Asbestos Litigation

Each asbestos case is different however the process for defending claims involving asbestos is similar. Your lawyer will need to conduct a deposition with the plaintiff.

The source of asbestos exposure could be many, not just one employer or company. This is the reason asbestos cases usually involve multiple defendants.

Identifying the source of exposure

The identification of asbestos exposure is an important step to file an asbestos claim. Lawyers for victims often use medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for asbestos exposure.

Mesothelioma sufferers and their families require compensation to pay for mesothelioma treatment. Compensation can help families cope emotionally with a mesothelioma diagnoses.

Asbestos lawsuits can be a complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. While attorneys are able to handle many aspects of a case, they are expected to participate in the proceedings. This includes responding quickly to requests for discovery and attending court depositions.

It is also important to keep in mind that statutes of limitations in New York are limited, and it is essential to consult an experienced asbestos lawyer as soon as possible. If you fail to file your claim within the stipulated time period, you could lose out on financial compensation.

In certain instances, victims have been exposed to asbestos-containing products produced by various companies. In these cases, the victims' attorneys may need to identify the manufacturer of each product, in addition to the contractors or employers who supplied the asbestos-containing products.

Asbestos lawsuits are the longest-running mass tort of American history. It is responsible for numerous bankruptcy filings from asbestos manufacturers. Many of these companies have set up trust funds to compensate asbestos victims. However, asbestos defendants continue to challenge evidence linking asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating a Database

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

To build a strong asbestos defense, lawyers have to be able to access a large database that will help them identify potential exposure sources. This includes looking over job sites, talking to coworkers and obtaining documents from suppliers and employers. This also involves the search for and interviewing doctors and nurses who can testify about asbestos exposure.

This kind of database is difficult to create, particularly when the data has been lost over time. When this occurs it may require the reconstruction of a complete claims database as well as an insurance program, typically from multiple sources like loss runs, claim files, internal systems and defense counsel records. It can take years, or years to complete.

Asbestos attorneys should also access a program which allows them to identify potential defendants and potential exposure sites. The information that is at the fingertips of lawyers can help save time and money.

Following the massive bankruptcy of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and lawsuits naming less than 100 defendants is rare.

Identifying defendants

The majority of asbestos lawsuits are based by factual evidence that's later discovered. Asbestos companies have denied for a number of years that their products could cause harm, but when the lawsuits began, documents from the company provided evidence of the dangers. These documents can be used to prove that certain products of the defendant caused injuries. To win a case, the plaintiff must prove 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 cause of his injuries.

Asbestos cases often involve multiple defendants. The process of identifying them is different from a personal injury lawsuit. The key is to develop a database linking employers, locations and products through interviews with co-workers and relatives looking over work orders and invoices, obtaining documents from suppliers and vendors and analyzing samples from the plaintiff's home as well as work websites. It is also a good way to identify defendants if you are aware of the type of asbestos attorneys like amosite or chrysotile.

The defendants are required to thoroughly look over these facts and determine the possible exposure sources. This can include a thorough review of more than 40 years of records from the Social Security, tax, union and other records of workers. Because the time between asbestos injuries is so long, the creation of an accurate database requires extensive and costly research.

Due to the high volume of asbestos cases and the limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants to share their resources and avoid the duplication of discovery.

The process of creating a case

Asbestos lawsuits require a lot of research and the review of numerous documents. This can be a difficult task because asbestos exposure is often a long time before the victim becomes ill. To determine the source of the asbestos exposure, lawyers must conduct interview and carefully review thousands pages of documentation like union and employment records as well as tax files, social security files and lab and medical reports.

The plaintiffs' lawyers also have to do everything they can to find additional defendants. In many instances, the number of defendants could be as high as 30 or 40. To do this, they need to look down the supply chain to find companies that could have a nexus with asbestos but who are not named in the lawsuit.

This process is long, particularly when the plaintiff suffers from mesothelioma or other serious illnesses. It is also difficult to find witnesses and collect physical evidence.

An attorney for mesothelioma will try to establish all potential defendants and the connection to the victim's exposure. This could include a thorough examination of the last 40 years of the 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 knowledge of this complicated area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our founding in 1994 and are nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel in representing and coordinating the interests of many different defendants, including product manufacturers distributors, suppliers, and contractors. We have a wealth of experience formulating and drafting key defenses including expert testimony, jurisdictional Case Management Orders.

Prepare for the trial

Lawyers need to carefully prepare their cases prior to trial so that their clients have the strongest arguments and evidence possible. This involves reviewing medical records, preparing all witnesses and identifying evidence to be used in the case. This process can take years long in complex cases.

Many asbestos patients have a less severe illness such as asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's onset. Asbestosis symptoms include a tightening of the lungs which may cause difficulty breathing, coughing, and chest pain.

Lawyers for asbestos victims must also carefully examine the evidence in order to determine potential defendants who might be accountable for the asbestos injuries. This involves interviewing co-workers or family members, asbestos manufacturers, asbestos abatement workers and obtaining various documents.

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

Congress has enacted a number of legislative remedies to resolve asbestos attorneys lawsuits. These efforts have not been successful due to a range of complex political factors. 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. Our attorneys have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts which are assigned cases by judges with experience in asbestos-related matters.

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