Asbestos Litigation

Each asbestos case is different however the process for defending such claims is similar. Your attorney will want to interview the plaintiff.

A person's exposure to asbestos can come from many places, not just a single employer or company. This is why asbestos cases usually involve multiple defendants.

Determine the source of exposure

In order to make an asbestos claim, it is important to identify asbestos exposure. Often, the attorneys of victims can work with medical records to determine the source of asbestos. This could help victims receive compensation from the companies liable for asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.

Asbestos lawsuits can be a complicated legal proceedings, and the victims must be aware of their rights and how the process works. Attorneys are able to handle a variety of aspects of a case they are expected to participate in the process. This includes responding to discovery requests and attending depositions.

Remember that the statutes of limitations are restricted in New York, and you must consult an asbestos attorney as soon as you can. If you don't file your claim within the prescribed timeframe you could be unable to collect on financial compensation.

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

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of numerous bankruptcy filings filed by asbestos producers. Many of these companies have created trust funds to compensate asbestos victims. But asbestos defendants continue to challenge evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing an Database

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

To be able to build a strong defense in an asbestos-related case, attorneys must have access to a comprehensive database that can pinpoint potential exposure sources. This involves reviewing job sites, interviewing co-workers and collecting documents from suppliers and employers. This also involves tracking down and interviewing doctors and nurses who are able to testify about asbestos exposure.

This kind of database can be difficult to build, particularly when the data has been lost over time. In these cases it is possible to rebuild an entire insurance program and claims database using multiple sources like loss runs, claim files, internal system and defense counsel records. This can take years, or decades to complete.

Asbestos lawyers should also have access to a software that allows them to locate potential exposure sites and to identify potential defendants. Lawyers can save time and money by having this information at their fingertips.

After the collapse of several 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 in which the volume is paramount and suits that name fewer than 100 defendants are rare.

Identifying the Defendants

The majority of asbestos lawsuits are based on evidence based on facts that are discovered. Asbestos companies have denied for a number of years that their products could cause harm, but once lawsuits started, documents from the company provided evidence of the dangers. These documents can aid plaintiffs establish that certain defendants products caused their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was in use at the workplace, that they were exposed to it inhaling dust and that the exposure was a significant factor in his injuries.

Asbestos cases usually involve several defendants. The method of identifying them is different from a personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's workplace as well as home it is possible to build an information database that connects employers, locations, and products. The type of asbestos involved - amosite, chrysotile or crocidolite - can also be helpful in identifying defendants because each product is produced by a different manufacturer.

Defendants must carefully examine these facts and determine the possible sources of exposure. This could include a thorough review of more than 40 years of records from Social Security, tax, union and other records of a worker. Because the time between asbestos-related injuries is long, the creation of an accurate database is a lengthy and costly discovery.

Due to the huge number of cases and the insufficient resources of many defendants Many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and avoid duplication of discovery.

Case Development

Asbestos lawsuits involve extensive investigation and the review of many documents. This can be particularly challenging because exposure to asbestos typically occurred long before the victim developed a health issue. To pinpoint the source of asbestos exposure, lawyers must conduct interview and carefully review thousands pages of documentation including union and employment records as well as tax files, social security files and lab and medical reports.

The lawyers representing the plaintiffs must also do everything they can to identify other defendants. In some cases, there can be as high as 40 defendants. To achieve this they must go further down the supply chain and investigate entities with a possible nexus to asbestos, but have not been named in the litigation.

This process is time-consuming, especially when the claimant suffers from mesothelioma or other serious illnesses. In addition, it is often difficult to find witnesses and obtain physical evidence.

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

A successful asbestos litigation strategy requires a wealth of knowledge of this complicated legal field. Since its inception back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in the defense of companies in multi-jurisdictional, global litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide array of defendants, which includes product manufacturers, distributors, and contractors. We have a wealth of experience creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are as strong as they can be. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying exhibits that will be used at the trial. The process can take lengthy 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 that could cause breathing problems, coughing, chest pain and so on.

Asbestos victims' lawyers must also examine the evidence to identify any potential defendants who could be held liable for the asbestos injuries. This involves interviewing coworkers, family 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 could be individuals, corporations or governmental organizations. They must be held accountable for their actions.

Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these attempts have failed due to a number of complicated political motives. Asbestos victims, their lawyers and the government remain determined to hold 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 lawyers have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts in which cases are assigned to judges that are experienced with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members, including regular, life sustainer, President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.