Asbestos Litigation

Each asbestos case is different however, the general procedure for defending such claims is similar. Your attorney will want you to take depositions of the plaintiff.

The cause of asbestos exposure can be numerous, not only one employer or company. This is the reason asbestos cases usually involve multiple defendants.

Identifying the source of exposure

In order to file an asbestos claim, it is essential to determine the source of asbestos exposure. Attorneys for victims can often use medical records to determine asbestos' source. This can assist victims in obtaining compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma sufferers and their families are entitled to compensation to cover expensive mesothelioma treatments. Compensation can also help families cope with the emotional burden of mesothelioma being diagnosed.

Asbestos cases are complex legal issues. Victims must be aware of their rights and procedures. While attorneys can handle a lot of aspects of a case, the victims are expected to be involved in their own case. This includes responding to requests for discovery and attending depositions.

Be aware that the statutes are restricted in New York, and you should consult an asbestos attorney as soon a possible. If you don't submit your claim within the specified time frame you could be unable to collect on financial compensation.

In a few instances asbestos-containing products produced by multiple companies have been used to expose victims. In such cases, the lawyers representing the victims will have to determine the source of all asbestos-containing products, as well the companies and contractors that supplied the materials.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for numerous bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. But asbestos defendants continue to dispute evidence linking asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making an Database

A lawsuit involving asbestos-related illnesses or mesothelioma is different than a typical personal injury case. In many asbestos litigation cases, plaintiffs are represented by same law firms and same expert witnesses.

In order to develop a strong defense in an asbestos lawyer-related case, attorneys must have access to a comprehensive database that can pinpoint possible sources of exposure. This includes examining the work site, speaking with coworkers and obtaining documents from employers and suppliers. This involves finding and interviewing nurses or doctors who may be able testify regarding asbestos exposure.

This kind of database is difficult to develop, especially when the data has been lost over time. If this happens, it can require the reconstruction of an entire claims database and insurance program, typically from multiple sources such as loss runs, claim files, internal systems and defense counsel records. This can take years, or years, to complete.

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

After the collapse of several asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and suits naming less than 100 defendants is rare.

Identifying the defendants

Often, asbestos cases are based by factual evidence that's later discovered. Asbestos companies denied for many years that their products could cause harm, but when lawsuits began, documents from the company provided evidence of the dangers. These documents can help 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 and that they were exposed to it through inhalation of dust and that the exposure was a significant reason for his injuries.

Because asbestos cases have multiple defendants, the process of identifying defendants is different from an ordinary personal injury case. The most important thing is to create an information database that links employers locations, products and locations by interviewing co-workers and relatives as well as reviewing invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's home and work websites. It is also possible to identify defendants if you know the type of asbestos such as amosite or chrysotile.

The defendants must be attentive to the facts and determine the possible sources of exposure, which could involve a thorough review of more than forty years of a worker's life through Social Security, union, tax and other documents. Because the time between asbestos-related injuries is long, creating an accurate database requires extensive and costly investigation.

Due to the sheer 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 to share resources and prevent duplicate discovery.

Developing a Case

Asbestos suits require extensive study and examination of a variety of documents. This can be particularly challenging since exposure to asbestos often was a long time before the victim became sick. In order to identify the sources of the exposure, lawyers must conduct interviews and carefully look over hundreds of pages of documentation like union documents, employment records as well as social security and tax records and medical and laboratory reports.

The lawyers representing the plaintiffs must do their best to locate additional defendants. In many cases, the number of defendants could be as high as 30 or 40. To achieve this, they must investigate the supply chain to find entities that may have a link to asbestos, but aren't mentioned in the lawsuit.

This process is often very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma or other serious diseases. It is also difficult to find witnesses and gather physical evidence.

An attorney for mesothelioma will try to identify all defendants and the connection to the victim's exposure. This can include a thorough examination of the last 40 years of the victim's life, which may include interviews as well as a review of their social security, labor, union and tax records.

A successful asbestos lawyer litigation strategy requires a lot of experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos lawsuits litigation since the time of our establishment back in 1994. We are the national leaders in defending companies involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel in representing and managing the interests of many 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.

Prepare for the trial

Lawyers must be careful in preparing their cases prior to trial to ensure that their clients' arguments and evidence are the strongest they can be. This involves reviewing medical records and preparing all witnesses. It also involves identifying the exhibits that will be used at the trial. This can take a lot of time in cases that are complex.

Many asbestos victims develop a less severe disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's onset. Asbestosis symptoms include tightening of the lungs which could cause breathing problems, coughing and chest pain.

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

After identifying a potential defendant an attorney must determine the responsibility of this party. The defendants can be businesses, individuals or government agencies. They must be held accountable for their actions.

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

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the country. Our lawyers have held manufacturers, insurance companies and other responsible entities accountable for their part in 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 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 only for plaintiffs list server, at annual and winter conventions and in educational seminars on asbestos litigation.