15 Latest Trends And Trends In Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique, but the general procedure for defending against such claims is the same. Your attorney will want to interview the plaintiff.

The exposure of a person to asbestos can be triggered by many places, not just an employer or a company. This is why asbestos cases usually involve multiple defendants.

Identifying the source of exposure

To file an asbestos claim, it is important to identify asbestos exposure. Often, the attorneys of victims may use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies liable for asbestos exposure.

Mesothelioma sufferers and their families are entitled to compensation to cover expensive mesothelioma-related treatment. Compensation can help families cope with a mesothelioma diagnoses.

Asbestos lawsuits are complicated legal proceedings, and the victims must be aware of their rights and how the process works. While attorneys are able to handle many aspects of a case, they are expected to be involved in the case. This includes responding to discovery requests and attending depositions.

It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is important to consult an experienced asbestos lawyer whenever you can. Failing to file an asbestos claim within the proper time frame could result in the loss on financial compensation.

In some instances, victims have been exposed to asbestos-containing products produced by multiple companies. In these cases, the victims' attorneys may need to identify the manufacturer of each product, as well as the employers or contractors who provided the asbestos-containing materials.

Asbestos lawsuits are the longest-running mass tort in American history. It's the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue to dispute evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making an Database

A lawsuit involving asbestos-related diseases or mesothelioma is different than a typical personal injury claim. In many cases asbestos litigation, there are a lot of the same defendants (companies that are sued), many of the same law firms representing plaintiffs and many of the same expert witnesses.

To develop a successful asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This includes reviewing the job site, talking to coworkers and getting documents from suppliers and employers. The process also involves finding and interviewing nurses and doctors who are able to testify about asbestos exposure.

Developing this type of database can be a challenge, especially in cases where the data was deleted or lost over time. In these instances it could be necessary to reconstruct the entire insurance program and claims database, making use of multiple sources, including loss runs, claim files internal system, as well as defense counsel records. This can take many years or even years to complete.

Asbestos lawyers also need access to a software that allows them locate potential exposure sites and identify potential defendants. The information that is available to attorneys can save time and money.

Following the massive bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to name in their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and suits that name less than 100 defendants is not common.

Identifying Defendants

Most asbestos cases are founded on factual evidence that is discovered. Many asbestos companies resisted for years that their products could cause harm to people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can assist plaintiffs establish that certain defendants products were responsible for their injuries. In order to win a lawsuit a plaintiff has to demonstrate that the defendant's products were used in the workplace, that he inhaled dust from the product, and that the exposure was a major factor in his injuries.

Asbestos cases usually involve several defendants. The method of identifying them is different from a personal injury case. By interviewing family and coworkers members, looking over invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's workplace and home it is possible to build an online database that links employers locations, workplaces, and products. It is also a good way to identify defendants if one knows the kind of asbestos, such as amosite or chrysotile.

The defendants must take the time to review these facts and identify the possible sources of exposure, which may require a examination of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because of the long time lag of asbestos attorneys-related injuries, it is difficult and expensive to establish an accurate database.

Due to the huge number of cases and limited resources of many defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to share resources, and avoid duplication of discovery.

The process of creating a case

Asbestos lawsuits require extensive research and the examination of numerous documents. This can be a particularly difficult task because asbestos exposure can occur years before the victim becomes ill. To pinpoint the source of asbestos exposure, lawyers must conduct an interview and review thousands pages of documentation including union and employment records as well as tax files, social security records, medical and lab reports.

The plaintiffs' lawyers also must do their best to locate additional defendants. In certain instances, there could be as high as 40 defendants. To do this, they have to look down the supply chain to investigate companies that might have a link to asbestos, but are not included in the lawsuit.

This process is often very time consuming, especially when a claimant is suffering from mesothelioma or other serious diseases. In addition, it is often difficult to find witnesses and to obtain physical evidence.

A mesothelioma lawyer will identify the identity of all defendants who could be implicated, and their connection to victim's exposure. This can involve a thorough review over the past 40 years of a victim's life, including interviews and a look at their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy requires a lot of knowledge of this complicated area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since the time of our establishment back in 1994. We are the experts in the nation's defense of companies involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide variety of defendants, including distributors, manufacturers, and contractors. We have extensive experience in formulating and drafting crucial defenses such as expert testimony and jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must meticulously prepare their cases for trial to ensure that their clients' arguments and evidence are as strong as they could be. This involves reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the case. This process can take years long in complex cases.

Before developing mesothelioma, many asbestos victims develop a lesser disease like asbestosis, and pleural plaque. Asbestosis can cause chest pain, coughing and breathing difficulties.

Asbestos victims' lawyers must also carefully review the evidence to identify any potential defendants that could be held liable for the asbestos injuries. This involves interviewing co-workers, family members, abatement workers, asbestos manufacturers and obtaining a variety of documents.

After identifying a potential defendant An attorney must determine the responsibility of the defendant. The defendants could be businesses, individuals or government agencies. They are accountable for their wrongful actions.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. The efforts have not been successful due to a range of complicated political issues. Asbestos victims, their lawyers and the government are committed to holding negligent asbestos firms accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. Our attorneys have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts where cases are assigned by judges with experience in asbestos-related matters.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members network and discuss legal issues and strategies on the group's plaintiff-only list server during the annual and winter conventions, as well as in seminars for education on asbestos litigation.