10 Times You'll Have To Be Aware Of Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique however the general procedure for defending against claims based on asbestos is the same. Your lawyer will ask you to conduct a deposition of the plaintiff.

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

Identifying the source of exposure

Identifying asbestos exposure is an important step to file an asbestos attorneys claim. Lawyers representing victims typically use medical records to determine the source of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure.

Compensation is needed by mesothelioma patients and their families to pay for the cost of costly treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma being diagnosed.

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

Remember that the statutes of limitations are limited in New York, and you should consult an asbestos attorney as soon a possible. If you do not submit your claim within the stipulated time frame you could be unable to collect on financial compensation.

In a few instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, lawyers representing the victims be required to identify all asbestos-containing products, and the employers and contractors who supplied the materials.

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies have created trust funds to compensate asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Making a Database

A case involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury case. In many asbestos litigation cases, plaintiffs are represented by the same law firms as well as the same expert witnesses.

To build a strong asbestos defense, lawyers need to have access to a vast database that will help them identify potential exposure sources. This includes reviewing the work site, speaking with coworkers and obtaining documents from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able testify regarding asbestos exposure.

The creation of this type of database can be a challenge particularly in situations where the data was deleted or lost over time. In these instances it could be necessary to rebuild a complete insurance program and claims database, making use of multiple sources, like loss runs, claim files, internal system and defense counsel records. It can take a long time or even decades to complete.

Asbestos attorneys must also have access to a software that lets them identify potential defendants and potential exposure sites. Lawyers can save time and money by having this information available to them.

After the bankruptcy of many asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and suits naming fewer than 100 defendants are rare.

Identifying defendants

The majority of asbestos cases are based by factual evidence that's later discovered. Asbestos companies have denied for a number of years that their products could cause harm, but when lawsuits started, documents from the company provided evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant products caused their injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was utilized at his work site, that the worker was exposed to it inhaling dust and that the exposure to the dust was a major cause of his injuries.

Asbestos cases usually involve multiple defendants. The method of identifying them is different from a personal injury lawsuit. By interviewing coworkers and family members, examining invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos lawyer samples from the plaintiff's workplace as well as home it is possible to build an information database that connects employers locations, workplaces, and products. It is also a good way to identify defendants if you know the type of asbestos such as chrysotile or amosite.

The defendants must be attentive to these facts and identify all possible sources of exposure. This can involve a examination of more than 40 years of a worker's existence through Social Security, union, tax and other documents. Because the time between asbestos injuries is so long, the creation of an accurate database is a lengthy and costly investigation.

Due to the sheer number of cases and the limited resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent the duplication of discovery.

Case Development

Asbestos lawsuits require extensive research and the examination of numerous documents. This can be a challenge since exposure to asbestos often occurred years before a victim developed a health issue. To identify the sources of the exposure, lawyers must conduct interviews and carefully go through thousands of pages of documentation including the employment records, union documents, social security and tax files and medical and laboratory reports.

The lawyers representing the plaintiffs must also do everything they can to find other defendants. In certain instances, there could be as high as 40 defendants. To do so they must go further down the supply chain and investigate entities with a possible nexus to asbestos, even if they haven't been named in the lawsuit.

This process can be extremely time consuming, especially when the claimant suffers from mesothelioma, or other serious illnesses. It can be difficult to find witnesses and to gather evidence.

A mesothelioma lawyer will attempt to identify all defendants and their connection to the victim's exposure. This could require a thorough examination of more than 40 years of the victim's life via interviews and a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy requires extensive experience in this complex area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment at the beginning of 1994. We are also national leaders in defending businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants including product manufacturers, suppliers, distributors and contractors. We have extensive experience in developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must meticulously prepare their cases ahead of trial so that their clients can present the strongest arguments and evidence possible. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying exhibits that will be used during the trial. This process can take lengthy in cases that are complex.

Many asbestos sufferers have a less severe illness such as asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis can cause chest pain, coughing and breathing difficulties.

Asbestos victims' lawyers must also carefully review the evidence to find potential defendants that could be held accountable for asbestos-related injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, as well as gathering various documents.

Once a defendant has been identified An attorney must determine the liability of this party. The defendants can be businesses, individuals or government agencies. They are held accountable for their negligent acts.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. The efforts have not been successful due to a variety of complex political factors. Asbestos victims and their lawyers are determined to hold negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is an attorney firm that has handled hundreds of cases in New York State and across the country. Our lawyers have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts where cases are assigned to judges that are experienced with asbestos matters.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members interact and discuss legal issues and strategies on the Group's plaintiff-only list server at the annual and winter conventions, and participate in educational seminars on asbestos litigation.