Asbestos Litigation
Each asbestos case is distinct however, the general procedure for defending claims involving asbestos is the same. Your attorney should interview the plaintiff.
The cause of asbestos exposure could be numerous, not just one employer or company. This is why asbestos cases typically involve multiple defendants.
Identifying the source of exposure
Recognizing asbestos exposure is an important step in submitting an asbestos claim. Often, victims' attorneys can work with medical documents to determine the source of asbestos. This can assist victims in obtaining compensation from the companies responsible for their asbestos exposure.
Compensation is needed by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.
Asbestos lawsuits are complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. Attorneys are able to handle a variety of aspects of a case they are expected to be involved in the proceedings. This includes responding to discovery requests and taking depositions.
It is also important to remember that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos lawyer as soon as you can. Failing to file an asbestos claim within the proper timeframe could result in missing out on financial compensation.
In some cases victims were exposed to asbestos-containing products made by multiple companies. In massachusetts asbestos litigation , victims' attorneys will have to determine the source of all asbestos-containing products as well as the contractors and employers who supplied the materials.
Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies established trust funds for asbestos victims. But asbestos defendants continue to dispute evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite research conducted by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
The process of creating an Database
A lawsuit involving mesothelioma or other asbestos-related diseases is different from any typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and the same expert witnesses.
To develop a successful asbestos defense, lawyers need to be able to access a large database that can pinpoint potential exposure sources. This involves reviewing the websites of employers, speaking with coworkers and obtaining information from suppliers and employers. This involves locating and interviewing nurses or doctors who may be able to provide evidence regarding asbestos exposure.
The creation of this type of database can be a challenge particularly when the data has been deleted or lost over time. In these situations, it may be necessary to rebuild an entire insurance program and claims database using multiple sources, like loss runs, claim files, internal system and defense counsel records. It can take years, or even years, to complete.
Asbestos attorneys must also have access to a software that permits them to find potential defendants and potential exposure sites. Having this information available to attorneys can help save time and money.
Following the bankruptcy of a number of asbestos producers, plaintiffs' attorneys looked for new defendants for their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and lawsuits that name less than 100 defendants are a rarity.
Identifying the defendants
Most asbestos cases are founded on evidence based on facts that are discovered. Many asbestos companies have denied for decades that their products could cause harm to people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that particular products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was used at his workplace and that they were exposed to it through inhalation of dust and that exposure to the dust was a major cause of his injuries.
Since asbestos cases have multiple defendants, the method of identifying defendants is different from a typical personal injury case. The most important thing is to create an information database that links employers and their locations, as well as products. This is done by interviewing co-workers and relatives, reviewing invoices and work orders as well as documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and work sites. It is also possible to identify defendants if you know the kind of asbestos, such as chrysotile or amosite.
Defendants are required to carefully examine these facts and determine all possible exposure sources. This can include a review of over 40 years of records from Social Security, tax, union and other records of workers. Due to the long latency of asbestos-related injuries, it is difficult and costly to create an accurate database.
Due to the huge number of cases and the insufficient resources of many defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to share resources, and also avoid duplicate discovery.
Case Development
Asbestos lawsuits require extensive research and the review of many documents. This can be particularly difficult because exposure to asbestos typically occurred long before the victim developed a health issue. In order to identify the sources of the exposure, attorneys must conduct interviews and carefully go through hundreds of pages of documentation such as union documents, employment records tax and social security files, and medical and laboratory reports.
The plaintiffs' lawyers also must do their best to identify additional defendants. In certain cases, there could be as many as 40 defendants. To do this, they have to look down the supply chain to look into companies that could have a link to asbestos, but aren't named in the lawsuit.
This process can be very time-consuming, especially when the claimant suffers from mesothelioma, or other serious illnesses. In addition, it can be often difficult to find witnesses and obtain physical evidence.
A mesothelioma lawyer will determine the potential defendants and their connection to the victim's exposure. This can be a thorough analysis of the last 40 years of a victim's life, which may include interviews and a review their social security and union, as well as tax records.
A successful asbestos litigation strategy requires a wealth of experience in this complex legal field. Since the time we were founded in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel in representing and managing the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience in creating and implementing key defenses including expert 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 as strong as they can be. This includes reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used during the trial. This process can take years in cases that are complex.
Before developing mesothelioma asbestos sufferers develop a less severe disease such as asbestosis, and pleural plaque. Asbestosis can cause chest pain, coughing, and breathing problems.
Attorneys for asbestos victims must also carefully examine the evidence in order to determine potential defendants who could be held accountable for the asbestos-related injuries. This involves interviewing co-workers or family members, asbestos manufacturers, asbestos abatement workers and obtaining various documents.
Once a defendant is identified as a possible defendant, an attorney must determine the liability of the party. The defendants could be businesses, individuals, or government agencies. They must be held accountable for their wrongful actions.
Several legislative remedies to resolve asbestos litigation have been formulated in Congress. These efforts have not been successful due to a range of complex political factors. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos firms accountable for their conduct.
Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. 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 supervised by judges who have expertise in asbestos cases.
The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members network and discuss legal issues and strategies on the group's plaintiff-only list server during the annual and winter conventions and participate in educational seminars on asbestos litigation.
