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Asbestos Litigation

Each asbestos case is unique, but the general procedure to defend against claims based on asbestos is the same. Your lawyer will ask you to take an interview with the plaintiff.

The exposure of an individual to asbestos can come from many places, not just one employer or company. This is the reason asbestos cases usually involve multiple defendants.

Determine the source of exposure

To make an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, victims' attorneys can work with medical documents to determine the source of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure.

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

Asbestos lawsuits can be a complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. Attorneys can handle a variety of aspects of a case they are expected to be involved in the process. This includes responding quickly to discovery requests and participating in depositions in court.

Remember that the statutes are restricted in New York, and you should seek advice from an asbestos lawyer as soon as you can. Failing to file an asbestos claim within the proper timeframe could result in the loss on financial compensation.

In certain instances victims have been exposed to asbestos-containing products produced by multiple companies. In these cases, victims' attorneys may need to identify the companies that made each product, as well as the contractors or employers who supplied 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 set up trust funds for asbestos victims. However, asbestos lawsuit (Recommended Reading) defendants continue to contest evidence linking asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

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

To build a strong asbestos defense, lawyers have to have access to an extensive database that will help them identify potential exposure sources. This includes examining the job site, interviewing coworkers and getting documents from suppliers and employers. This also involves finding and interviewing nurses and doctors who can testify regarding asbestos exposure.

This type of database is difficult to develop, especially in the event that the data was lost over time. When this occurs it could necessitate the reconstruction of a complete claims database and insurance program, usually from a variety of sources, including loss runs and claim files, internal systems, and defense counsel records. It can take years, or even years to complete.

Asbestos lawyers must also have access to a software that allows them to find potential exposure areas and identify potential defendants. Lawyers can save time and money by having this information readily available.

Following the massive bankruptcy of many asbestos manufacturers, plaintiffs' lawyers sought new defendants to name in their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and suits naming less than 100 defendants is rare.

Identifying the defendants

Most asbestos cases are founded on evidence based on facts that are discovered. asbestos attorneys firms have denied for many years that their products could cause harm, but once lawsuits began, documents from the company exposed evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant products were responsible for their injuries. To win a case the plaintiff must show that the defendant's product was used at his workplace, that they were exposed to it inhaling dust and that the exposure was a significant reason for his injuries.

Since asbestos cases have multiple defendants, the process of identifying defendants is different from an ordinary personal injury case. The most important thing is to create a database linking employers and their locations, as well as products. This is done through interviews with co-workers and relatives as well as reviewing work orders and invoices as well as documents from suppliers and vendors and analyzing samples taken from the plaintiff's residence and work sites. It can also help to identify defendants if you know the kind of asbestos lawyers, such as chrysotile or amosite.

Defendants are required to carefully review these facts, and identify all possible sources of exposure. This can include a thorough review of more than 40 years of records from Social Security, tax, union and other records of the worker. Because of the long time lag of asbestos-related injuries, it can be difficult and expensive to establish an accurate database.

Due to the huge number of asbestos cases and limited resources of defendants in federal courts, a lot of asbestos attorney cases will be referred to a multidistrict lawsuit (MDL). This gives defendants to share resources and avoid duplication of discovery.

Case Development

Asbestos lawsuits require a lot of research and the examination of a large number of documents. This can be particularly challenging because asbestos exposure often occurred long before the victim became sick. To determine the sources of the exposure, lawyers need to conduct interviews and go through thousands of pages of documentation including union documents, employment records, tax and social security files and medical and laboratory reports.

The plaintiffs' lawyers also must do all they can to identify additional defendants. In certain instances, there could be up to 40 defendants. To do this, they must investigate the supply chain to find companies that could have a nexus with asbestos, but aren't included in the lawsuit.

This process is time-consuming, especially when the claimant suffers from mesothelioma or any other serious illness. It is also difficult to find witnesses and to gather evidence.

A mesothelioma lawyer will determine the potential defendants and their relationship to victim's exposure. This can require a thorough examination of over 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 area of law. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in the defense of companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide variety of defendants, including product manufacturers, distributors and contractors. We have extensive experience creating and implementing key defenses such as expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must meticulously prepare their cases before trial so that their clients can present the strongest arguments and evidence possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the case. This process can take years in cases that are complex.

Many asbestos victims have a less severe illness like asbestosis, fibrous or pleural plaques prior to the mesothelioma's development. Asbestosis symptoms include a tightening of the lungs that could cause breathing problems, coughing, chest pain and so on.

Asbestos victims' lawyers must also examine the evidence to find possible defendants who could be held responsible for asbestos-related injuries. This may involve interviewing coworkers, family members, abatement workers, asbestos manufacturers and obtaining a variety of documents.

Once a defendant is identified as a possible defendant an attorney must determine the liability of the party. The defendants may be individuals, companies or government agencies. They are accountable for their wrongful actions.

Congress has enacted a number of legislative solutions to end asbestos lawsuits. However, these initiatives have failed due to a number of complex political reasons. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our lawyers have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts where cases are assigned by judges with experience in asbestos-related matters.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members meet and discuss legal issues and strategies on the group's plaintiff-only list server during the annual and winter conventions as well as in seminars for education on asbestos litigation.