Madison, Wisconsin - Opponents of a
proposed Wisconsin bill say that if the legislation passes, lawsuits for
asbestos and other injury victims could be drawn out until the victim
dies, a situation that angers many in a state where diseases like
asbestos-caused mesothelioma are still on the rise.
According to an article in the Capital Times of Madison, Wisconsin, the proposed bill, introduced by State Rep. Andre Jacque, R-DePere, will supposedly prevent attorneys from “double-dipping” on jury awards. Trial lawyers say, however, that it’s just a way to delay cases, possibly for years.
“It basically addresses the fact that you have trial attorneys, plaintiffs’ counsel, that in zealously advocating for their clients are trying to seek additional awards beyond what fair compensation might be, as a result, in some cases depleting trust funds that should be available to compensate other victims,” said Jacque in a statement to the press.
That’s far from the truth, says the Wisconsin Association for Justice (WAJ), an organization made up of many of the state’s trial lawyers. They replied to Jacque’s statement with one of their own, explaining their feelings about AB-19.
“The requirements of AB-19 will essentially create so many hurdles that many of the asbestos victims will die before discovery ensues and their testimony is preserved,” said the WAJ. “It is exceedingly difficult to gather evidence from 30-50 years ago and make a case if you have no testimony from the person who actually was exposed to asbestos.”
The bill, which doesn’t actually mention the word “asbestos”, will have the biggest impact on mesothelioma victims, lawyers say. If it passes, plaintiffs will be required to disclose whether they intend to later file a claim against a personal injury trust. If that’s the case, the court will be made to stay court proceedings in the case until the plaintiff produces evidence to support the claim.
Jacque’s bill is similar to an Ohio bill that was passed in 2012, supposedly designed to prevent attorneys from winning damages from a personal injury trust and from a solvent company as well. But one Wisconsin attorney points out that it will surely have negative effects on suffering plaintiffs. She cites the story of a Wisconsin power plant employee, a victim of mesothelioma, who died between his two depositions.
“Most people know what they worked with,” she says. “And once they die, you’re relying on someone who may have worked with them one day a week, or saw them in passing. A person is their own best witness, and if they pass away before their testimony is preserved, that substantially reduces the value of the case. Not only that, the witnesses are always in their 70s and 80s, so anytime you put a year delay on something, anyone can pass away.
According to an article in the Capital Times of Madison, Wisconsin, the proposed bill, introduced by State Rep. Andre Jacque, R-DePere, will supposedly prevent attorneys from “double-dipping” on jury awards. Trial lawyers say, however, that it’s just a way to delay cases, possibly for years.
“It basically addresses the fact that you have trial attorneys, plaintiffs’ counsel, that in zealously advocating for their clients are trying to seek additional awards beyond what fair compensation might be, as a result, in some cases depleting trust funds that should be available to compensate other victims,” said Jacque in a statement to the press.
That’s far from the truth, says the Wisconsin Association for Justice (WAJ), an organization made up of many of the state’s trial lawyers. They replied to Jacque’s statement with one of their own, explaining their feelings about AB-19.
“The requirements of AB-19 will essentially create so many hurdles that many of the asbestos victims will die before discovery ensues and their testimony is preserved,” said the WAJ. “It is exceedingly difficult to gather evidence from 30-50 years ago and make a case if you have no testimony from the person who actually was exposed to asbestos.”
The bill, which doesn’t actually mention the word “asbestos”, will have the biggest impact on mesothelioma victims, lawyers say. If it passes, plaintiffs will be required to disclose whether they intend to later file a claim against a personal injury trust. If that’s the case, the court will be made to stay court proceedings in the case until the plaintiff produces evidence to support the claim.
Jacque’s bill is similar to an Ohio bill that was passed in 2012, supposedly designed to prevent attorneys from winning damages from a personal injury trust and from a solvent company as well. But one Wisconsin attorney points out that it will surely have negative effects on suffering plaintiffs. She cites the story of a Wisconsin power plant employee, a victim of mesothelioma, who died between his two depositions.
“Most people know what they worked with,” she says. “And once they die, you’re relying on someone who may have worked with them one day a week, or saw them in passing. A person is their own best witness, and if they pass away before their testimony is preserved, that substantially reduces the value of the case. Not only that, the witnesses are always in their 70s and 80s, so anytime you put a year delay on something, anyone can pass away.
