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Asbestos Litigation

Each asbestos case is different however, the general procedure for defending claims involving asbestos is similar. Your lawyer will need to take a deposition of the plaintiff.

The source of asbestos exposure can be numerous, not only one company or employer. This is why asbestos cases usually involve multiple defendants.

Determine the source of exposure

In order to submit an asbestos claim it is crucial to pinpoint asbestos exposure. Lawyers for victims often use medical records to determine asbestos' source. This could help victims receive compensation from the companies responsible for their asbestos exposure.

Mesothelioma sufferers and their families are entitled to compensation to pay for mesothelioma-related treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma being diagnosed.

Asbestos lawsuits are complex legal cases, and victims need to understand their rights and how the process works. While attorneys are able to handle a variety of aspects of a case, the victims are expected to be involved in their own case. This includes responding to discovery requests and attending depositions.

It is also important to remember that the statutes of limitations in New York are limited, and it is crucial to speak with an experienced asbestos attorney whenever you can. If you don't submit your claim within the stipulated time frame you could be denied on financial compensation.

In some instances victims were exposed to asbestos-containing products made by several companies. In these instances, victims' attorneys will have to determine the source of all asbestos-containing products as well as the companies and contractors that supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of dozens of bankruptcy filings by asbestos manufacturers. Many of these companies set up trust funds for asbestos victims. However, asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is despite studies conducted by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making an Database

A mesothelioma lawsuit or other asbestos-related illnesses is distinct from a typical personal injury case. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms and the same expert witnesses.

In order to develop a strong defense in an asbestos-related case, attorneys must have access to a comprehensive database that can help identify possible sources of exposure. This includes reviewing job sites, interviewing co-workers and obtaining documents from suppliers and employers. The process also requires finding and interviewing nurses and doctors who are able to testify about asbestos exposure.

The creation of this type of database can be challenging, especially in cases where the data has been deleted or lost over time. When this occurs, it can necessitate the reconstruction of a complete claims database and insurance program, usually from a variety of sources, including loss runs, claim files, internal systems and defense counsel records. This could take a number of years or even decades to complete.

Asbestos lawyers must also access to a program that permits them to find potential defendants and potential exposure sites. This information is at the fingertips of lawyers can save time and money.

Following the bankruptcy of a number of asbestos producers, plaintiffs' attorneys searched for new defendants to their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, 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 when lawsuits started, documents from the company provided evidence of the dangers. These documents can assist plaintiffs prove that specific defendants products were responsible for their injuries. To win a lawsuit, the plaintiff must prove that the defendant's product were used in the work place, that he breathed in dust from the product, and that this exposure was a major factor in his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. The most important thing is to create an information database that links employers, locations and products by speaking with relatives and coworkers as well as reviewing invoices and work orders, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and workplace websites. The type of asbestos used such as amosite, chrysotile or crocidolite - is helpful in identifying defendants as each product is made by an individual manufacturer.

Defendants are required to carefully look over these facts and determine the possible exposure sources. This may include a review of over 40 years of records from the Social Security, tax, union, and other records of a worker. Because the latency of asbestos-related injuries is so long, creating an accurate database requires a lot of time and costly discovery.

Due to the large number of asbestos cases and limited resources of many defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This gives defendants to share resources, and to avoid duplication of discovery.

Case Development

Asbestos lawsuits require a lot of investigation and the review of a large number of documents. This can be particularly difficult because asbestos exposure often occurred years before a victim developed a health issue. To determine the source of the asbestos exposure, lawyers must conduct an interview and go through thousands of pages of documents including union and employment records as well as tax files, social security records, medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to find other defendants. In many cases, the number defendants could be as high as 30 or 40. To achieve this, they need to look down the supply chain to investigate companies that could have a nexus with asbestos, but aren't included in the lawsuit.

This process is often very time consuming, especially when a claimant is suffering from mesothelioma and other severe illnesses. In addition, it can be often difficult to find witnesses and to obtain physical evidence.

A mesothelioma lawyer will identify the identity of all defendants who could be implicated, and their connection to victim's exposure. This could require a thorough review of over 40 years of the victim's life via interviews and a review of their social security, union, and tax records.

A successful asbestos litigation strategy requires extensive experience in this complex area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception back in 1994. We are the nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel in representing and managing the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive expertise in developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must meticulously prepare their cases ahead of trial to ensure that their clients are able to present the strongest arguments and evidence possible. This involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the trial. The process can take years long in complex cases.

Before developing mesothelioma asbestos lawsuit sufferers develop a less severe disease such as asbestosis, and pleural plaque. Asbestosis can cause coughing, chest pain, and breathing problems.

Asbestos victims' lawyers must also carefully review the evidence to identify any potential defendants who could be held accountable for the asbestos-related injuries. This includes speaking with family members, coworkers, asbestos abatement workers and asbestos manufacturers, as well as gathering various documents.

Once a lawyer has identified a potential defendant, they must then determine the liability of the person. The defendants could be individuals, companies or government agencies. They must be held accountable for their negligent actions.

Congress has proposed several legislative remedies to resolve asbestos lawsuits. However, these efforts have failed due to a variety of complicated political motives. Asbestos victims as well as their lawyers and the government are committed to holding negligent asbestos firms accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the nation. Our attorneys have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges familiar with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's Club members. Members meet and discuss legal issues and strategies on the Group's only for plaintiffs list server, at annual and winter conventions as well as in seminars for education on asbestos litigation.