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Asbestos Litigation Defense

Cetrulo LLP has been widely acknowledged as a pioneer in asbestos litigation. The Firm's attorneys are regularly invited to speak at national conferences. They are also well-versed on the many issues that arise in litigating asbestos cases.

Research has proven that asbestos exposure can cause lung damage and disease. This includes mesothelioma, and less serious diseases like asbestosis and pleural plaques.

Statute of limitations

In most personal injury claims statutes limit the time frame within which a victim may make a claim. In asbestos cases, the statutes of limitations differ by state. They are also different from other personal injury lawsuits as asbestos-related illnesses can take years to be apparent.

Due to the delay in the development of mesothelioma and other asbestos-related illnesses, the statute of limitation begins on the date of diagnosis, or death in the case of wrongful death, rather than the date exposure. This discovery rule is the reason the victims and their families need to work with an experienced New York mesothelioma lawyer as soon as they can.

When you file a asbestos Lawsuit - roberson-Upton-2.thoughtlanes.net,, there are many factors that must be taken into account. The statute of limitations is among the most important. The statute of limitations is the deadline by which the victim must make a claim. Failure to do so could result in the lawsuit being barred. The statute of limitation varies from state to state and laws differ widely. However, most states allow between one and six year after the date of diagnosis.

In an asbestos case, defendants often employ the statute of limitations as a defense against liability. They might argue for instance that plaintiffs should have been aware or were aware of their asbestos exposure and had the obligation of notifying their employer. This is an argument that is common in mesothelioma cases, and it can be difficult for the plaintiff to prove.

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

Generally, it is best to file the asbestos lawsuit in the state where the victim's residence. However, there are circumstances in which it might be appropriate to file the lawsuit in a different state. This usually has something to be related to where the employer is located or the place where the employee was first exposed to asbestos.

Bare Metal

The defense of bare metal is a common strategy employed by manufacturers of equipment in asbestos litigation. The bare metal defense argues that since their products left the plant as untreated steel, they didn't have a responsibility to warn about the dangers of asbestos-containing products later added by other parties, for instance thermal insulating and flange seals. This defense is accepted in some jurisdictions, but not all.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has changed the law. The Court rejected the preferred rule of manufacturers' bright line rule and instead created a new standard under which a manufacturer has a duty to warn if it knows that its product is likely to be hazardous for its intended use and has no reason to believe that its end customers will be aware of the risk.

This change in law makes it more difficult for plaintiffs to file claims against equipment manufacturers. However this isn't the end of the story. The DeVries decision is not applicable to state law claims that are based on strict liability or negligence, and is not applicable to claims brought under federal maritime law statutes, such as the Jones Act.

Plaintiffs will continue to seek a more expansive understanding of the bare-metal defense. In the Asbestos Multi District Litigation in Philadelphia for instance the case was remanded back to an Illinois federal judge to determine if the state recognizes this defense. The plaintiff who died in this case was carpenter who was exposed to switchgear, turbines, and other asbestos lawyers-containing parts at an Texaco refinery.

In a similar case, a judge in Tennessee has stated that he is likely to take a different approach to the defense of bare metal. The plaintiff in the case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma while working on equipment that had been repaired or replaced by third-party contractors including the Equipment Defendants. The judge in the case held that bare metal defenses apply to cases like this. The Supreme Court's DeVries decision will affect the way judges apply the bare-metal defense in other contexts.

Defendants' Experts

Asbestos litigation can be complex and requires attorneys with vast knowledge of both law and medicine and access to top experts. EWH attorneys have decades of experience in asbestos attorney litigation, such as investigating claims, developing strategies for managing litigation and budgets, identifying and bringing in experts and defending plaintiffs as well as defendants expert testimony at depositions and trials.

Typically asbestos cases require testimony of medical professionals like a radiologist and pathologist who can testify about X-rays or CT scans that reveal scarring of lung tissue typical of asbestos exposure. A pulmonologist may also provide evidence of symptoms, such as breathing difficulties that are similar to symptoms of mesothelioma or other asbestos-related diseases. Experts can provide a thorough description of the plaintiff's employment background, including an analysis of their tax, social security and union records as well as job and employment details.

An forensic engineering or environmental scientist may be necessary to explain the source of the asbestos exposure. These experts can aid defendants to argue that asbestos lawyer exposure did not occur at the workplace, but brought to the home through clothing worn by workers or air outside.

Many attorneys representing plaintiffs hire economic loss experts to assess the financial losses incurred by victims. These experts can calculate how much money a victim has lost due to their illness and the impact it affected their life. They can also testify about expenses such as the cost of medical bills as well as the cost of hiring someone to do household chores that one is unable to do anymore.

It is important that defendants challenge plaintiffs' expert witnesses, particularly if they have testified on hundreds or even hundreds of other asbestos claims. If they repeat their testimony, the experts could lose credibility with jurors.

In asbestos cases, defendants can also seek summary judgment when they demonstrate that the evidence does not show that the plaintiff suffered injuries due to their exposure to the defendant's product. However a judge won't accept summary judgment simply because the defendant points to weaknesses in the plaintiff's evidence.

Trial

Due to the latency issues that are prevalent in asbestos cases, it is difficult to make a significant discovery. The time between exposure and disease can be measured in years. 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 examination of social security, union, tax, and financial records as well as interviews with co-workers and family members.

Asbestos victims often develop less serious illnesses like asbestosis before being diagnosed with mesothelioma. Because of this the ability of a defendant to prove that a plaintiff's symptoms may be due to another disease than mesothelioma is valuable in settlement negotiations.

In the past, certain attorneys have used this strategy to deny liability and get large amounts of money. As the defense bar has evolved, courts have generally resisted this method. This is particularly true in federal courts, where judges routinely reject such claims due to the absence of evidence.

An in-depth analysis of each potential defendant is therefore essential to ensure a successful defense in asbestos litigation. This includes assessing the severity and length of the illness and the extent of the exposure. For instance, a woodworker who is diagnosed with mesothelioma is more likely to receive higher damages than a person who only has asbestosis.

The Bowles Rice Asbestos Litigation Team defends asbestos-related litigation on behalf of manufacturers, distributors and suppliers contractors, employers and property owners. Our lawyers have years of experience serving as National Trial and National Coordinating Counsel. They are frequently appointed by courts as liaison counsel to handle the prosecution of asbestos dockets.

Asbestos litigation can be complex and expensive. We help our clients to recognize the risks involved in this kind of litigation and we assist them to create internal programs that are proactive and detect liability and safety issues. Contact us today to learn more about how our firm can protect your business's interests.