Mesothelioma cases often arise from exposure to asbestos, a dangerous material that can cause severe health issues. Victims of mesothelioma usually seek compensation from companies responsible for their asbestos exposure. However, defendants often raise several defenses to avoid liability or reduce their financial responsibility. Let’s explore companies’ most frequent strategies in these cases and how a mesothelioma law firm can help navigate these complex legal battles.
Claiming Lack of Causation
One of the primary defenses in mesothelioma cases is the claim of lack of causation. Defendants often argue that the asbestos exposure did not directly cause the mesothelioma or that the plaintiff was exposed to other harmful substances that may have led to the illness. This defense relies on challenging the medical and scientific evidence linking asbestos exposure to the development of the disease.
In such cases, providing clear and convincing proof of the exposure and its direct impact on the victim’s health becomes essential. A strong legal team can counter this defense by gathering detailed evidence that proves the company’s role in the exposure.
Statute of Limitations Defense
In mesothelioma cases, the statute of limitations typically begins when the illness is diagnosed, not when the exposure occurs. Defendants may argue that the plaintiff waited too long to file a claim, thus preventing the lawsuit from proceeding.
The legal process for mesothelioma claims can be complicated by the disease’s long latency period, which often takes decades to develop. Therefore, working with an experienced law firm is vital to ensure that the claim is filed within the proper time frame.
Third-Party Liability
In some mesothelioma cases, defendants attempt to shift the blame to a third party. By deflecting liability, the defendant aims to reduce their financial responsibility or avoid it altogether. To counter this defense, providing thorough documentation of the workplace conditions and exposure history is important.
Identifying the source of asbestos exposure and proving the defendant’s involvement in maintaining an unsafe environment are crucial steps in challenging the third-party liability argument. An experienced legal team will work to demonstrate that the defendant bears full responsibility for the unsafe conditions that led to the victim’s illness.
The Victim’s Assumption of Risk
In some cases, the defense suggests that the plaintiff was aware of the dangers of working with asbestos but chose to continue, thereby reducing the company’s liability. This argument is often used in industries where asbestos was commonly used, such as construction or shipbuilding.
However, many workers were unaware of the risks of asbestos exposure. A legal team can argue that the company failed to provide adequate warnings or safety measures, shifting the responsibility back to the employer for failing to protect its workers.
Bankruptcy Trust Claims
Some companies often establish bankruptcy trusts to compensate victims. Defendants may argue that the plaintiff should seek compensation from these trusts rather than filing a lawsuit against them directly.
While bankruptcy trusts provide some compensation, they often do not cover the full cost of medical expenses and other damages. Navigating these complex legal waters requires expertise, and it is crucial to work with a law firm that understands the intricacies of both bankruptcy claims and traditional litigation.
Defendants in mesothelioma cases often use a variety of defenses to avoid liability, including lack of causation, the statute of limitations, third-party liability, assumption of risk, and bankruptcy trust claims. With the right representation, victims of mesothelioma can overcome these defenses and secure the compensation they deserve for their suffering. Working with a skilled mesothelioma law firm can make all the difference in pursuing justice and financial relief for the plaintiff.
