The Role of Expert Witnesses in Asbestos Cases

In a nutshell, an expert witness has special knowledge or experience in a particular field or discipline. Frequently, expert witnesses establish cause, or a connection between asbestos fibers and serious illness, in asbestos exposure cases. Oncologists or other such experts usually provide such testimony. Other times, experts testify that a certain place had unsafe asbestos use and handling practices. Industrial hygienists or other such experts usually provide such testimony. 

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If you believe that you were exposed to asbestos, even as a child, speak to a healthcare provider about tests and screening to help diagnose lung-scarring and screen for asbestos-related diseases.

Expert Witnesses and Asbestos Claims

Court cases usually feature fact and expert witnesses. Fact witnesses testify about facts, or what they saw and heard. They aren’t allowed to offer opinions or make conclusions. Expert witnesses didn’t see the asbestos exposure, so they can’t testify about facts. However, because of their knowledge or experience, judges allow them to offer opinions and make conclusions.

When a mesothelioma lawyer selects expert witnesses, these individuals must qualify as experts in that state. Different states have different requirements, as outlined below. But a good expert is not an egghead. A good expert easily relates complex opinions and conclusions to jurors, without lecturing to them or dumbing down the information. So, a good expert, like a good Austin mesothelioma lawyer, is often hard to find.

Using Experts to Prove an Asbestos Exposure Case

Expert witnesses date back as far as ancient Rome. Midwives examined women and determined matters like virginity, virility, and pregnancy. But expert witnesses didn’t testify in court until around 1800. 

Probably not coincidentally, lawyers filed the first asbestos exposure injury cases not long after that. Asbestos exposure cases aren’t car crash cases that rely mostly on physical evidence and fact witnesses. Asbestos exposure cases require an additional dimension. The scientific expert provided that dimension. Once more scientific experts testified in more cases, the Supreme Court standardized the process. More on that below.

The Asbestos Industry’s Failure to Warn and Asbestos Claims

Today, as mentioned above, expert witnesses help build the two biggest pillars in a failure to warn asbestos exposure case: duty, or the industry standard, and cause.

In the restaurant industry, the standard of care requires employees to wash their hands frequently. If employees don’t do so, and someone gets sick, the restaurant might be negligent.

Likewise, asbestos is so dangerous that companies must use certain protective procedures when their workers come into contact with this mineral. These standards vary according to risk of exposure, asbestos volume, facility size, and some other factors. That’s why an Austin mesothelioma lawyer needs an expert to establish the standard of care.

With asbestos claims, proving causation often involves an expert witness testifying.

Cause is a proven asbestos/illness connection. Statistical records aren’t convincing proof in court. Someone, preferably a highly-qualified expert, must take the stand and lay out the connection. This testimony must be strong enough to withstand withering cross-examination from defense lawyers.

Additionally, all expert testimony must be strong enough to counter defense experts. These individuals usually testify that the standard of care is lower and the asbestos exposure/injury connection is mostly speculative.

When all is said and done in a failure to warn case, a victim/plaintiff must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Expert Witness Qualifications

However, we’re getting ahead of ourselves. Before expert witnesses testify, they must meet that state’s minimum legal qualifications. Most states use the Frye or Daubert standard. A few others use a combination of the two.

The Frye Standard for expert witness testimony

For many years, everyone used the standard in the 1923 Supreme Court decision Frye vs. United States. Experts may testify if their methods are generally acceptable in the scientific community. This low standard usually only excludes pseudo-scientists, conspiracy theorists, and Professor Frink types. 

Then, jurors decide if that expert’s testimony is credible. So, even if the expert’s conclusions are shaky, the judge usually lets the expert testify, allowing jurors to decide the matter for themselves.

The Daubert Standard for expert witness testimony

Another Supreme Court decision, 1993’s Daubert vs. Merrell Dow Pharmaceuticals, raised the bar. General acceptance isn’t enough. The expert’s testimony must have a reliable foundation and must closely conform to the scientific method.

Additionally, under Daubert, the judge, not the jury, determines an expert’s credibility. If the expert doesn’t pass muster, the jury never hears the expert’s testimony.

Both methods have their pros and cons. Overall, Frye may open the door a little too much, and Daubert may close the door a little too much.

