Asbestos Lawsuits and Lawyers
History of Asbestos Usage
For decades, industry has used asbestos as an insulator, fire retardant, brake shoe liner, and even as a component in race car driver's suits (in case of fire). It was universally called the “wonder mineral” because of asbestos's low cost and the many useful roles it has played in industry.
Today we know the long term effects of being exposed to asbestos fibers. These are predominantly lung cancer and mesothelioma. It is not like radiation, it's harmless to be around undisturbed; it's only when you disturb it dislodging fibers that problems arise. The fibers lodge themselves in your lungs and that is where the problems begin.
Plaintiffs and Defendants in Asbestos Lawsuits
The plaintiffs in lawsuits involving asbestos cases include the individual who has been exposed to asbestos in the course of their employment, or in some cases, their families. Defendants fighting against the asbestos claims are the parties who are being held liable by the plaintiff for the exposure to asbestos. Typically, defendants in asbestos lawsuits have been employers or manufacturers of asbestos products.
Why are these lawsuits filed? They are not always frivolous. Their purpose is to petition for award of monetary damages that came about from illness that the asbestos caused. These might include the medicals, lost paychecks, and related costs. Punitive damages are also awarded in many asbestos lawsuits. In some cases the laws permits asbestos lawsuits to be initiated by workers who who do not even have symptoms but think they might develop an illness in the future.
Why? Because the law is trying to be forward looking and allow workers exposed to asbestos to get their financial affairs in order in case they contract a disease in the future. Many of these lawsuits have just created a general knowledge of asbestos exposure risks which explains the rising numbers of asbestos lawsuits.
How to File an Asbestos Lawsuit
This is the easiest part of the process. There are law firms that specialize in these types of claims and so they are very good at getting generous settlements. In many cases the suit is so similar to previous ones that the actual preparation is minimal. The science is there, the working conditions have been documented, and the plaintiff's medical records are easy to procure.
When law firms specialize so tightly, they tend to know the judges and the defending lawyers and everyone knows how everything else works. The only wild card is the jury. That is why jury selection is so critical to the case.
The Call for Tort Reform
The problem today is the tort system. The asbestos lawsuit has turned into not so much a tool for justice for workers that have suffered from exposure, but an industry for the trial lawyers.
According to Treasury Secretary John Snow in an address to the American Tort Reform Association, “We know that the current tort system is costing America well over $200 billion each year… that’s a tort tax – paid in the form of lower wages, higher product prices, and reduced investments – of $809 for every individual and more than $3200 for a family of four. And this is a regressive tax, imposed indiscriminately across our economy."
Furthermore he goes on "To make the situation even less fair, less than 50 cents of each dollar of those tort costs go to victims… and, of that, only 22 cents goes to compensate them for actual economic losses they have suffered… meanwhile the personal injury lawyers profit enormously.”
And this situation gets even uglier when the lawsuit is a class action lawsuit. Typically, the lawyers lure as many plaintiffs as possible under the pretense of a payout citing the “strength in numbers” concept. Once the settlement is negotiated, the payout to the plaintiffs turns out to be minuscule while the law firm walks away with millions. This is not justice.
The Future of Asbestos Lawsuits
At some point in the future, asbestos lawsuits will go away by attrition. Almost no asbestos is being used in new production and every year more and more facilities and buildings undergo asbestos abatement. The guidelines regarding asbestos abatement are so worker-protective that it is unlikely that any credible lawsuits will arise there. As time goes on, workers who worked with asbestos will either have settled or passed on from old age.