Asbestos Litigation
Every asbestos case is different however, the general procedure to defend against such claims is similar. Your lawyer will require you to conduct depositions of the plaintiff.
The exposure of a person to asbestos can be triggered by multiple sources, not just a single employer or company. That's why asbestos cases often involve multiple defendants.
Determine the source of exposure
In order to submit an asbestos claim it is essential to determine the source of asbestos exposure. Lawyers for victims often use medical records to determine asbestos' source. This can help victims receive compensation from the companies that are responsible for their asbestos exposure.
Compensation is essential for mesothelioma patients and their families to cover the expense of expensive treatment. Compensation can assist families in dealing with emotional stress with a mesothelioma diagnoses.
Asbestos cases can be a complicated legal issues. Victims need to know their rights and procedures. Attorneys can handle a variety of aspects of a case, they are expected to be involved in the case. This includes responding promptly to discovery requests and attending depositions in court.
It is also crucial to remember that the statutes of limitations in New York are limited, and it is essential to seek out an experienced asbestos lawyer as soon as possible. If you don't file your claim within the prescribed time frame you could be denied on financial compensation.
In some instances victims have been exposed to asbestos products manufactured by various companies. In these cases, victims' attorneys will need to identify all the asbestos-containing products as well as the employers and contractors who supplied the asbestos-containing products.
Asbestos lawsuits are the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies established trust funds for asbestos victims. However, asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite research conducted by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
The process of creating the Database
A lawsuit involving asbestos-related illnesses or mesothelioma differs from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies that are sued) as well as many of the same law firms that represent plaintiffs, as well as many of the same expert witnesses.
In order to develop a viable defense in an asbestos-related case attorneys need access to a database that can help identify potential sources of exposure. This involves reviewing the websites of employers, speaking with coworkers and collecting documents from suppliers and employers. This involves locating and interviewing nurses or doctors who may be able to testify regarding asbestos exposure.
The creation of this type of database can be a challenge particularly in situations where the data has been lost or destroyed over the course of time. In these instances it could be necessary to reconstruct an entire insurance program and claims database making use of multiple sources, like loss runs, claim files, internal system and defense counsel records. This can take years, or even decades to complete.
Asbestos lawyers must also access to a program that lets them identify potential defendants and locate potential exposure sites. Having this information available to attorneys can help save time and money.
After the collapse of several 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 trial groups in which volume reigns supreme and lawsuits that name less than 100 defendants are rare.
Identifying the Defendants
Most asbestos cases are based on evidence based on facts that are discovered. Asbestos companies denied for many years that their products could cause harm, but after the 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 prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used in his work place, that he breathed in dust from the product, and that this exposure was a major cause of his injuries.
what asbestos litigation pros and cons involve multiple defendants. The process 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 vendors and suppliers and analyzing asbestos samples collected from the plaintiff's work place and home it is possible to build an information database that connects employers, locations, and products. The type of asbestos used - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants as each product is manufactured by the same manufacturer.
The defendants must be attentive to these facts and pinpoint any potential sources of exposure, which can involve a review of more than 40 years of a worker's existence through Social Security, union, tax and other documents. Due to the long latency of asbestos-related injuries, it's difficult and expensive to establish an accurate database.
Due to the huge number of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This allows defendants to share resources and prevent duplicate discovery.
Developing a Case
Asbestos suits require extensive research and the examination of numerous documents. This can be a challenge since exposure to asbestos often was a long time before the victim was diagnosed with a disease. In order to identify the sources of the exposure, lawyers need to conduct interviews and review the thousands of pages of documents including the employment records, union documents, social security and tax records and medical and laboratory reports.
The lawyers representing the plaintiffs must do all they can to identify additional defendants. In certain cases, there could be as high as 40 defendants. To achieve this they must go further down the supply chain and investigate companies that may have a connection to asbestos, but have not been identified in the lawsuit.
This process can be very time consuming, especially when the plaintiff is suffering from mesothelioma, or other serious diseases. Additionally, it is often difficult to find witnesses and obtain physical evidence.
A mesothelioma lawyer will identify all potential defendants, and their connection to victim's exposure. This can require a thorough examination of more than 40 years of the victim's history through interviews, as well as a look at their social security, union, labor and tax records.
A successful asbestos litigation strategy is dependent on a wealth of experience in a complex 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 national leaders in defending companies involved in industry-wide, multi-jurisdictional litigation. We serve 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 developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.
Prepare for the trial
Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' arguments and evidence are the strongest they can be. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying the exhibits that will be used in the trial. This process can take years in cases that are complex.
Many asbestos sufferers develop a less severe disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis symptoms can include 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 could be held responsible for the asbestos injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, in addition to getting various documents.
Once a defendant is identified as a possible defendant An attorney must determine the legal liability of the defendant. The defendants may be individuals, companies 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 failed due to a variety of political issues. Asbestos victims along with their lawyers and government are committed to holding asbestos companies accountable for their behavior.
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 in five judicial districts where cases are assigned to judges familiar with asbestos matters.
The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at winter and annual conventions.