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Asbestos Litigation

Every asbestos case is different, but the general procedure for defending against claims based on asbestos is the same. Your lawyer will need to conduct a deposition with the plaintiff.

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

Identifying the source of exposure

To submit an asbestos claim it is essential to determine the source of asbestos exposure. Often, victims' attorneys can use medical documents to determine the source of asbestos. This can help victims get compensation from companies responsible for their asbestos exposure.

Compensation is essential for mesothelioma patients as well as their families to cover the cost of expensive treatment. Compensation can also help families cope with the emotional burdens of mesothelioma diagnosis.

Asbestos cases are complex legal cases. Victims need to know their rights and procedures. While attorneys are able to handle many aspects of a case, they are expected to participate in the process. This includes responding to requests for discovery and attending depositions.

It is also important to remember that the statutes of limitations specializes in asbestos litigation New York are limited, and it is essential to speak with an experienced asbestos litigation meaning lawyer as soon as possible. Failure to file an asbestos claim within the required time frame could result in missing out on financial compensation.

In some cases, asbestos products made by several companies have been used to expose victims. In these cases, victims' attorneys may need to identify the manufacturers of each product, asbestos litigation 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 responsible for numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have established trust funds to pay compensation to asbestos victims. But asbestos defendants continue to contest evidence linking asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is despite research conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Making a Database

A lawsuit involving mesothelioma or other asbestos-related diseases is different from any typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies who are being sued) as well as many of the same law firms that represent plaintiffs and many of the same expert witnesses.

To be able to build a viable defense in an asbestos case attorneys need access to a vast database that can help identify potential exposure sources. This includes reviewing the work site, speaking with coworkers and getting documents from employers and suppliers. This involves locating and interviewing nurses or doctors who might be able to be able to testify about asbestos exposure.

This kind of database can be difficult to create, particularly in the event that the data was lost over time. In these instances it could be necessary to recreate a complete insurance program and claims database, using multiple sources like loss runs, claim files internal system and defense counsel records. This could take a number of years or even decades to complete.

Asbestos attorneys must also have access to a program that permits them to identify potential defendants and locate potential exposure sites. This information is available to attorneys can help save time and money.

Following the massive bankruptcy of many asbestos manufacturers attorneys for plaintiffs sought new defendants to name in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the volume is paramount and suits naming fewer than 100 defendants are rare.

Identifying the defendants

The factual foundation of asbestos lawsuits is often established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but after lawsuits started, documents from the company exposed evidence of the dangers. These documents can assist plaintiffs establish that certain defendants products were responsible for their injuries. To win a case a plaintiff must demonstrate that the defendant's product was used at the workplace and that the worker was exposed to it through inhalation of dust, and that the exposure to the dust was a major reason for his injuries.

Because asbestos cases contain multiple defendants, the method of identifying defendants is different from the typical personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's workplace as well as home, it is possible to create a database that links employers locations, workplaces, and products. The type of asbestos used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants as each product is made by an individual manufacturer.

The defendants must be attentive to the facts and determine the possible sources of exposure, which may require a examination of more than 40 years of a person's life through Social Security, union, tax and other records. Because the time between asbestos-related injuries is so long, the creation of an accurate database is a lengthy and costly investigation.

Due to the huge number of cases and the insufficient resources of many defendants, many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and reduce the duplication of discovery.

The process of creating a case

Asbestos lawsuits require extensive research and the examination of numerous documents. This can be a particularly difficult task because latest asbestos litigation exposure often occurs years before the person who suffers from illness. To pinpoint the source of asbestos exposure, attorneys must conduct an interview and review thousands pages of documentation like union and employment records as well as tax files, social security records, medical and laboratory reports.

The lawyers representing the plaintiffs have to do everything they can to identify additional defendants. In many cases, the number defendants could be as high as 30 or 40. To achieve this, they have to examine the supply chain to look into entities that may have a nexus with asbestos but who are not mentioned in the lawsuit.

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

An attorney for mesothelioma will try to establish all potential defendants and the connection to the victim's exposure. This could be a thorough analysis of the past 40 years of the victim's life, which may include interviews and a look at their social security, labor, union and tax records.

A successful asbestos litigation strategy is dependent on a wealth of experience in a complicated area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including product manufacturers distributors, suppliers, and contractors. We have a wealth of experience developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must be careful in preparing their cases for trial to ensure that their clients' arguments and evidence are the strongest they can be. This includes reviewing medical records and preparing all witnesses. It also involves identifying exhibits that will be used in the trial. This process can take years long in complex cases.

Before developing mesothelioma asbestos victims develop a lesser disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis can cause chest pain, coughing and difficulty breathing.

Asbestos victims' attorneys must also scrutinize the evidence to determine any possible defendants who could be held liable for the asbestos injuries. This includes interviewing coworkers, family members, abatement workers, asbestos manufacturers and obtaining a variety of documents.

Once an attorney has identified a potential defendant, they need to determine the liability of that person. The defendants can be businesses, individuals or government agencies. They must be held accountable for their actions.

Several legislative remedies to resolve asbestos litigation have been proposed in Congress. However, these initiatives have failed due to a number of political issues. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their conduct.

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

The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's club members. Members network and discuss legal issues and strategies on the Group's plaintiff-only list server at the annual and winter conventions, and participate in educational seminars on asbestos litigation.