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Asbestos Litigation

Each asbestos case is unique however, the general procedure to defend against claims based on asbestos is the same. Your attorney will want you to take depositions of the plaintiff.

The exposure of a person to asbestos attorney can be triggered by multiple sources, not just one employer or company. This is why asbestos cases usually involve multiple defendants.

Determine the source of exposure

Identifying asbestos exposure is an important step in filing an asbestos claim. Lawyers for victims often use medical records to determine the source of asbestos. This can help victims get compensation from the companies responsible for their asbestos exposure.

Mesothelioma victims and their families require compensation to pay for mesothelioma treatment. Compensation can also help families cope with the emotional burdens of mesothelioma diagnosis.

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

Remember that the statutes of limitations are limited in New York, and you should consult an asbestos attorney as soon as you can. In the event of not filing a claim within the appropriate time frame could result in missing out on financial compensation.

In some instances, asbestos products made by multiple companies have been used to expose victims. In these cases, lawyers representing the victims be required to identify all asbestos-containing products as well as the employers and contractors who supplied the materials.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of dozens of bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to challenge evidence that links mesothelioma and asbestos exposure lung cancer, or other respiratory illnesses. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing an Database

A lawsuit involving asbestos-related diseases or mesothelioma differs 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 develop a successful asbestos defense, attorneys need to have access to an extensive database that will help them identify potential exposure sources. This includes examining the job site, talking to coworkers and obtaining documents from employers and suppliers. This involves finding and interviewing doctors or nurses who may be able to be able to testify about asbestos exposure.

Developing this type of database can be difficult particularly when the data was lost or destroyed over the course of time. When this occurs it could require the reconstruction of a complete claims database as well as an insurance program, often from multiple sources such as loss runs and claim files, internal systems, and defense counsel records. It can take a long time or even decades to complete.

Asbestos lawyers must also access to a software that allows them to identify potential defendants and potential exposure sites. The information that is at the fingertips of lawyers can help save time and money.

Following the massive bankruptcies of many asbestos producers attorneys for plaintiffs sought new defendants to name in their lawsuits. Because of this asbestos lawyer cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and suits that name less than 100 defendants is rare.

Identifying the defendants

Most asbestos cases are founded on factual evidence that is discovered. Asbestos firms have denied for many years that their products could cause harm, but when lawsuits started documents from the company exposed evidence of the dangers. These documents can aid plaintiffs prove that specific defendants' products caused their injuries. In order to win a lawsuit a plaintiff has to demonstrate that the defendant's products were used at his workplace, that he inhaled dust from the product, and that this exposure was a major cause of his injuries.

Because asbestos cases have multiple defendants, the method of identifying defendants is different than a typical personal injury case. The key is to develop an information database that links employers and their locations, as well as products. This is done by interviewing co-workers and relatives looking over work orders and invoices, obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's home and work websites. The type of asbestos involved - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants because each product is manufactured by an individual manufacturer.

The defendants must be attentive to these facts and pinpoint any potential sources of exposure. This may require a examination of more than 40 years of a worker's life through Social Security, union, tax and other records. Due to the lengthy latency of asbestos-related injuries, it's difficult and costly to create an accurate database.

Due to the sheer number of cases and limited resources of defendants asbestos cases are often referred to multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and avoid duplicate discovery.

Making a Case

Asbestos lawsuits require extensive research and the review of a large number of documents. This can be particularly difficult since exposure to asbestos often occurred long before the victim became sick. 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 records, lab and medical reports.

The plaintiffs' lawyers also must do all they can to find additional defendants. In many cases, the number defendants can be as high as 30 or 40. To achieve this they need to look further down the supply chain and look into companies that may have a connection to asbestos that have not been named in the litigation.

This process can be extremely lengthy, especially when the claimant suffers from mesothelioma or any other serious illness. In addition, it is often difficult to locate witnesses and get physical evidence.

A mesothelioma attorney will work to identify all defendants and their connections to the victim's exposure. This can involve a thorough review over the last 40 years of the victim's life. This may include interviews and a review their social security and union, as well as tax records.

A successful asbestos litigation strategy requires extensive knowledge of this complicated area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception at the beginning of 1994. We are also nationally recognized as leaders in the defense of companies involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad range of defendants, including distributors, manufacturers, and contractors. We have extensive experience creating and implementing important defenses, expert testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers need to carefully prepare their cases before 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 evidence to be used in the case. The process can take several years in the case of complex cases.

Before developing mesothelioma asbestos patients develop a lesser disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms include tightening of the lungs that can cause breathing difficulties, coughing, chest pain and so on.

Attorneys representing asbestos victims must also review the evidence to identify potential defendants who could be held accountable for the asbestos-related injuries. This includes interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

Once a lawyer has identified a defendant, they must determine the liability of that party. The defendants may be individuals, corporations or governmental agencies. They must be held accountable for their negligent actions.

A variety of legislative solutions to end asbestos litigation have been formulated in Congress. However, these efforts have not been successful due to a number of complicated political motives. Asbestos victims and their lawyers are still committed to holding negligent asbestos companies accountable for their actions.

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 insurance companies and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts where cases are assigned to judges who are familiar with asbestos-related issues.

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