Asbestos Litigation

Each asbestos case is unique however the general procedure to defend against such claims is the same. Your lawyer will ask you to take a deposition of the plaintiff.

The source of asbestos exposure could be many, not just one employer or business. This is why asbestos cases typically involve multiple defendants.

Find out the source of exposure

To file an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, attorneys representing victims can work with medical documents to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to pay for the cost of expensive treatment. Compensation can assist families in dealing with emotional stress with a mesothelioma diagnoses.

Asbestos cases are complex legal issues. Victims need to know their rights and the process. Attorneys are able to handle many aspects of a case they are expected to participate in the proceedings. This includes responding quickly to discovery requests and participating in depositions in court.

Remember that the statutes of limitations are restricted in New York, and you should consult an asbestos attorney as soon as you can. If you do not file your claim within the prescribed time frame, you could lose out on financial compensation.

In some cases, asbestos products made by multiple companies have been used to expose victims. In these cases, the victims lawyers might need to identify the manufacturer of each product, in addition to the contractors or employers who supplied asbestos-containing materials.

Asbestos litigation has been the longest-running mass tort of American history. It's responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds to pay compensation to asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos attorney exposure to mesothelioma and lung cancer. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing the Database

A case involving asbestos attorney-related diseases or mesothelioma is distinct from a typical personal injury lawsuit. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and same expert witnesses.

To build a strong asbestos defense, attorneys need to have access to an extensive database that can identify possible exposure sources. This includes reviewing the job site, talking to coworkers and getting documents from suppliers and employers. This involves locating and interviewing doctors or nurses who might be able to testify regarding asbestos exposure.

Developing this type of database can be a challenge particularly when the data has been deleted or lost over time. In these instances, it may be necessary to recreate an entire insurance program and claims database using multiple sources including loss runs, claim files, internal system and defense counsel records. This could take a number of years or even decades to complete.

Asbestos lawyers should also have access to a software that allows them to find potential exposure sites and identify potential defendants. Having this information available to attorneys can help save time and money.

Following the bankruptcy of a number of asbestos producers, plaintiffs' attorneys looked for new defendants for their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the volume is paramount and suits that name fewer than 100 defendants are not common.

Identifying the defendants

The truthful basis of asbestos lawsuits is often established through discovery. Many asbestos companies resisted for years that their products could cause harm to people, but after lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can help plaintiffs establish that certain defendants products caused their injuries. To prevail in a lawsuit, a plaintiff has to prove that the defendant's products were used at his workplace, and that he inhaled dust from the product, and that exposure to the product was a major reason for his injuries.

Asbestos cases typically involve multiple defendants. The process of identifying them is different from a personal injury lawsuit. The most important thing is to create a database linking employers locations, products and locations through interviews with co-workers and relatives as well as reviewing invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's home as well as employment sites. The type of asbestos involved - amosite, chrysotile or Crocidolite - could be helpful in identifying defendants because each product is made by an individual manufacturer.

Defendants must carefully review the facts and determine any potential sources of exposure, which can involve a review of more than forty years of a worker's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is long, creating an accurate database is a lengthy and costly research.

Due to the huge number of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants the opportunity to pool resources and to avoid duplication of discovery.

The process of creating a case

Asbestos lawsuits involve extensive investigation and the review of many documents. This can be a difficult task, since asbestos exposure can occur years before the person who suffers from illness. To identify the source of asbestos exposure, lawyers must conduct interview and carefully review thousands pages of documentation including employment records and union documents, tax files and social security files and medical and lab reports.

The plaintiffs' attorneys must also do everything they can to identify other defendants. In many cases, the number of defendants could be as high as 30 or 40. To achieve this, they need to look down the supply chain to investigate entities that may have a connection with asbestos but who are not included in the lawsuit.

This process is long, particularly when the plaintiff suffers from mesothelioma or any other serious illness. In addition, it can be often difficult to find witnesses and to obtain physical evidence.

A mesothelioma attorney will work to identify all defendants and their connections to the victim's exposure. This could require a thorough review 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 attorneys 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 in 1994 and are national leaders in defending companies involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive experience in creating and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they could be. This includes reviewing medical records and prepping all witnesses. It is also about identifying the exhibits that will be used during the trial. This process can take several years in the case of complex 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' lawyers must also scrutinize the evidence to find potential defendants who could be held accountable for the asbestos injuries. This involves interviewing co-workers and family members, asbestos attorneys asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

After an attorney has identified a potential defendant, they must then determine the liability of the party. The defendants can be businesses, individuals or government agencies. They must be held responsible for their wrongful actions.

Congress has enacted a number of legislative solutions to end asbestos lawsuits. However, these efforts have not been successful due to a number of complicated political motives. Asbestos victims as well as their lawyers and the government are committed to holding negligent asbestos companies accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. Our attorneys have held insurance companies, and other responsible parties accountable for their role in asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts in which cases are assigned to judges who are familiar with asbestos-related issues.

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