Mesothelioma, an aggressive and frequently deadly form of cancer, is mainly caused by asbestos exposure. As a consequence, numerous individuals diagnosed with mesothelioma have filed lawsuits against the companies responsible for their asbestos exposure. However, companies have various defenses at their disposal that they may use to avoid liability or reduce the amount of compensation they are required to pay. In this article, we will delve into some of the typical defenses used by companies in mesothelioma lawsuits.
What are the common defenses used by companies in mesothelioma lawsuits?
In the world of mesothelioma lawsuits, companies often use a range of defenses to avoid liability or reduce the compensation they are required to pay. Here are some of the most commonly used defenses:
First, companies may argue that they are not responsible for the plaintiff’s exposure to asbestos and, therefore, should not be held liable for any resulting injuries. They may also claim that the plaintiff’s lawsuit was not filed within the statute of limitations, the time frame allowed by law.
Another common defense is contributory negligence, in which the defendant argues that the plaintiff was partially responsible for their exposure to asbestos and should not be entitled to full compensation. Defendants may also argue that the plaintiff’s mesothelioma was caused by a pre-existing condition, not their exposure to asbestos.
Companies may also argue that the plaintiff lacks sufficient evidence to support their claims that the defendant’s products caused their mesothelioma. In addition, they may argue that the plaintiff has already received compensation from a bankrupt company’s trust, or from settlements with other companies responsible for their asbestos exposure.
An experienced mesothelioma lawyer can navigate these defenses and fight for the compensation the plaintiff deserves. If you or a loved one has been diagnosed with mesothelioma, it’s crucial to seek the assistance of a knowledgeable and experienced mesothelioma lawyer to guide you through the legal process and fight for your rights.
Counterarguments to common defenses:
When it comes to mesothelioma lawsuits, companies often use common defenses to avoid liability or reduce the amount of compensation they are required to pay. To ensure that their clients receive fair compensation, mesothelioma lawyers must have counterarguments ready to refute these defenses. Some counterarguments that lawyers may use include:
- Lack of Evidence: Companies may claim that there is insufficient evidence to prove their products or actions caused the plaintiff’s mesothelioma. To counter this argument, mesothelioma lawyers can present medical records and expert testimony to demonstrate a causal link.
- Statute of Limitations: Defendants may argue that the plaintiff filed the lawsuit too late, beyond the state’s statute of limitations. Mesothelioma lawyers can counter this argument by showing that the plaintiff could not have discovered the illness earlier and that the statute of limitations should be tolled.
- Contributory Negligence: Companies may argue that the plaintiff’s own negligence contributed to their mesothelioma. Mesothelioma lawyers can counter this argument by showing that the plaintiff was not aware of the danger and that the company did not provide adequate warnings.
- Bankruptcy Trust Claims: Companies may argue that the plaintiff has already received compensation from a bankruptcy trust set up for mesothelioma victims. Mesothelioma lawyers can counter this argument by showing that the trust payment does not cover all damages and that the company should still be held accountable.
- Lack of Corporate Responsibility: Companies may argue that they are not responsible for the plaintiff’s mesothelioma because they are no longer in business or have changed ownership. Mesothelioma lawyers can counter this argument by demonstrating that the new company assumed liability or that the old company had a legal responsibility to warn about the danger.
In sum, anticipating common defenses used by companies in mesothelioma lawsuits is crucial for mesothelioma lawyers. They must be prepared with strong counterarguments to ensure their clients receive the compensation they deserve.
Importance of hiring a skilled mesothelioma lawyer:
Asbestos exposure can lead to mesothelioma, a devastating form of cancer. If you or a loved one has been diagnosed with mesothelioma, it is crucial to hire a skilled mesothelioma lawyer to fight against the common defenses used by companies in these types of lawsuits.
A qualified mesothelioma lawyer will possess extensive knowledge and experience in handling such complex cases and will be well-equipped to address any challenges that arise during the legal process. They will have a deep understanding of the intricate medical and legal issues that come up in these cases and have access to a network of medical experts to provide testimony about the illness’s cause and the company’s liability.
Moreover, a mesothelioma lawyer can investigate and gather evidence to bolster your case. They can review your medical records, work history, and company documents to establish a connection between your exposure to asbestos and the company’s negligence.
In addition, a mesothelioma lawyer can negotiate with the company’s legal team to secure a fair settlement, or if required, take the case to trial. They will work tirelessly to ensure that you receive compensation that covers medical expenses, lost wages, and pain and suffering.
Overall, retaining a skilled mesothelioma lawyer is crucial in safeguarding your legal rights and ensuring that you receive just compensation for your suffering. They will guide you through the legal process and fight tenaciously on your behalf to hold companies accountable for their wrongdoing.
In sum, companies facing mesothelioma lawsuits commonly employ a range of legal defenses to evade liability. But with the right legal strategy and counterarguments, these defenses can be challenged. Therefore, it is critical to engage a skilled mesothelioma lawyer who can gather compelling evidence, devise an effective legal strategy, and fight for victims’ rightful compensation. This way, mesothelioma victims and their families can hold companies accountable for their misconduct and obtain the justice they deserve.