Although it is now widely known that exposure to asbestos can cause Mesothelioma, and many responsible parties have been held accountable for the damages suffered by innocent victims, it is not always apparent who those responsible parties are. Many manufacturers engaged in the production of asbestos products that were used in various trades and industries over the years, and it can be challenging to nail down which company or companies were the source of the exposure in a particular case such that they should be assessed damages. Experienced attorneys, such as the asbestos experts at Keefe Bartels in Shrewsbury, New Jersey, have the knowledge and skill to narrow the field and name the appropriate parties in a lawsuit so that justice can be done.
Zeroing in on Asbestos Manufacturers
Often when a victim of Mesothelioma brings a lawsuit against asbestos manufacturers, the complaint will name as many as thirty or forty defendants because any of them could potentially be liable. In order to narrow the field, plaintiffs' lawyers may show their clients photographs of various asbestos products manufactured during the relevant time period, asking them if any of the items look familiar. The plaintiffs' work history can also provide clues as to which asbestos products they were exposed to, and thus as to the relevant manufacturers. Former co-workers and employers can also provide valuable leads that help determine which products were used at the jobsites where the plaintiffs worked.
Although interviews with clients and their employers and co-workers may provide the initial leads to the source of contamination, the discovery process ferrets out additional information that is essential to proving the source of a particular plaintiff's injuries. The discovery process involves gathering all relevant documents, submitting questionnaires called interrogatories to the defendants named in the complaint, and taking the sworn testimony of interested parties and other knowledgeable witnesses through depositions. The gathering of all of this information aids the plaintiffs' lawyers in proving how and when their clients were exposed to asbestos products, such that the source of those products can be identified and held accountable.
Some defendants will acknowledge responsibility on the basis of the information gathered through the discovery process and will offer to settle before going to trial. For those cases that do not settle, further factual determinations will be made in court. In the trial of a Mesothelioma lawsuit, the plaintiff is responsible for proving those allegations in the complaint as well as narrowing in on the particular defendant manufacturer of the asbestos products that caused his or her injuries.
Proof at trial can be in the form of witness testimony or documentation. Both lay witnesses, such as the plaintiff and his or her former employer and coworkers, and expert witnesses can provide valuable proof. Expert witnesses can establish that particular manufacturers made and distributed products used in a certain industry at a given time, and that these asbestos manufacturers knew of the dangers of their products at the time they manufactured and distributed them. Written documentation, too, such as internal memos and company records, can establish that the defendants made the dangerous products at issue and knew the dangers of asbestos at the time they manufactured and distributed those products.
Research has shown that the asbestos industry was aware of the potential dangers from its products for many years but failed to warn employers and employees of the risks. Although you may not know which manufacturer is responsible for making the products that led to your Mesothelioma, an experienced asbestos-litigation attorney has the knowledge, skill, and experience to zero in on the responsible parties.
For more information or to speak with an experienced Newark, New Jersey asbestos and mesothelioma lawyer, contact Keefe Bartels.