Asbestos Litigation

Every asbestos case is different however the general procedure for defending against claims based on asbestos is the same. Your lawyer will need to take a deposition of the plaintiff.

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

Determine the source of exposure

To make an asbestos claim, it is essential to determine the source of asbestos exposure. Lawyers representing victims typically use medical records to determine asbestos' source. This could help victims receive compensation from companies accountable for asbestos exposure.

Mesothelioma sufferers and their families are entitled to compensation to pay for mesothelioma treatment. Compensation can help families cope with the mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal proceedings, and the victims need to know their rights and the way in which the process operates. While attorneys can handle a variety of aspects of a case, they are expected to be involved in the process. This includes responding to discovery requests and participating in court depositions.

It is also important 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 required time frame could result in a denial on financial compensation.

In some cases victims have been exposed to asbestos-containing products produced by several companies. In these cases, lawyers representing the victims will be required to identify all asbestos-containing products, and the contractors and employers who supplied the materials.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies have created trust funds to compensate asbestos victims. But asbestos lawyer defendants continue to contest evidence linking asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating an Database

A lawsuit involving mesothelioma or other asbestos-related diseases is different from any typical personal injury lawsuit. In a lot of asbestos lawsuit litigation cases, the plaintiffs are represented by the same law firms as well as the same expert witnesses.

To develop a successful asbestos defense, lawyers need to have access to a vast database that can pinpoint potential exposure sources. This includes examining the job site, talking to coworkers and obtaining documents from employers and suppliers. This process involves locating and interviewing doctors or nurses who might be able to provide evidence regarding asbestos exposure.

This type of database is difficult to build, particularly if the data has been lost over time. If this happens it could require the reconstruction of an entire claims database and insurance program, typically from a variety of sources, including loss runs claims files, internal systems, and defense counsel records. This can take years, or years, to complete.

Asbestos lawyers also need access to a software that allows them locate potential exposure sites and identify potential defendants. Attorneys can cut down on time and money by having this information available to them.

After the bankruptcy of many asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trials where volume reigns supreme and lawsuits that name less than 100 defendants are not common.

Identifying the Defendants

The factual foundation of asbestos cases is often established through discovery. Many asbestos companies denied for decades that their products could harm people, but after lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can help plaintiffs prove that specific defendants' products caused their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was used at his workplace, that the worker was exposed to it inhaling dust and that exposure was a significant cause of his injuries.

Since asbestos cases have multiple defendants, the process of identifying defendants is different from a typical personal injury case. The most important thing is to create an information database that links employers and their locations, as well as products. This is done through interviews with co-workers and relatives as well as reviewing work orders and invoices as well as documents from suppliers and vendors and analyzing samples from the plaintiff's home and work sites. The type of asbestos used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants as each product is produced by a different manufacturer.

Defendants must carefully examine these facts and determine all possible sources of exposure. This can include a review of over 40 years of records from Social Security, tax, union, and other documents of workers. Because the time between asbestos-related injuries is long, creating an accurate database requires extensive and costly investigation.

Because of the large numbers of cases and the limited resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to pool 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 because exposure to asbestos typically occurred years before a victim developed a health issue. To identify the sources of exposure, attorneys need to conduct interviews and look over hundreds of pages of documentation such as employment records, union documents, tax and social security files, and medical and laboratory reports.

The plaintiffs' attorneys must do all they can to locate other defendants. In some cases, there can be as high as 40 defendants. To do so, they must look further down the supply chain and research entities with a possible nexus to asbestos, but have not been named in the lawsuit.

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

A mesothelioma lawyer will establish all potential defendants, and their connection to victim's exposure. This may be accomplished by a thorough analysis of over 40 years of the victim's life via interviews as well as a review of their social security, union, and tax records.

A successful asbestos attorney litigation strategy depends on extensive experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception in 1994 and are national leaders in defending companies involved in industry-wide, multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad array of defendants, which includes product manufacturers, distributors and contractors. We have extensive experience in establishing and developing key defenses such as expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must carefully prepare their cases before trial so that their clients have the strongest arguments and evidence possible. 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 a long time in complex cases.

Before developing mesothelioma, many asbestos victims develop a lesser disease, such as asbestosis or and pleural plaque. Asbestosis can cause chest pain, coughing and difficulty breathing.

Asbestos victims' attorneys must also examine the evidence to find potential defendants that could be held liable for the asbestos injuries. This includes interviewing family members, colleagues, asbestos abatement workers and asbestos manufacturers, and gathering various documents.

After identifying a potential defendant an attorney must determine the legal liability of this party. The defendants could be individuals, companies or governmental organizations. They must be held accountable for their negligent actions.

Congress has enacted a number of legislative solutions to settle asbestos lawsuits - go to the website -. The efforts have not been successful due to a variety of complicated political issues. 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 nation. Our lawyers have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges who are familiar with asbestos issues.

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