People who worked in these industries prior the mid-1980s have a higher risk of developing asbestos-related diseases:

Construction	Factories	Foundries	Refineries	Shipyards	Mining / Milling
Demolition	Insulation	Steelworkers	Pipe Fitting	Shipbuilding	Mechanics
Roofing	Textiles	Iron workers	Boilers	Firefighting	Brake Repair
Flooring	Cement	Electricians	Gasket Repair	Railroad	HVAC

Unfortunately so do their families.

Experts During Discovery in Asbestos Claims

Challenges to expert witnesses usually come up during discovery. This process varies, especially in states like Louisiana, which has a very different legal system. These differences make asbestos exposure claims from hot spots like Shreveport especially challenging. 

Nevertheless, here’s how this process usually works, and how it usually involves expert witnesses.

The Discovery process attempts to avoid surprises in lawsuits. Our database helps too.

Basically, the discovery process requires both plaintiffs and defendants to put all their cards face-up on the table. These cards usually include a witness list. “Surprise witnesses” are a staple in courtroom dramas, but they’re extremely rare in the real world.

Experienced asbestos lawyers usually have professional relationships with solid expert witnesses. So, as they build their cases, they know well-credentialed and credible experts who have provided critical testimony in the past.

Even lifelong smokers can collect compensation for asbestos damage.

Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers. This isn’t true under the laws of many states.  Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos.

Even lifelong smokers can collect compensation for asbestos damage.

Many of our clients believed they weren’t eligible to file an asbestos lawsuit because hey were cigarette and cigar smokers. This isn’t true under the laws of many states.  Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos.

The importance of using an experienced asbestos attorney when dealing with an expert witness

Inexperienced lawyers must start from square one. They must reach out to experts who may or may not meet the legal qualifications and provide effective testimony in court. So, the case is more of a crapshoot from the outset.

Most states require experts to examine the facts, including fact witness depositions, and submit reports during discovery. Then, at trial, they expand on these reports, which are also the basis for any defense challenges.

However, only a handful of asbestos exposure and other injury cases are resolved at trial. More on that below.

Second-hand asbestos exposure (Secondary Asbestos Exposure)

Even the workers’ families were affected due to secondhand exposure—asbestos fibers are extremely durable and can cling to skin and clothing, traveling great distances with those directly exposed.

Asbestos fibers have no taste or smell, and can be microscopic, so you may not realize you were breathing them.

Unfortunately, many workers’ families and other household members were exposed to asbestos as well, as asbestos was brought home daily in neighborhoods across the U.S. on work-clothing. 

This is often known as secondary or second-hand asbestos exposure (or domestic / household family asbestos exposure). In studies of asbestos disease, 1 in 5 cases of asbestos exposure were caused by secondary asbestos exposure.3

But spouses and children can also receive a share of the $30 Billion in asbestos trust compensation if they were exposed to asbestos brought into the house or family vehicle by a worker.

Asbestos Lawsuits: Expert Witnesses and the Discovery Process

Frequently, expert witnesses also give deposition testimony during discovery. Testifying during a deposition is like testifying at court, except there’s no judge or jury present. There’s only the Austin mesothelioma lawyer, a defense lawyer, and a court reporter.

Depositions are critical. They often provide ammunition for defense lawyer attacks. These lawyers zero in on minor inconsistencies and other issues to erode the expert’s credibility.

Even lifelong smokers can collect compensation for asbestos damage.

Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers. This isn’t true under the laws of many states.  Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos.

Even lifelong smokers can collect compensation for asbestos damage.

Many of our clients believed they weren’t eligible to file an asbestos lawsuit because hey were cigarette and cigar smokers. This isn’t true under the laws of many states.  Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos.

Resolving an Asbestos Exposure Claim

Most injury claims settle out of court. In fact, many asbestos exposure claims never go to court at all. Victim compensation fund claims are a good example.

As mentioned above, victims filed the first asbestos exposure claims in the 1800s. These claims were sporadic. Asbestos companies, who had a lot to lose if the government stepped in and regulated this substance, covered up widespread asbestos dangers until the 1980s. By then, largely because of the Clean Air Act and other 1970s environmental laws, the jig was up.

Over $30 Billion is still available (No lawsuit. No fees unless you receive money. No risk.) Stake your claim.

