Why Are Asbestos Cases so Complex?
As most followers of this blog already probably realize, asbestos lawsuits are complex in a number of ways. They typically involve a number of defendants, each of whom may be brought into a case on different theories of
liability as discovery progresses. Then, discovery process grows expensive, especially as expert witnesses are almost always required.
A typical claimant is often exposed to multiple asbestos products. Thus, often it’s difficult to demonstrate the nexus between a defendant and the source of exposure. Taken together, these characteristics of the claims suggest that asbestos lawsuits are unusually difficult to resolve.
Attorneys who specialize in asbestos injury practices have, over time, obtained the requisite knowledge and experience to succeed with such cases. They have learned to develop specific plans that include the usual hurdles in this increasingly specialized area of litigation. In an asbestos injury case, a plaintiff may name anywhere from a handful to a hundreds of entities as defendants. Suing dozens of defendants can predictably result in a large number of cross claims and somewhat redundant pleadings from various parties at the discovery process. An attorney involved in an asbestos claim will usually have to sort through a maze of parties to determine who may be without liability. Such cases are not only time consuming for plaintiffs and defense counsel, but also for the court.