Asbestos Litigation
Each asbestos case is unique however, the general procedure to defend these claims is the same. Your attorney should interview the plaintiff.
The exposure of an individual to asbestos can be triggered by numerous sources, not only a single employer or company. That's why asbestos cases often involve multiple defendants.
Determine the source of exposure
The identification of asbestos exposure is an important step to file an asbestos claim. Attorneys for victims can often make use of medical records to determine the source of asbestos. This can assist victims in receiving compensation from the companies liable for asbestos exposure.
Compensation is needed by mesothelioma patients and their families to cover the cost of costly treatment. Compensation can help families cope with the mesothelioma diagnosis.
Asbestos lawsuits are complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. While attorneys can handle many aspects of a case, the plaintiffs are expected to take part in the case too. This includes responding to requests for discovery and taking depositions.
It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is essential to speak with an experienced asbestos lawyer as soon as you can. Failing to file a claim within the appropriate timeframe could result in missing out on financial compensation.
In certain instances, victims have been exposed to asbestos products manufactured by various companies. In these cases, victims' attorneys may need to identify the manufacturer of each product, as well as the employers or contractors who supplied the asbestos-containing products.
Asbestos lawsuits are the longest-running mass tort in American history. It is responsible for dozens bankruptcy filings from asbestos producers. Many of these companies set up trust funds for asbestos victims. But asbestos defendants continue to contest evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making the Database
A lawsuit involving asbestos-related diseases or mesothelioma is distinct 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, and a lot of the same expert witnesses.
To be able to build a successful defense in an asbestos-related case, attorneys must have access to a vast database that can pinpoint potential sources of exposure. This includes examining the work site, speaking with coworkers, and obtaining documents from employers and suppliers. This process involves locating and interviewing doctors or nurses who may be able testify regarding asbestos exposure.
This kind of database can be difficult to build, particularly if the data has been lost over time. If this happens, it can require the reconstruction of a complete claims database as well as an insurance program, often 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 attorneys should also access to a software that allows them to find potential defendants and potential exposure sites. The information that is at the fingertips of lawyers can save time and money.
Following the massive bankruptcy of asbestos producers, plaintiffs' lawyers sought new defendants to list in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the number of defendants is paramount, and lawsuits that name less than 100 defendants are rare.
Identifying the defendants
The truthful basis of asbestos cases is usually established through discovery. Asbestos firms have denied for many years that their products could cause harm, but once lawsuits started documents from the company revealed evidence of the dangers. These documents can be used to prove that particular products of the defendant caused injuries. To win a case, the plaintiff must show that the defendant's product was in use at the workplace, that they were exposed to it by inhaling dust and that exposure to the dust was a major factor in his injuries.
Asbestos cases usually involve multiple defendants. The process of identifying them is different from a personal injury case. The key is to build an information database that links employers and their locations, as well as products. This is done by interviewing co-workers and relatives looking over invoices and work orders, obtaining documents from suppliers and vendors, and analyzing samples from the plaintiff's home and workplace sites. The type of asbestos used - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants as each product is made by a different manufacturer.
The defendants must take the time to review these facts and identify all possible sources of exposure, which may require a review of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the time between asbestos-related injuries is long, creating an accurate database is a lengthy and costly investigation.
Because of the large numbers of cases and the limited resources of many defendants Many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and avoid duplication of discovery.
Making a Case
Asbestos suits require extensive research and the examination of many documents. This can be a difficult job, as asbestos exposure can occur years before the victim becomes ill. To pinpoint the source of the asbestos exposure, lawyers must conduct interview and carefully examine thousands of documents including employment records and union documents, tax files and social security files and lab and medical reports.
The plaintiffs' lawyers also have to do everything they can to identify additional defendants. In many cases, the number of defendants could be as high as 30 or 40. To do this, they have to examine the supply chain to look into companies that might have a connection with asbestos but who are not mentioned in the lawsuit.
This process is time-consuming, especially if the claimant has mesothelioma, or other serious illnesses. It can be difficult to locate witnesses and collect physical evidence.
A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their relationship to victim's exposure. This could include a thorough examination of the past 40 years of the victim's life, including interviews as well as a review of their social security, labor, union and tax records.
A successful asbestos litigation strategy relies on extensive experience in a tangled area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending companies in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad array of defendants, which includes distributors, manufacturers 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 so that their clients have the strongest evidence and arguments possible. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the case. This process can take a long time in complicated cases.
Before developing mesothelioma, many asbestos victims develop a lesser disease such as asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms include a tightening of the lungs which can cause breathing difficulties, coughing and chest pain.
Asbestos victims' lawyers must also carefully review the evidence to find possible defendants who could be held accountable for the asbestos injuries. This involves interviewing coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and gathering various documents.
After an attorney has identified a possible defendant, they must then determine the liability of that party. The defendants could be individuals, companies or government agencies. They must be held responsible for their actions that were negligent.
Congress has offered a variety of legislative remedies to resolve asbestos lawsuits. However, these efforts have not been successful due to a variety of complicated political motives. Asbestos victims along with their lawyers and government are committed to holding negligent asbestos companies accountable for their actions.
Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the country. asbestos litigation group have held manufacturers, insurance companies, and other responsible entities accountable for their part in the asbestos exposure. 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 of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at annual and Winter conventions.