Asbestos Bankruptcy Trusts: Asbestos Claim Compensation (without a lawsuit)

Courts ordered asbestos companies to place money in trust to compensate asbestos victims.

During the 1980s, rather than face massive liability lawsuits, many asbestos companies declared bankruptcy. As a condition of those bankruptcies, federal judges forced these companies to establish huge victim compensation funds. Even today, some forty years later, these funds still contain billions of dollars.

Bankruptcy Judges worried many victims wouldn’t know until decades later that they were sick with asbestos diseases.

Asbestos-related diseases have a long latency, meaning it takes decades for the symptoms to appear. If all the money was given out, there would be none left for those who discovered only now that they were sick. 

That’s why a fund administrator, not a judge or jury, decides which claimants are entitled to how much compensation. A court appeal may be possible in some cases.

VCF claims are often the most straightforward asbestos exposure claims. There’s no defense lawyer on the other side. 

Do You Qualify For Compensation?

Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.

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Asbestos Claims: Other Legal Options

Other legal options include:

• VA Disability/Workers’ Compensation:

Service and work-related asbestos exposure was all too common before about 1985. These systems compensate disabled servicemembers and workers in primary exposure cases. 

• Negligent Property Owner: 

Just like companies have a duty to warn about asbestos side-effects, property owners have a duty to provide safe environments. These claims are quite common in secondary asbestos exposure cases.

• Dangerous Product:

Primary and secondary exposure victims may file these claims, at least in most states. We’ve touched on failure to warn claims. Usually, companies are strictly liable for the injuries a design or manufacturing defect causes.

In all these cases, compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.

AsbestosClaims.Law

Asbestos claims aren’t just a day in the office for Justinian C. Lane. 

They’re a mission.

In the past, workers exposed to asbestos were kept in the dark about the dangers of asbestos exposure. Among those workers were Justinian’s grandparents and his own father. 

Unfortunately, they were also kept in the dark about the compensation options available to them, such as asbestos lawsuits and trust funds. In their later years, they died from asbestos-related cancers.  

Because no one in Justinian’s family knew their options, they never received any compensation for the death of their loved ones. 

Today, we’re working to turn the tide. 

Significant compensation may be available to you if you have contracted an asbestos-related illness or injury. This includes workers as well as family members who have been exposed. 

Compensation is your key to receiving the medical treatment you need, funding asbestos removal services, and maintaining your physical well-being. 

Want to know one of the quickest and easiest ways to receive compensation? Let us talk to you about asbestos trust claims. This option can often avoid lawsuits altogether.

We want to hear your story, and more importantly, we want to bring redemption to it. 

Need help filing a claim? No problem, you can email us at [email protected]. 

Would you rather talk over the phone? Simply call or text us, at (206) 455-9190. 

You won’t pay a penny to us unless you receive money first, so there’s no risk. 

In addition to legal claims, veterans disability, social security and employment protection like workers compensation, FELA and The Jones Act for maritime workers, there are asbestos trusts that have been set up to compensate those harmed by asbestos without having to file a lawsuit.

The dangers of asbestos used to be an industry-guarded secret kept from suffering people like Justinian’s family. Not anymore. We’re bringing you the truth.

We’ve created numerous resources to help answer your questions and empower you with the information you need to know and act on. 

Our website has a wealth of information dedicated to things like health and safety, asbestos testing, asbestos removal, and legal information about compensation for asbestos injuries.

Are you a visual learner? No problem! 

Our YouTube page has infographics, an asbestos history series, and other helpful resources for you to check out!

Not sure where or when you were exposed to asbestos?  Let W.A.R.D. help you! The Worldwide Asbestos Research Database (W.A.R.D) is the largest asbestos information database, period.  If you need answers related to specific locations, products, or what type of compensation may be available to you due to asbestos exposure, W.A.R.D. is the place to start.

Working with us is risk-free. Unless you receive compensation money, there are NO FEES! Speak to us about asbestos litigation today.

1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.
3 Tompa E, Kalcevich C, McLeod C, Lebeau M, Song C, McLeod K, et al. The economic burden of lung cancer and mesothelioma due to occupational and para-occupational asbestos exposure.Occup Environ Med 2017; 74: 816-22