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Asbestos Litigation

Each asbestos case is distinct however the process to defend these claims is similar. Your attorney will want you to conduct a deposition of the plaintiff.

The exposure of a person to asbestos can come from numerous sources, not only a single employer or company. That's why asbestos cases often involve multiple defendants.

Identifying the source of exposure

Identifying asbestos lawsuit exposure is a crucial step to file an asbestos claim. Often, the attorneys of victims may use medical records to determine the cause of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis.

Asbestos cases are complex legal cases. The victims must be aware of their rights and the process. While attorneys can handle many aspects of a case, the plaintiffs are expected to take part in their own case. This includes responding to requests for discovery and attending depositions.

It is also important to keep in mind that the statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos attorney whenever you can. Failing to file an asbestos claim within the proper timeframe could result in missing out on financial compensation.

In certain instances, victims have been exposed to asbestos lawyer-containing products produced by several companies. In these instances, lawyers representing the victims will be required to identify all asbestos-containing products as well as the employers and contractors who supplied the asbestos-containing products.

Asbestos litigation has been the longest-running mass tort in American history. It has been responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. But asbestos defendants continue to dispute evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing an Database

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

To be able to build a successful asbestos defense, lawyers need to have access to a vast database that will help them identify potential exposure sources. This includes looking over the websites of employers, speaking with coworkers and collecting records from employers and suppliers. This involves finding and interviewing nurses or doctors who may be able be able to testify about asbestos exposure.

This kind of database is difficult to build, particularly if the data has been lost over time. In these instances it is possible to recreate the entire insurance program and claims database using multiple sources, like loss runs, claim files internal system, as well as defense counsel records. It can take years, or even years, to complete.

Asbestos lawyers must also have access to a program that allows them locate potential exposure sites and to identify potential defendants. Having this information available to attorneys can save both valuable time and money.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys 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 the volume is paramount and lawsuits that name less than 100 defendants are rare.

Identifying the defendants

The truthful basis of asbestos lawsuits is often established through discovery. Many asbestos companies denied for many years that their products could harm people, but when the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. To win a lawsuit, a plaintiff has to prove that the defendant's products were used in his work place, that he breathed in dust from the product, and that exposure to the product was a major factor in his injuries.

Asbestos cases often involve multiple defendants. The method of identifying them differs from a personal injury lawsuit. Through interviews with coworkers and family members, reviewing invoices and work orders, obtaining documents from suppliers and vendors, and analyzing asbestos samples collected from the plaintiff's workplace as well as home, it is possible to build an information database that connects employers as well as locations and products. It can also help to identify defendants if one knows the type of asbestos, like amosite or chrysotile.

Defendants must carefully review these facts and identify all possible sources of exposure, which can involve a review of more than forty years of a worker's life through Social Security, union, tax and other records. Because the time between asbestos injuries is so long, establishing an accurate database requires extensive and costly investigation.

Because of the large numbers of cases and the insufficient resources of many defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to share resources, and also avoid duplicate discovery.

Developing a Case

Asbestos suits require extensive investigation and the review of numerous documents. This can be particularly challenging since exposure to asbestos often occurred long before the victim was diagnosed with a disease. To determine the source of asbestos exposure, lawyers must conduct interview and carefully go through thousands of pages of documents, such as employment records and union documents as well as tax files, social security records, medical and laboratory reports.

The plaintiffs' lawyers also must do all they can to identify additional defendants. In many cases, the number of defendants can be as high as 30 or 40. To accomplish this they must go further down the supply chain and look into entities with a possible nexus to asbestos, but have not been named in the litigation.

This process is often very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma, or other serious illnesses. It can be difficult to find witnesses and gather physical evidence.

A mesothelioma attorney will work to determine the identity of all defendants and their connection to the victim's exposure. This may require a thorough examination of more than 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 relies on years of experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have extensive experience in creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must meticulously prepare their cases prior to trial to ensure that their clients' evidence and arguments are as strong as they can be. This involves reviewing medical records and preparing all witnesses. It also involves identifying exhibits that will be used at the trial. This process can be several years in the case of complex cases.

Many asbestos victims develop a less severe disease such as asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis can cause coughing, chest pain, and difficulty breathing.

Asbestos victims' lawyers must also scrutinize the evidence to find possible defendants who could be held liable for asbestos-related injuries. This includes interviewing coworkers or family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety.

Once a defendant is identified as a possible defendant An attorney must determine the responsibility of the defendant. The defendants may be individuals, companies or governmental agencies. They must be held accountable for their wrongful actions.

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. However, these attempts have not been successful due to a number of complex political reasons. Asbestos victims and their lawyers are still committed to holding negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. Our attorneys have held insurance companies and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts where cases are assigned to judges that are experienced with asbestos-related issues.

The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server at the annual and winter conventions, and participate in educational seminars on asbestos litigation.