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Asbestos Litigation Cases – Individual Versus Class Action In some cases, plaintiffs prefer to file individual lawsuits instead of collective actions. Individual lawsuits can provide greater compensation for mesothelioma or other asbestos-related diseases. Researchers have discovered that exposure to asbestos can cause lung damage and cause lung disease. Because mesothelioma sufferers have an estimated latency of 40-50 years, it may take long for patients to develop the disease. The History of Asbestos Litigation Asbestos suits are the longest-running mass torts in U.S. History. The federal and state courts first began to handle asbestos cases in the 1970s when medical research linked asbestos exposure to diseases like mesothelioma and lung cancer. Many companies that mined, produced and supplied asbestos-based products were aware of the dangers, but omitted or hid from these risks. Many asbestos-related companies filed for bankruptcy due to lawsuits brought by victims and family members. The majority of companies that filed for bankruptcy set asbestos trust funds in order to pay victims. While the vast majority of asbestos-related claims are settled out of court, a small amount of cases go to trial. If this happens judges are generally skeptical of defenses and may award substantial verdicts for victims. Asbestos lawyers have successfully pushed thousands of cases through the process of trial and obtained significant verdicts for mesothelioma sufferers. The complexity of asbestos cases can be difficult to win. In an asbestos-related case plaintiffs must prove that their illness was directly triggered through exposure to asbestos by the company. This requires a comprehensive database linking workers, their job sites and their employers' names, the products they used, their suppliers and vendors. This process could take several years, particularly if the victim's employment history is complex. Interviewing co-workers and family members as well as abatement employees, suppliers, and other parties who could be responsible may be required. The evidence in an asbestos case requires expert witness testimony to back claims of an asbestos-related illness. These experts are usually physicians who have received training in the diagnosis and pathology of asbestos-related diseases and have analyzed a patient's medical records. This is especially crucial in the case of mesothelioma which is a difficult disease to identify. Defense lawyers can also attempt to discredit experts by pointing out their credentials or background. In recent years defendants have challenged the scientific consensus that mesothelioma is caused due to asbestos. The First Case Asbestos lawsuits are distinct from other types of personal injury claims. Asbestos fibers inhalation can cause a rare disease called mesothelioma, or other asbestos-related diseases. These injuries typically result from exposure to asbestos at specific work places, like power stations, shipyards and construction projects. Contrary to other forms of civil litigation, asbestos lawsuits are filed on a class-wide basis, rather than separately. This allows plaintiffs to bring a lawsuit against multiple defendants, and to receive compensation from different sources. The first mesothelioma claim was filed in 1927 by a seaman who had been exposed to asbestos while working on an British ship. The victim contracted mesothelioma after breathing asbestos particles that were released when constructing ships at Harland and Wolff Plc, which was a company that built naval vessels for the Royal Navy and other clients. A dock worker filed a lawsuit in the early 1990s following suffering from mesothelioma after exposure to asbestos emitted by the factories in which he worked. The victim's wife filed a suit in federal court against five companies, including Union Carbide Inc. and Montello Inc. who both produced valves containing asbestos for oil rigs, industrial processes, and other industrial processes. Other cases began to follow. In 1973 the Fifth Circuit Court of Appeals declared asbestos manufacturers responsible (Borel v. Fibreboard) for any injuries to workers. The decision boosted the number of asbestos-related claims, putting asbestos manufacturers on notice that they might be sued over their products. Lawyers for a plaintiff in a lawsuit involving asbestos need to understand the complicated chain of exposure. This includes determining the victim's exposure as well as mesothelioma diagnosis as well in identifying the potential defendants. It is also essential to ensure that the lawsuit is compliant with federal and state laws that relate to asbestos litigation. This includes those which govern asbestos disclosure procedures. One of the most important steps is choosing an attorney who is specialized in mesothelioma lawsuits. A reliable law firm will provide an initial consultation for free and will review the client's asbestos-related medical records to determine eligibility for a lawsuit involving asbestos. The Second Case Asbestos victims have received significant payouts in court, and these are often higher than what they receive from a mesothelioma settlement or asbestos trust fund claim. Asbestos victims have been awarded compensation for various reasons, including physical and psychological damage caused by asbestos exposure. Research has proven that asbestos workers are more likely to suffer lung diseases and lung damage than those who don't work with asbestos. In Arlington asbestos attorney , a variety of law firms with years of experience in asbestos litigation filed huge mesothelioma cases in large numbers. It was a way to be recognized and earn money. This approach was not beneficial to mesothelioma sufferers. Many of these firms took on more cases than they could handle and didn't offer the necessary medical support or representation that mesothelioma patients need. Insurance companies and defendants have also used other tactics to fight asbestos claims. For example, the insurance industry argued that asbestos sufferers must be required to prove the particular asbestos they were exposed to was the cause for their illness. This was a direct attack on the concept of joint-and-several liability, which permits the plaintiff to be held liable for all damages resulting from exposure to asbestos by multiple defendants. Mesothelioma patients and their lawyers were vehemently against this strategy. They claimed that it was unfair to demand asbestos victims to prove the reason for their illness before they could recover damages. This could deter patients from filing lawsuits with legal firms that are reputable and make them accept less than what their case is worth. The House of Lords ultimately sided with the victims and rejected arguments of the insurers. However, this decision did not affect the large sums of money given to asbestos victims by the insurance industry. This is why it is important to select an asbestos compensation law firm that is renowned for its expertise and professionalism. Thompsons Solicitors have handled and won more asbestos compensation cases than any other UK-based law firm. We also played a role in the first asbestos compensation claim to the court in 1972. The Third Case Contrary to the majority of toxic tort lawsuits, asbestos cases result in very serious injuries to people who's lives were forever altered due to exposure to a dangerous carcinogen. Mesothelioma is a form of cancer that affects tissues surrounding internal organs, such as the lungs. It can also spread to the chest wall, abdominal cavity as well as the brain and heart. The disease can take a long time to manifest, and sufferers are often forced to be aware of their degenerative condition. Many who have been affected by asbestos have experienced many financial hardship, as they have been forced to sell homes and pay medical bills and make other expensive adjustments to their lives. In recent years, however there have been numerous lawsuits filed by families against asbestos product suppliers and manufacturers. This is due to the fact that the law allows individuals to seek damages compensation even after their businesses have filed for bankruptcy. Many of these companies have been forced to retire and close after paying out billions in settlements to asbestos victims. However, there are a lot of plaintiffs looking to sue those that remain. The number of asbestos claims has actually increased. Certain cases are being used to benefit certain attorneys and their clients. For instance a judge from New York City recently made an order that reverses an old policy of not allowing mesothelioma lawsuits that award punitive damages. This was at the request of an attorney for Garlock Gasket. A bankrupt asbestos manufacturer, Garlock Gasket has been sued by over 30 mesothelioma patients. It was only one instance, but it attracted the attention of many. Many people believe the case is an indication of the fraudulent tactics that have become common in asbestos lawsuits. The corruption scandal that surrounded former New York Assembly Speaker Sheldon Silver brought more attention to the links between trial attorneys and politicians. This could help create some balance in the system. If you've been diagnosed with mesothelioma or another asbestos-related illness, there's no reason to delay seeking legal advice. The most effective mesothelioma lawyers will offer a no-cost consultation to discuss your case with you and decide on the best course-of-action. The process of submitting an asbestos claim can take several months, so it is vital to engage an attorney who understands the complexities involved and how to achieve results.