Asbestos Litigation

Each asbestos case is different, but the general process for defending claims involving asbestos is similar. Your attorney will want to conduct a deposition with the plaintiff.

A person's exposure to asbestos can come from many places, not just a single employer or company. That's why asbestos cases often involve multiple defendants.

Determine the source of exposure

In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Attorneys for victims can often use medical records to determine the source of asbestos. This can help victims get compensation from the companies accountable for asbestos attorney exposure.

Mesothelioma patients and their families need compensation to pay for mesothelioma treatments. Compensation can help families cope when a mesothelioma diagnosis is announced.

Asbestos lawsuits are complicated legal proceedings, and the victims need to know 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 discovery requests and attending depositions.

Remember that the statutes of limitations are limited in New York, and you should seek advice from an asbestos lawyer as soon as you can. If you don't submit your claim within the stipulated timeframe, you could lose out on financial compensation.

In some instances, victims have been exposed to Asbestos lawsuit-containing products produced by multiple companies. In such cases, the victims' attorneys will need to identify all the asbestos-containing products as well as the employers and contractors 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 have created trust funds to pay compensation to asbestos victims. But asbestos defendants continue to dispute evidence linking asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is despite research by doctors such as Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing the Database

A lawsuit involving mesothelioma or other asbestos-related illnesses differs from a typical personal injury case. In many cases asbestos litigation, there are a lot of the same defendants (companies who are being sued) and many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.

To develop a successful asbestos defense, lawyers have to be able to access a large database that can pinpoint potential exposure sources. This includes looking over job sites, interviewing co-workers and getting records from employers and suppliers. This process involves locating and interviewing nurses or doctors who might be able to provide evidence regarding asbestos exposure.

This type of database is difficult to build, particularly when the data has been lost over time. In these instances it could be necessary to recreate the entire insurance program and claims database, using multiple sources, such as loss runs and claim files internal system, as well as defense counsel records. This could take a number of years or even decades to complete.

Asbestos attorneys should also access to a program that permits them to identify potential defendants and potential exposure sites. Attorneys can cut down on time and money by having this information readily available.

Following the massive bankruptcies of many asbestos producers attorneys for plaintiffs sought new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the number of defendants is paramount, and suits naming fewer than 100 defendants are a rarity.

Identifying the Defendants

Often, asbestos cases are founded on evidence based on facts that are discovered. Many asbestos companies denied for decades that their products could harm people, but after the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was in use at his work site, that they were exposed to it by inhaling dust and that exposure to the dust was a major factor in his injuries.

Since asbestos cases contain multiple defendants, the process of identifying defendants is different than a typical personal injury case. The key is to develop an information database that links employers, locations and products by speaking with relatives and coworkers as well as reviewing work orders and invoices, obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and workplace sites. The type of asbestos involved - amosite, chrysotile or crocidolite - is useful in identifying defendants since each product is manufactured by an individual manufacturer.

The defendants must take the time to review these facts and pinpoint any potential sources of exposure. This can involve 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, establishing an accurate database requires a lot of time and costly discovery.

Due to the sheer number of cases and the limited resources of many defendants asbestos cases are often transferred to multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and avoid the duplication of discovery.

Making a Case

Asbestos lawsuits require extensive investigation and the review of numerous documents. This can be particularly challenging because asbestos exposure often was a long time before the victim developed a health issue. To determine the source of the asbestos exposure, attorneys must conduct interviews and go through thousands of pages of documents like employment records and union documents tax files, social security records, medical and lab reports.

The plaintiffs' attorneys must also do everything they can to find other defendants. In certain instances, there could be as many as 40 defendants. To achieve this, they have to investigate the supply chain to investigate entities that may have a link to asbestos but who are not named in the lawsuit.

This process can be very time consuming, especially when the claimant suffers from mesothelioma or other serious diseases. It can be difficult to locate witnesses and gather physical evidence.

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

A successful asbestos litigation strategy requires a lot of knowledge of this complicated legal field. 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 serve as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad variety of defendants, including distributors, manufacturers, and contractors. We have a wealth of experience developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must carefully prepare their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they could be. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying the exhibits that will be used during the trial. The process can take years long in complex cases.

Before developing mesothelioma asbestos victims develop a lesser disease like asbestosis, and pleural plaque. Asbestosis symptoms include tightening of the lungs which could cause breathing problems, coughing and chest pain.

Asbestos victims' attorneys must also examine the evidence to determine any potential defendants who could be held liable for the asbestos injuries. This includes speaking with coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and obtaining various documents.

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

Congress has offered a variety of legislative remedies to resolve asbestos lawyer lawsuits. The efforts have not been effective due to a myriad of complex political factors. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos companies accountable for their behavior.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our lawyers have held manufacturers, insurance companies, and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts, which are assigned cases by judges who have expertise in asbestos-related matters.

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 at the annual and winter conventions and in educational seminars on asbestos litigation.