The Role of Juries in Asbestos Cases: What to Expect
Here in the land of the free and the home of the brave, the jury trial is the key aspect of a civil case. Over 90 percent of the world’s jury trials occur in the United States. Injury victims in most other countries never get a day in court.
True, most asbestos exposure claims and other injury claims settle out of court. But during the settlement process, lawyers on both sides always ask themselves how a jury would react to a claim or defense. That anticipated reaction increases or decreases a claim’s settlement value.
An injury claim’s settlement value is like a home’s asking price. If a home might have foundation problems, the owner might reduce the asking price. Likewise, if during the case preparation process, an asbestos exposure lawyer believes there might be a problem proving causation, the lawyer might ask for a lower settlement.
Building an Asbestos Case
An asbestos exposure case in any legal forum, whether or not a jury trial is a possibility, begins with a current medical diagnosis and a determination of the type of exposure. An asbestos exposure lawyer must prove both items by a preponderance of the evidence (more likely than not).
Current Medical Diagnosis
Mesothelioma, a rare form of heart-lung cancer that’s also very aggressive, is one of the most common asbestos exposure effects. Its rare and aggressive nature complicates the diagnosis process.
Normally, when doctors spot cancerous tumors near lungs, they assume these tumors are NSCLC (non small cell lung cancer). These tumors are, by far, the most common kinds of lung cancer tumors. They often don’t immediately diagnose mesothelioma, usually because these victims have no lifestyle or genetic red flags. Instead, they were exposed to asbestos at work, usually several decades ago. Many victims, and many doctors, cannot connect these dots.
The misdiagnosis causes treatment issues. Cancer survival rates are much higher today than they were in the 1990s. But these treatment advances are only available if doctors get a head start.
By the time doctors spot mesothelioma tumors, they’re usually Stage III tumors. A few months, or even a few weeks, could make a difference between a treatable Stage III tumor and an inoperable Stage IV tumor.
Mesothelioma’s aggressive nature also creates diagnosis issues. Once cancer metastasizes through the body, doctors often cannot determine the source of the cancer. So, instead of pulling up the roots, they snip at the leaves. Anyone who has weeds in their yard knows that’s not a winning strategy.
Type of Asbestos Exposure
For over fifty years, construction companies ignored the health risks of asbestos and stuffed pretty much anything on land, sea, or air full of this fibrous mineral. Admittedly, asbestos is an effective fireproofing material. “Forever chemicals” like PFAS are an effective ingredient in many consumer products. Companies shouldn’t use forever chemicals and they shouldn’t have used asbestos.
Most victims are ambient (direct) exposure victims. They usually came into contact with asbestos at work or during military service. A little exposure is all it takes. A single, microscopic asbestos fiber could cause mesothelioma or another asbestos exposure illness, like pleural thickening, which is a form of heart disease.
Asbestos fibers float, sometimes for seventy-two hours, before they settle. A tiny fiber can cover lots of ground in three days. People who lived or worked near asbestos mines and other hot spots are also at risk for asbestos exposure illnesses. People who lived with asbestos workers face an even greater risk. Asbestos fibers travel on hair, shoes, clothes, and vehicles.
Importance of a good asbestos attorney in proving your case
Since asbestos fibers float aimlessly for so long, nailing down the exposure source in a non-ambient (environmental) exposure claim is tough. So, an asbestos exposure lawyer must obtain the right evidence during discovery, which is an information exchange process.
Actually, it’s more than that. During this part of the trial process, each side has a legal obligation to put all its cars face-up on the table. The availability of discovery could affect the choice of law, as outlined below.
Legal Options for Asbestos Cases
According to the Centers for Disease Control, over 1.3 million Americans were exposed to asbestos, have a serious illness, and don’t know it, because of the aforementioned latency period. Due to the number of victims, jury and non-jury options are available.
Non-Jury Options for Asbestos Claims
The possibility of punitive damages, which are outlined below, drives up the settlement value of a jury case, as outlined above. However, jury trials are risky. Jury reactions are impossible to predict.
Many years ago, one of our colleagues unintentionally cut off a juror in the parking lot. The jury ruled in favor of the plaintiff, but reduced the amount of damages, so in their words, his lawyer wouldn’t be able to buy a new sports car.
Compensation might be lower in non-jury matters, but the outcome is much more predictable. This possibility often makes one of the following options very attractive, especially in ambient exposure matters:
VA Disability: Service-related asbestos exposure usually makes a veteran eligible for monthly cash and free medical care. An Administrative Law Judge, who is much like a constitutional or elected judge, usually decides these cases without a jury.
Workers’ Compensation: Likewise, ALJs usually resolve work-related asbestos exposure cases. Job injury victims are usually entitled to lost wage replacement, medical bill payment, and a few other benefits.
Ambient and non-ambient victims may usually file bankruptcy trust claims. These claims don’t wind their way through the legal system. The good news is that these claims are faster. The bad news is that discovery and a jury trial option are usually unavailable. In legal matters, victims must weigh the pros and cons.
Jury Options in Asbestos Litigation
Most victims can sue negligent property owners and defective product makers in civil courts. These legal actions could involve jury trials.
In most states, property owners have a duty of reasonable care to ensure that invited guests are reasonably safe. This duty includes a responsibility to remove asbestos fibers and other injury hazards.
Furthermore, product manufacturers have a duty to warn consumers about known product hazards or side-effects. Companies that breach (violate) this legal duty are responsible for damages.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Jurors often award additional punitive damages in these cases as well. In mist states, these damages are available if there is clear and convincing evidence that the tortfeasor (negligent actor) intentionally disregarded a known risk.