Asbestos Litigation

Each asbestos case is unique however the process for defending such claims is similar. Your lawyer will ask you to conduct a deposition of the plaintiff.

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

Identifying the source of exposure

Recognizing asbestos exposure is an important step in filing an asbestos claim. Often, victims' attorneys can use medical records to determine the cause of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure.

Compensation is required by mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can also help families cope with the emotional burdens of mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal cases, and victims must be aware of their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case, they are expected to participate in the case. This includes responding to discovery requests and taking depositions.

Be aware that the statutes are limited in New York, and you should consult an asbestos attorney [relevant resource site] immediately if you are able to. If you fail to submit your claim within the prescribed time frame you could be unable to collect on financial compensation.

In certain instances, victims were exposed to asbestos-containing products made by several companies. In these cases, the victims lawyers may be required to identify the manufacturer of each product, as well as the contractors or employers who provided the asbestos-containing materials.

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

Developing the Database

A lawsuit involving mesothelioma or other asbestos-related illnesses is different from any typical personal injury lawsuit. In many cases, asbestos litigation involves many of the same defendants (companies that are sued) and many of the same law firms representing plaintiffs, and a lot of the same expert witnesses.

To build a viable defense in an asbestos case, attorneys must have access to a database that can pinpoint potential sources of exposure. This includes reviewing the job site, interviewing coworkers, and obtaining documents from employers and suppliers. This involves locating and interviewing nurses or doctors who may be able provide evidence regarding asbestos exposure.

The creation of this type of database can be challenging particularly in situations where the data has been lost or destroyed over time. If this happens it could require the reconstruction of a complete claims database and insurance program, usually from multiple sources such as loss runs claims files, internal systems and defense counsel records. It can take a long time or even decades to complete.

Asbestos lawyers must also have 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.

Following the massive bankruptcy of asbestos producers the plaintiffs' lawyers were seeking new defendants to name in their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and lawsuits that name less than 100 defendants are rare.

Identifying defendants

The majority of asbestos cases are founded by factual evidence that's later discovered. Asbestos companies have denied for a number of years that their products could cause harm, but after lawsuits began documents from the company revealed evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To win a case, the plaintiff must show that the defendant's product was utilized at his workplace, that they were exposed to it through inhalation of dust and that exposure was a significant factor in his injuries.

Since asbestos cases involve multiple defendants, the method of identifying defendants is different from the typical personal injury case. The most important thing is to create an inventory of employers locations, products and locations through interviews with co-workers and relatives, reviewing work orders and invoices as well as documents from suppliers and vendors, and analyzing samples from the plaintiff's residence and employment sites. It is also a good way to identify defendants if you are aware of the kind of asbestos, like amosite or chrysotile.

The defendants must take the time to review these facts and identify any potential sources of exposure, which may require a examination of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because of the long time lag of asbestos-related injuries, it can be difficult and expensive to establish an accurate database.

Due to the high volume of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This allows defendants to share their resources and avoid duplication of discovery.

The process of creating a case

Asbestos suits require a lot of study and examination of many documents. This can be a particularly difficult job, as asbestos exposure often occurs years before the person who suffers from illness. To pinpoint the source of asbestos exposure, attorneys must conduct interviews and go through thousands of pages of documents, such as employment records and union documents, tax files and social security files, medical and lab reports.

The lawyers representing the plaintiffs must do all they can to locate other defendants. In many cases, the number defendants could be as high as 30 or 40. To accomplish this they need to look further down the supply chain and investigate organizations that could have a connection to asbestos, but have not been identified in the lawsuit.

This process is often very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma, or other serious diseases. In addition, it can be often difficult to locate witnesses and obtain physical evidence.

A mesothelioma lawyer will determine all potential defendants, and their connection to victim's exposure. This could be accomplished by a thorough analysis of more than 40 years of the victim's life through interviews and a review of their social security, union, and tax records.

A successful asbestos 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 litigation since the time of our establishment back in 1994. We are the experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel, representing and representing the interests of a variety of different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience in establishing and developing crucial defenses including expert testimony, jurisdictional Case Management Orders.

Prepare for trial

Lawyers need to carefully prepare their cases prior to trial to ensure that their clients are able to present the strongest evidence and arguments possible. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the trial. The process can take several years in the case of complex cases.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease such as asbestosis, and pleural plaque. Asbestosis symptoms include a tightening of the lungs that may cause difficulty breathing, coughing, and chest pain.

Attorneys representing asbestos victims should also look over the evidence to identify potential defendants who might be accountable for the asbestos-related harms. This includes interviewing coworkers or family members, asbestos manufacturers, asbestos attorneys abatement employees and obtaining various documents.

After identifying a potential defendant an attorney must determine the liability of the party. The defendants may be individuals, corporations or governmental agencies. They are accountable for their wrongful actions.

Many legislative solutions to solve asbestos litigation have been proposed in Congress. These efforts have not been effective due to a myriad of complex political factors. Asbestos victims along with their lawyers and government remain determined to hold 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 country. Our attorneys have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts which are assigned cases by judges who have experience in asbestos lawyer-related matters.

The asbestos lawyer 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.