Asbestos Litigation

Every asbestos case is different however, the general procedure to defend against such claims is the same. Your lawyer will need to interview the plaintiff.

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

Identifying the source of exposure

To submit an asbestos claim it is important to identify asbestos exposure. Lawyers for victims often make use of medical records to determine the source of asbestos. This can assist victims in obtaining compensation from the companies that are accountable for asbestos lawsuit exposure.

Compensation is essential for mesothelioma patients as well as their families to pay for the cost of expensive treatment. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.

asbestos lawsuits (link homepage) can be a complicated legal cases, and victims need to know their rights and how the process works. While attorneys are able to handle a variety of aspects of a case, they are expected to participate in the proceedings. This includes responding to discovery requests and participating in depositions in court.

Remember that the statutes are limited in New York, and you should consult an asbestos attorney as soon as you can. Failing to file an asbestos claim within the required time frame could result in missing out on financial compensation.

In some cases asbestos-containing products produced by several companies have been used to expose victims. In these cases, victims lawyers might need to identify the manufacturer of each product, as well as the contractors or employers who provided the asbestos-containing materials.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies set up trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making an Database

A lawsuit involving asbestos-related illnesses or mesothelioma is different than a typical personal injury lawsuit. In many cases asbestos litigation, there are many of the same defendants (companies that are sued) as well as many of the same law firms that represent plaintiffs and many of the same expert witnesses.

To build a strong defense in a case involving asbestos, attorneys must have access to a database that can pinpoint potential sources of exposure. This includes looking over job sites, talking to coworkers and obtaining records from employers and suppliers. This involves finding and interviewing doctors or nurses who might be able to testify regarding asbestos attorneys exposure.

Developing this type of database can be a challenge particularly in situations where the data was deleted or lost over time. When this happens it could require the reconstruction of an entire claims database and insurance program, usually from multiple sources such as loss runs claims files, internal systems, and defense counsel records. It can take years, or years, to complete.

Asbestos lawyers must also have access to a program that allows them to find potential exposure areas and identify potential defendants. The information that is at the fingertips of attorneys can 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 in which volume reigns supreme and suits naming fewer than 100 defendants are not common.

Identifying defendants

The majority of asbestos lawsuits are based on factual evidence that is discovered. Many asbestos companies denied for many years that their products could harm people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can help plaintiffs establish that certain defendants' products caused their injuries. To prevail in a lawsuit, a plaintiff has to demonstrate that the defendant's products were used at his workplace, and that he inhaled dust from the product, and that exposure to the product was a major reason for his injuries.

Because asbestos lawsuit cases contain multiple defendants, the process of identifying defendants is different than the typical personal injury case. Through interviews with coworkers and family members, examining invoices and work orders, getting documents from suppliers and vendors, and analyzing asbestos samples from the plaintiff's workplace as well as home, it is possible to build an information database that connects employers locations, workplaces, and products. The type of asbestos used - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants because each product is manufactured by the same manufacturer.

The defendants must be attentive to these facts and pinpoint all possible sources of exposure. This could involve a thorough review of more than 40 years of a worker's life through Social Security, union, tax and other records. Because the time lag for asbestos injuries is so long, establishing an accurate database is a lengthy and costly research.

Due to the large number of asbestos cases and the insufficient resources of defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and reduce the duplication of discovery.

Case Development

Asbestos lawsuits require a lot of investigation and the review of a large number of documents. This can be particularly difficult because exposure to asbestos typically was a long time before the victim developed a health issue. To pinpoint the source of the asbestos exposure, attorneys must conduct interviews and review thousands pages of documentation like union and employment records, tax files and social security files and lab and medical reports.

The lawyers representing the plaintiffs must do all they can to locate other defendants. In some cases, there can be as many as 40 defendants. To achieve this, they need to examine the supply chain to investigate companies that might have a link to asbestos lawyer, but are not mentioned in the lawsuit.

This process can be extremely time consuming, especially when the plaintiff is suffering from mesothelioma, or other serious diseases. It can be difficult to locate witnesses and collect physical evidence.

An attorney for mesothelioma will try to determine the identity of all defendants and their connection to the victim's exposure. This may include a thorough examination of the past 40 years of a victim's life, including interviews and a review their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy requires a lot of experience in this complex 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 in representing and managing the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience formulating and drafting crucial defenses such as expert testimony and jurisdictional Case Management Orders.

Preparing for the Trial

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

Before developing mesothelioma, many asbestos victims develop a lesser disease, such as asbestosis or pleural fibrosis or pleural plaque. Asbestosis can cause chest pain, coughing and breathing problems.

Attorneys representing asbestos victims should also examine the evidence in order to determine potential defendants that might be accountable for the asbestos-related harms. This includes speaking with family members, coworkers asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, as well as getting various documents.

After an attorney has identified a potential defendant, they must determine the liability of that party. The defendants may be individuals, companies or governmental agencies. They must be held accountable for their negligent actions.

Congress has proposed several legislative solutions to settle asbestos lawsuits. These efforts haven't been effective due to a myriad of complex political factors. Asbestos victims along with their lawyers and government are determined to hold negligent asbestos companies accountable for their behavior.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our lawyers have held manufacturers, insurance companies and other responsible parties accountable for their role in the asbestos exposure. 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 meet and discuss legal issues and strategies on the Group's only for plaintiffs list server during the annual and winter conventions, and in educational seminars on asbestos litigation.