Even though numbers are often thrown around, accurateasbestos-related claim statistics are not always easy to obtain.One solution for curious minds has been to attend the annualNational Asbestos Litigation Conference that takes place each fall,where discussion revolves around settlement strategies and types of exposure.

Additionally, New Jersey-based PACE Claims Services, conferencesponsor, has carefully researched trends associated withasbestos-related claims and taken a look at where things may beheaded. Within the last 5 years, PACE notes that the filing ofasbestos-related claims has been approaching a plateau. Prior tothat, it was all about the volume of claims, because more claimsmeant more money.

“There were huge increases in filings from screenings and otherefforts that would identify a large number of people,” explainedPACE Managing Director James Tanella.“Screenings would be set up atshipyards and other locations where workers may have hadexposure.”

The numbers that do exist prove it. According to theInsurance Information Institute (I.I.I.), the firstasbestos-related lawsuit was filed in Texas in 1966. Through theend of the 1970s, about 950 cases were filed. Then, from 1980 to1984, approximately 10,000 cases were filed, and some 37,000 casespopped up between 1985 and 1989. The numbers began to drop in the1990s, picking up slightly at the end of the decade and essentiallyleveling off.

Now, claims involving mesothelioma have become the core oflitigation related to asbestos exposure. The volume of claims issmaller, but the severity has increased. Though PACE says it hasthe precise numbers, they are kept behind closed doors as researchcontinues.

The Time Frame

Because so much money can be involved in just one case, it issometimes a better decision for a particular company to choose tosettle rather than let the courts decide. This push/pull decision,Tanella explained, is more of a “cash flow game.” Because so manycompanies have gone bankrupt as a result of these lawsuits, it is atricky situation for those that are still involved.

Regardless, if a lawyer approaches a company with the statement,“Your product was at a job site where my client worked, and myclient is now sick as a result,” then the defendant will have someexplaining to do.

Many of the defendants are now spending much more money on thesecases than ever before. Although each situation is unique, Tanellaexplained that the culprits cannot afford to ignore theseissues.

The Bad Seeds

Unfortunately, fraudsters attempt to take advantage of thesystem just as they do with countless other types of claims.Tanella said that any given individual may have worked for avariety of employers throughout his or her lifetime and could claimto have come in contact with various products that have made him orher sick over time. However, investigations reveal that theseclaims may be far from the truth.

Tanella said it is it is not unheard of for defendants to hireprivate investigators who can verify if a client has filedasbestos-related claims elsewhere. Additionally, he explained thatPACE has created an Asbestos Litigation Database (ALD), whichcontains nearly every asbestos and bodily injury complaint filed inthe U.S., with detailed notes regarding the lawsuit, the entitiesnamed as defendants, the claimant's biographical information, andspecifics surrounding the injury and exposure.

This type of information is crucial in detecting fraud,especially in such serious matters. Though we may never knowexactly how many people have suffered from asbestos exposure, wecan hope that the number eventually drops to zero.

For more information about the 14th Annual National AsbestosLitigation Conference, visit www.litigationconferences.com.The event takes place Oct. 3-4 at the Ritz-Carlton in AmeliaIsland, Fla.