Asbestos Litigation Defense

Cetrulo LLP is widely recognized as a leading expert in asbestos litigation defense. The attorneys of the Firm are regularly invited to give presentations at national conferences. They are also well-versed on the many issues that arise in trying to defend asbestos cases.

Research has demonstrated that exposure to asbestos can lead to lung damage and cause lung disease. This includes mesothelioma, other lesser illnesses like asbestosis and pleural plaques.

Statute of Limitations

In the majority of personal injury cases, a statute of limitation sets a deadline for the time after an accident or injury, the victim is allowed to bring a lawsuit. In the case of asbestos the statute of limitations varies by state and is different than other personal injury cases because the symptoms of asbestos-related diseases can take a long time to show up.

Due to the delaying nature of mesothelioma, and other asbestos-related illnesses, the statute of limitation begins on the date of diagnosis, or death in wrongful death cases instead of the date of exposure. This discovery rule is why victims and their families should seek out as soon as they can with a reputable New York asbestos lawyer.

When you file a asbestos lawsuit, there are many factors that must be considered. The statute of limitations is one of the most crucial. This is the date that the victim must file the lawsuit by, and failing to do so could cause the case to be closed. The time limit for filing a lawsuit varies by state, and the laws differ greatly, but most allow for between one and six years from when the victim was diagnosed with an asbestos-related disease.

During an asbestos case, the defendants will often attempt to use the statute of limitations to defend against liability. They might argue for instance that the plaintiffs should have known or were aware of their exposure to asbestos and that they had a duty of notification to their employer. This is a common argument used in mesothelioma lawsuits and is difficult to prove for the victim.

A defendant in an asbestos case could also argue that they didn't have the resources or means to inform people about the dangers of the product. This is a complicated case that relies heavily on the evidence available. For instance it was successfully made in California that defendants did not possess "state-of-the-art" knowledge and could not be expected to provide adequate warnings.

Generally, it is best to file the asbestos lawsuit in the state of the victim's home. In certain circumstances it might be beneficial to file a lawsuit in a different state than the victim's. This usually has to do with the place of the employer, or where the person was metal defense is applicable to cases like this. The Supreme Court's decision in DeVries will have an impact on how judges will apply the bare-metal defense in other situations, such as those involving tort claims brought under state law.

Defendants' Experts

Asbestos litigation is complex and requires attorneys with deep medical and legal knowledge and access to experts of the highest caliber. EWH attorneys have decades of experience in asbestos litigation, which includes investigating claims, developing strategies for managing litigation and budgets, as well as identifying and hiring experts and defending plaintiffs as well as defendants in expert testimony at trials and depositions.

Typically asbestos cases require the testimony of medical professionals like pathologists and radiologists who can testify regarding X-rays or CT scans that reveal scarring of the lung tissue typical of asbestos attorney exposure. A pulmonologist could also testify on symptoms, like breathing difficulties, which are similar to mesothelioma and other asbestos-related diseases. Experts can provide an in-depth account of the plaintiff's work background, including an analysis of their tax, social security and union records as well as job and employment details.

It is possible to consult an engineer who is forensic or an environmental scientist in order to determine the cause of exposure to asbestos. These experts can aid the defendants argue that the asbestos exposure did not occur at the workplace, but brought home by workers' clothing or by airborne particles.

A lot of plaintiffs lawyers will call in economic loss experts to assess the financial losses suffered by the victims. These experts can calculate how much money a victim has lost due to their illness and the impact it has had on their life. They can also testify on expenses like medical bills and the cost of hiring someone to perform household chores that a person cannot perform.

It is essential that plaintiffs challenge defendants experts, particularly if they have testified on dozens or hundreds of asbestos claims. If they repeat their testimony, the experts may lose credibility with jurors.

In asbestos cases, defendants may also request summary judgment if they can show that the evidence does NOT prove that the plaintiff suffered injury due to exposure to the defendant's products. However a judge won't accept summary judgment simply because the defendant has pointed out gaps in the plaintiff's proof.

Going to Trial

Due to the latency issues that are prevalent in asbestos cases, it can be difficult to make a significant discovery. The lag between exposure and the appearance of the disease could be measured in decades. Therefore, determining the facts upon which to make a case requires a thorough review of an individual's entire work history. This often involves a thorough analysis of social security as well as tax, union and financial records, as well as interviews with co-workers and family members.

Asbestos patients are more likely to develop less serious ailments like asbestosis prior to the diagnosis of mesothelioma. Because of this, the ability of a defendant to prove that a plaintiff's symptoms stem from an illness other than mesothelioma may have a significant significance in settlement negotiations.

In the past, certain lawyers employed this strategy to deny responsibility and get large amounts of money. However, as the defense bar has developed and diversified, this strategy has been generally rejected by the courts. This is especially true in the federal courts where judges have routinely dismissed such claims based on lack of evidence.

A thorough evaluation of each potential defendant is essential to ensure a successful defense in asbestos litigation. This includes assessing the duration and the nature of the exposure, as and the degree of any diagnosed illness. For example a carpenter with mesothelioma will likely be awarded higher damages than a person who has only suffered from asbestosis.

The Bowles Rice asbestos lawsuits Litigation Team regularly defends suppliers, manufacturers, distributors, contractors as well as property owners and employers in asbestos-related litigation. Our lawyers have extensive experience as National Trial and National Coordinating Counsel. They are frequently appointed by courts as liaison counsel to oversee the prosecution of asbestos lawyer dockets.

Asbestos litigation can be a bit complicated and expensive. We help our clients understand the potential risks associated with this type of litigation. We assist them in establishing internal programs that will identify potential safety and liability concerns. Contact us to find out how we can help protect your business's interests.