Asbestos Litigation

Each asbestos case is different however, the general procedure for defending such claims is the same. Your attorney will want you to conduct a deposition of the plaintiff.

A person's exposure to asbestos can come from numerous sources, not only a single employer or company. This is why asbestos cases usually involve multiple defendants.

Identifying the source of exposure

In order to submit an asbestos claim it is important to identify asbestos exposure. Often, victims' attorneys can use medical documents to determine the source of asbestos. This can assist victims in obtaining compensation from companies accountable for asbestos exposure.

Mesothelioma patients and their families need compensation to cover the cost of mesothelioma treatment. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.

Asbestos lawsuits can be a complicated legal cases, and victims need to understand their rights and how the process works. While attorneys are able to handle a variety of aspects of a case, they are expected to be involved in the proceedings. This includes responding to requests for discovery and taking depositions.

Remember that the statutes of limitations are restricted in New York, and you should seek advice from an asbestos lawyer as soon a possible. Failure to file an asbestos claim within the required timeframe could result in the loss on financial compensation.

In some cases victims have been exposed to asbestos-containing products made by several companies. In these instances, victims lawyers may be required to identify the companies that made each product, in addition to the contractors or employers who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies have created trust funds to compensate asbestos victims. However, asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is despite research by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating a Database

A case involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies that are sued), many of the same law firms that represent plaintiffs and many of the same expert witnesses.

To be able to build a successful asbestos defense, lawyers need to be able to access a large database that can pinpoint potential exposure sources. This includes examining the job site, interviewing coworkers and obtaining documents from employers and suppliers. The process also requires tracking down and interviewing nurses and doctors who are able to testify about asbestos exposure.

This kind of database can be difficult to create, particularly if the data has been lost over time. When this occurs, it can necessitate the reconstruction of a complete claims database and insurance program, often from multiple sources such as loss runs and claim files, internal systems, and defense counsel records. It can take years, or even decades, to complete.

Asbestos attorneys should also access to a software that permits them to identify potential defendants and potential exposure sites. Attorneys can save time and money by having this information at their fingertips.

Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and suits that name fewer than 100 defendants are a rarity.

Identifying the Defendants

Often, asbestos lawsuits are based on factual evidence that is discovered. Many asbestos companies denied for many years that their products could cause harm to people, but once the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that particular products of the defendant caused injuries. To win a case the plaintiff must show that the defendant's product was in use at his workplace and that the worker was exposed to it inhaling dust, and that the exposure to the dust was a major factor in his injuries.

Because asbestos cases have multiple defendants, the method of identifying defendants is different from an ordinary personal injury case. The key is to build an information database that links employers locations, products and locations by interviewing co-workers and relatives, reviewing work orders and invoices and obtaining documents from suppliers and vendors, and analyzing samples from the plaintiff's residence and employment sites. The type of asbestos involved - amosite, chrysotile or Crocidolite - could be helpful in identifying defendants as each product is produced by a different manufacturer.

The defendants must take the time to review these facts and identify any potential sources of exposure. This could involve a thorough review of more than forty years of a person's life through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it is difficult and costly to create an accurate database.

Due to the high volume of asbestos lawsuit [Mystrikingly said in a blog post] cases and the insufficient resources of defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This gives defendants the opportunity to share resources, and also avoid duplicate discovery.

Case Development

Asbestos lawsuits require extensive investigation and the review of numerous documents. This can be particularly difficult because exposure to asbestos lawyer typically occurred long before the victim developed a health issue. To identify the source of asbestos exposure, attorneys must conduct an interview and review thousands pages of documentation, such as union and employment records as well as tax files, social security files, lab and medical reports.

The plaintiffs' attorneys must do all they can to identify other defendants. In certain cases, there could be as high as 40 defendants. To accomplish this, they must examine the supply chain to investigate entities that may have a link to asbestos, but aren't mentioned in the lawsuit.

This process can be extremely time-consuming, especially if the claimant has mesothelioma, or other serious illnesses. In addition, it can be often difficult to find witnesses and get physical evidence.

A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their connection to the victim's exposure. This may be accomplished by a thorough analysis of over 40 years of the victim's life via interviews and a review of their social security, union, and tax records.

A successful asbestos litigation strategy is dependent on years of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception in 1994 and are national leaders in defending firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive expertise in developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must meticulously prepare their cases prior to trial so that their clients are able to present the strongest arguments and evidence possible. This involves reviewing medical records and prepping all witnesses. It is also about identifying the exhibits that will be used in the trial. The process can take lengthy in cases that are complex.

Many asbestos victims have a less severe illness such as asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis can cause chest pain, coughing, and breathing difficulties.

Attorneys for asbestos victims must also carefully look over the evidence to identify potential defendants that might be accountable for the asbestos injuries. This involves interviewing coworkers, family asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, in addition to gathering various documents.

Once a defendant has been identified An attorney must determine the responsibility of this party. The defendants could be individuals, companies or government agencies. They are accountable for their actions.

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. However, these initiatives have not been successful due to a number of complicated political motives. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the country. Our lawyers have held insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts where cases are supervised by judges with experience in asbestos-related matters.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at winter and annual conventions.