Because of the health risks associated with asbestos, there have been strict regulations about its use and exposure. People who have illnesses, such as mesothelioma, due to alleged exposure to asbestos may take legal action against a company.
If you are facing asbestos litigation, there are certain strategies used to defend the allegations.
According to Pursuit Magazine, the plaintiff’s goal is to show that there is an illness associated with exposure to asbestos, and that it is the fault of the defendant. One of the challenges that each side has is that asbestos-related illness often does not show up until decades after initial exposure, so it can be difficult to find evidence and witnesses.
When researching and investigating the claim, creative research is often necessary. This means finding building permits, newspapers, architectural specifications, magazines, obituaries and other records surrounding the alleged date of exposure.
Another part of the research process is to discover potential alternative exposure sites. This may include researching the plaintiff’s residence from the time period and finding a nearby site that contained asbestos.
Delving into the discovery process
One of the first stages when preparing for trial is discovery. The American Bar Association discusses that this is the process when both sides exchange information about what they plan on addressing during the trial.
Once the defense has a list of potential witnesses the plaintiff plans on using, it will often conduct depositions. During these depositions, the defense asks a variety of questions to test the reliability and trustworthiness of the witnesses, which may help to strengthen the defense’s case.