Asbestos & Mesothelioma Law Blog
Companies facing asbestos exposure claims are rarely willing to accept liability and pay mesothelioma victims or families of victims the compensation they deserve. Companies in asbestos claims and lawsuits are usually represented by skilled attorneys armed with several defense strategies. And the truth is that some of the defenses defendants’ attorneys present in mesothelioma cases are quite strong. For this reason, it is vital that if you or a loved one were diagnosed with mesothelioma and you plan to file an asbestos exposure claim against the negligent party or parties, you hire a skilled attorney to represent you in your claim. In the legal system, there is a balance between the claimant’s and defendant’s interests. Defendants have the right to raise defenses, and claimants have the right to dispute the defenses raised by the defense side.
As someone planning to file a mesothelioma claim, it is crucial that you are aware of the possible defenses companies in asbestos exposure claims use. The following are a few of the defenses defendants in mesothelioma cases use.
Alternative Exposure
One of the defenses companies in asbestos exposure claims use is alternative exposure. When a defendant in an asbestos exposure case raises this defense, they are not disputing the cause of the victim’s illness. In other words, when a defendant raises this defense, they are not arguing that the victim’s mesothelioma was not caused by asbestos exposure. Instead, they are claiming that they are not to blame for the asbestos exposure that caused the victim’s illness. The defense of alternative exposure argues that the victim’s asbestos exposure was from a source that is not one of their (the defendant’s) premises or products.
If the defense side raises this defense, your mesothelioma lawyer can help present evidence that can help prove that the defendant(s) are to blame for your or your loved one’s asbestos exposure and, thus, illness.
Statute of Limitations
Another commonly used defense in mesothelioma cases is the statute of limitations. The defense side may argue that you filed your claim after the statute of limitations had expired. In the United States of America, there are time limits for filing mesothelioma cases, which vary depending on the jurisdiction. In most states, the statute of limitations on mesothelioma cases is one to three years. Usually, companies in asbestos exposure claims will raise the defense of statute of limitations to get the case dismissed.
If this defense is raised in your case, an experienced attorney can review the facts of your case, explain the statute of limitations, and determine if any exceptions apply to your case.
Bare Metal Defense
Another defense that companies in asbestos exposure at times use that is more complex than other defenses is the bare metal defense. With this defense, defendants argue that since their products left their control as “bare metal” with no asbestos, they did not have a duty to warn of the dangers of asbestos products added later by others and thus are not liable.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.