Asbestos Litigation

Every asbestos case is different, but the general procedure for defending against such claims is similar. Your lawyer will ask you to conduct an interview with the plaintiff.

The cause of asbestos exposure could be many, not just one company or employer. This is why asbestos cases usually involve multiple defendants.

Determine the source of exposure

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

Mesothelioma patients and their families are entitled to compensation to pay for mesothelioma-related treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal cases, and victims need to know their rights and the way in which the process operates. While attorneys can handle a lot of aspects of a case, victims are expected to participate in their own case. This includes responding to requests for discovery and attending depositions.

It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos lawyer as soon as possible. Failure to file an asbestos claim within the proper timeframe could result in the loss on financial compensation.

In certain instances victims were exposed to asbestos-containing products made by various companies. In these instances, victims lawyers might need to identify the companies that made each product, in addition to the contractors or employers who supplied asbestos-containing materials.

Asbestos lawsuits are the longest-running mass tort of American history. It is responsible for numerous bankruptcy filings from asbestos producers. Many of these companies established trust funds for asbestos victims. However, asbestos defendants continue to contest evidence linking asbestos lawyers exposure to mesothelioma lung cancer or other respiratory diseases. This is despite studies conducted by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Developing the Database

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

To develop a successful asbestos defense, lawyers need to have access to a vast database that can identify possible exposure sources. This includes reviewing job sites, interviewing co-workers and getting documents from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able to testify regarding asbestos exposure.

Making this kind of database can be challenging particularly when the data was deleted or lost over time. In these instances it is possible to reconstruct the entire insurance program and claims database, using multiple sources such as loss runs and claim files internal system and defense counsel records. It could take years, or even decades to complete.

Asbestos lawyers also need access to a software that allows them to locate potential exposure areas and identify potential defendants. The information that is at the fingertips of attorneys can save time and money.

After the mass bankruptcies of many asbestos manufacturers attorneys for plaintiffs sought new defendants to list in their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits naming less than 100 defendants is a rarity.

Identifying defendants

The actual basis of asbestos cases is often established through discovery. Many asbestos companies denied for years that their products could harm people, but after the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can help plaintiffs establish that certain defendants products were responsible for their injuries. To win a case, the plaintiff must show that the defendant's product was utilized at his work site and that the worker was exposed to it through inhalation of dust and that exposure was a significant factor in his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants is different from the typical personal injury case. Through interviews with coworkers and family members, examining invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples taken from the plaintiff's workplace as well as home, it is possible to create an online database that links employers, locations, and products. It can also help to identify defendants if you know the type of asbestos, such as amosite or chrysotile.

Defendants are required to carefully examine these facts and identify all possible exposure sources. This may include a look at more than 40 years of records from the Social Security, tax, union, and other records of a worker. Because the latency of asbestos injuries is so long, establishing an accurate database requires a lot of time and costly discovery.

Due to the huge number of cases and the insufficient resources of defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to share resources, and also avoid duplicate discovery.

Case Development

Asbestos lawsuits require a lot of research and the review of many documents. This can be particularly difficult since exposure to asbestos lawsuit often occurred long before the victim developed a health issue. To identify the sources of the exposure, lawyers must conduct interviews and carefully look over thousands of pages of documentation such as union documents, employment records social security and tax files and medical and laboratory reports.

The plaintiffs' attorneys must also do everything they can to locate other defendants. In certain instances, there could be as high as 40 defendants. To accomplish this they need to look further down the supply chain and research companies that may have a connection to asbestos, even if they haven't been named in the lawsuit.

This process is long, particularly when the plaintiff suffers from mesothelioma or other serious illnesses. It can be difficult to locate witnesses and gather physical evidence.

A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their relationship to victim's exposure. This could involve a thorough review over the last 40 years of a victim's life, which may include interviews as well as a review of their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy requires a wealth of knowledge of this complicated area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our founding at the beginning of 1994. We are also experts in the nation's defense of companies involved in industry-wide, multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad variety of defendants, including product manufacturers, distributors, and contractors. We have a wealth of experience creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must carefully prepare their cases prior to trial to ensure that their clients can present the strongest arguments and evidence possible. This includes reviewing medical records and preparing all witnesses. It also involves identifying exhibits that will be used in the trial. This process can take years in complicated cases.

Before developing mesothelioma, many asbestos patients develop a lesser disease like asbestosis, pleural fibrosis or pleural plaque. Asbestosis can cause chest pain, coughing, and breathing problems.

Asbestos victims' attorneys must also examine the evidence to find potential defendants that could be held liable 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 is identified as a possible defendant An attorney must determine the responsibility of this party. The defendants could be individuals, companies or government agencies. They must be held accountable for their negligent actions.

Congress has enacted a number of legislative solutions to settle asbestos lawsuits. However, these attempts have not been successful due to a variety of political issues. Asbestos victims as well as their lawyers and the government remain determined to hold negligent asbestos companies accountable for their behavior.

Waters Kraus & Paul is an attorney firm that has handled a variety of cases in New York State and across the country. Our attorneys have held insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges that are experienced with asbestos-related issues.

The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's club members. Members interact and discuss legal issues and strategies on the group's plaintiff-only list server during the annual and winter conventions and participate in educational seminars on asbestos litigation.