Asbestos Litigation Defense

Cetrulo LLP is widely recognized as a leader in asbestos litigation defense. The Firm's attorneys are regularly invited to present at national conferences. They are also knowledgeable on the many issues that arise in trying to defend asbestos cases.

Research has shown that asbestos exposure can cause lung diseases and damage. This includes mesothelioma, and lesser illnesses like asbestosis and pleural plaques.

Statute of limitations

In most personal injury claims, a statute limits the time frame within which a victim can make a claim. In the case of asbestos lawsuits the statute of limitations differs by state and differs from in other personal injury claims because the symptoms of asbestos-related illnesses can take decades to show up.

Due to the delay in the development of mesothelioma as well as other asbestos-related diseases the statute of limitations begins at the time of diagnosis, or death in wrongful death claims, rather than the date exposure. This discovery rule is the reason why the families of victims must work as quickly as they can with a reputable New York asbestos lawyer.

There are many aspects to take into consideration when filing an asbestos lawsuit. One of the most important is the statute of limitations. The statute of limitations is the time limit at which the victim has to make a claim. Failure to file a lawsuit will result in the case being barred. The time limit for filing a lawsuit is different from state to state, and the laws differ greatly. However, the majority allow between one and six years after the date of diagnosis.

In asbestos cases, defendants often employ the statute of limitations as a defense to liability. They could argue, for example, that the plaintiffs should have known or knew about their exposure to asbestos and were under a duty of notification to their employer. This is an often used argument in mesothelioma lawsuits and it can be difficult for the plaintiff to prove.

A defendant in an asbestos case may also claim that they didn't have the resources or the means to warn people about the dangers of the product. This is a difficult case and depends largely on the available evidence. In California, for example, it was successfully argument that defendants did not have "state-ofthe-art" information and could not be expected to provide sufficient warnings.

In general, it's better to file an asbestos lawsuit in the state in which the victim resides. In certain circumstances it might be beneficial to make a claim in a state other than the victim's. This usually has to do with the location of the employer or the place where the worker was exposed to asbestos.

Bare Metal

The"bare metal" defense is a typical strategy used by equipment manufacturers in asbestos litigation. The bare who was diagnosed with mesothelioma following working on equipment that was repaired or replaced by third-party contractors which included the Equipment Defendants. The judge in that case held that the bare metal defense is applicable to cases like this. The Supreme Court's DeVries decision will affect the way judges use the bare-metal defense in other situations.

Defendants' Experts

Asbestos litigation is complex and require skilled attorneys with a deep knowledge of legal and medical issues as well as access to top expert witnesses. Attorneys at EWH have years of experience assisting clients in various asbestos attorneys litigation issues, including analyzing claims, developing strategic budgets and plans for managing litigation in identifying and retaining experts, and defending plaintiffs' and defendants expert testimony in deposition and at trial.

Most asbestos cases require the testimony of medical professionals such as a radiologist or pathologist. They can testify that X-rays and CT scans reveal the typical scarring of lung tissue due to asbestos exposure. A pulmonologist may also testify on symptoms, like difficulty in breathing, that are similar to mesothelioma as well as other asbestos lawyer-related illnesses. Experts can also provide full details of the work performed by the plaintiff, including an examination of the worker's union, tax, and social security records.

An forensic engineering or environmental scientist may be required to explain the source of the asbestos exposure. Experts in these fields can assist plaintiffs argue that the asbestos was not exposed at the workplace and instead was brought home on the clothing of workers or in the air outside (a common defense in mesothelioma cases).

Many plaintiffs' attorneys will hire economic loss experts to determine the monetary losses incurred by victims. These experts will be able to determine the amount of money a person has lost due to illness and the effect it had on his or her life. They can also testify on expenses like medical bills and the cost of hiring someone else to complete household chores that an individual is no longer able to do.

It is crucial that defendants challenge plaintiffs experts, particularly in the event that they have testified on hundreds or even hundreds of asbestos claims. If they repeat their testimony, the experts could lose credibility with jurors.

Defendants in asbestos cases can also apply for summary judgment if they can show that the evidence doesn't establish that the plaintiff suffered any injuries caused by their exposure to the defendant's product. A judge is not likely to grant summary judgement just because a defendant has pointed out gaps in the plaintiff’s proof.

Going to Trial

Due to the latency issues involved in asbestos cases, it is difficult to make a meaningful discovery. The lag between exposure and the development of the disease can be measured in years. To determine the facts on which to base a case it is essential to examine an individual's employment history. This involves a thorough review of the individual's tax, social security and union records, as well as financial documents, in addition to interviews with family members and colleagues.

Asbestos sufferers are often diagnosed with less serious diseases like asbestosis prior to a mesothelioma diagnose. Because of this, the ability of a defendant to show that the plaintiff's symptoms stem from a disease other than mesothelioma can have significant importance in settlement negotiations.

In the past, certain lawyers have employed this method to deny responsibility and get large sums. However, as the defense bar has developed, this approach has been largely rejected by the courts. This is particularly evident in federal courts where judges have often dismissed claims based on lack of evidence.

An in-depth analysis of each potential defendant is therefore essential to ensure a successful defense in asbestos attorney litigation. This includes assessing the duration and extent of exposure, as and the severity of any diagnosed disease. For example, a woodworker who has mesothelioma is likely to suffer more damages than someone who only has asbestosis.

The Bowles Rice Asbestos Litigation Team defends asbestos-related litigation on behalf of manufacturers, suppliers and distributors contractors, employers, and property owners. Our lawyers have been National Trial and National Coordination Counsel and are frequently appointed as liaison counsel by courts to manage asbestos dockets.

Asbestos litigation can be complicated and costly. We help our clients understand the risks associated with this type of litigation. We collaborate with them to develop internal programs to identify potential safety and liability issues. Contact us today to learn more about how our company can protect your company's interests.