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Asbestos Litigation Defense Cetrulo LLP has been widely recognized as a leader in asbestos litigation. The firm's lawyers are frequently invited to give presentations at national conferences. They are also well-versed on the numerous issues that arise in litigating asbestos cases. Research has demonstrated that exposure to asbestos can lead to lung diseases and damage. This includes mesothelioma, as well as lesser diseases like asbestosis and plaques in the pleural region. Statute of limitations In the majority of personal injury cases the statute of limitations establishes a time limit for the time after an accident or injury, the victim is able to start an action. In asbestos cases, statutes of limitations vary according to the state. They also differ from other personal injury lawsuits because asbestos-related diseases can take a long time to manifest. Due to the delaying nature of mesothelioma as well as other asbestos-related diseases, the statute of limitations clock starts at the date of diagnosis (or death, in the case of wrongful deaths) rather than at the time of exposure. This discovery rule is the reason why the families of victims should seek out as soon as they can with a reputable New York asbestos lawyer. When making an asbestos lawsuit, there are many aspects that must be taken into account. One of the most important is the statute of limitations. This is the date that the victim has to file the lawsuit by, and failing to file the lawsuit could cause the case to be barred. The statute of limitations varies according to state, and the laws differ greatly in some states, but the majority allow between one and six years from when the victim was diagnosed with an asbestos-related disease. During an asbestos case when the defendants often attempt to invoke the statute of limitations as a defense against liability. For instance, they might argue that the plaintiffs were aware or ought to have known about their exposure and thus had a duty to notify their employer. This is a common argument in mesothelioma lawsuits and it isn't easy for the victim to prove. Another potential defense in an asbestos case is that the defendants did not have the resources or the means to warn people of the dangers of the product. This is a complex case and relies on the available evidence. For instance, it was successfully presented in California that the defendants did not have “state-of-the-art” knowledge and thus could not be expected to give adequate warnings. Generally, it is best to file the asbestos lawsuit in the state of the victim's home. However, there are some situations in which it might be appropriate to file the lawsuit in another state. This is usually to relate to where the employer is located or where the person was first exposed to asbestos. Bare Metal The defense of bare metal is a tactic that equipment manufacturers use in asbestos litigation. The bare metal defense asserts that, because their products left the plant as bare steel, they didn't have a duty to inform about the dangers of asbestos-containing products later added by other parties, like thermal insulating seals and flanges. This defense has been embraced in certain areas, but it is not available under federal law in all states. The Supreme Court's ruling in Air & Liquid Sys. Corp. v. DeVries changed that. The Court did not accept manufacturers' preferred bright-line rule and instead established a standard that requires a manufacturer to warn if they know that their product is hazardous for its intended use and have no reason to believe that the end users will be aware of the danger. While this change in law could make it harder for plaintiffs to prevail in claims against manufacturers of equipment, it's not the end of the tale. The DeVries decision is not applicable to state-law claims based on strict liability or negligence, and is not applicable to claims brought under federal maritime law statutes like the Jones Act. Plaintiffs will continue to pursue an expanded interpretation of the defense of bare metal. In the Asbestos Multi-District Litigation of Philadelphia for instance, a case was remanded to an Illinois federal judge to determine if the state recognizes this defense. The deceased plaintiff in this claim was carpenter who was exposed to switchgear, turbines and other asbestos-containing components at an Texaco refinery. In a similar case in Tennessee, the Tennessee judge has stated that he would take the third approach to the defense of bare metal. The plaintiff in that case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma after working on equipment that had been repaired or replaced by contractors from third parties including the Equipment Defendants. The judge in the case decided that the bare metal defense applies to cases such as this. The Supreme Court's DeVries decision will impact how judges apply the bare-metal defense in other situations. Defendants' Experts Asbestos litigation is complex and requires lawyers with extensive knowledge of law and medicine and access to top experts. Attorneys at EWH have years of experience in assisting clients with various asbestos litigation issues, including analyzing claims, preparing strategic budgets and litigation management plans, hiring and retaining experts and defending plaintiffs' and defendants' expert testimony during deposition and at trial. Typically, asbestos cases require the testimony of medical professionals like pathologists and radiologists who can testify about X-rays or CT scans that show scarring of the lung tissue that is typical of asbestos exposure. A pulmonologist could also testify on symptoms, such as breathing difficulties, which are similar to mesothelioma as well as other asbestos-related diseases. Experts can provide an in-depth description of the plaintiff's employment background, including an examination of his or her tax social security and union records as well as job and employment details. It may be necessary to consult an engineer who is forensic or an environmental scientist in order to determine the cause of asbestos exposure. Experts in these fields can assist defendants argue that the alleged asbestos was not exposed in the workplace and was instead brought home on workers' clothing or from the air outside (a common defense in mesothelioma cases). Many plaintiffs' lawyers will bring experts from the field to determine the financial losses incurred by the victims. These experts can calculate the amount of money that a victim has lost due to their illness and its impact on their daily life. They can also testify on expenses such as medical bills and the cost of hiring someone to perform household chores a person is unable to do. Jacksonville asbestos attorneys is crucial for defendants to challenge the expert witnesses of the plaintiff, especially in cases where they have given evidence in dozens, or hundreds of other asbestos-related claims. If they repeat their testimony, these experts may lose credibility with jurors. In asbestos cases, defendants may also seek summary judgment if they can show that the evidence does NOT establish that the plaintiff was injured by exposure to the defendant's products. However the judge will not give summary judgment merely because the defendant cites holes in the plaintiff's proof. Trial Due to the latency issues that are prevalent in asbestos cases, it is difficult to make a meaningful discovery. The lag between exposure and the onset of the disease could be measured in decades. Thus, establishing the facts that will make a case requires a thorough review of a person's entire employment history. This usually involves an exhaustive review of social security as well as tax, union and financial records as well as interviews with co-workers and family members. Asbestos sufferers are often diagnosed with less serious illnesses such as asbestosis prior to diagnosis of mesothelioma. Because of this the ability of a defendant to show that the plaintiff's symptoms could be due to another disease that is not mesothelioma-related is crucial in settlement negotiations. In the past, certain attorneys have employed this strategy to deny liability and obtain large amounts of money. However, as the defense bar has evolved, this approach has been generally rejected by the courts. This is particularly true for federal courts, where judges often reject such claims due to lack of evidence. As a result, a careful evaluation of every potential defendant is crucial to a successful asbestos defense. This includes assessing the length and the nature of the exposure as and the severity of any disease that is diagnosed. For example, a carpenter who has mesothelioma will likely be awarded higher damages than one who has only suffered from asbestosis. The Bowles Rice Asbestos Litigation Team defends asbestos-related litigation for product manufacturers, suppliers and distributors, contractors, employers, and property owners. Our lawyers have served as National Trial and National Coordination Counsel and are regularly appointed as liaison counsel by courts to handle asbestos dockets. Asbestos litigation can be complex and costly. We assist our clients in understanding the risks involved in this type of litigation. We assist them in establishing internal programs to identify potential liability and safety issues. Contact us today to learn more about how our firm can protect your business's interests.