The Three Greatest Moments In Asbestos Litigation History

Asbestos Litigation

Each asbestos case is distinct, but the general process for defending such claims is the same. Your attorney should take a deposition of the plaintiff.

The source of asbestos exposure could be numerous, not only one employer or business. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

To make an asbestos claim, it is important to identify asbestos exposure. Often, victims' attorneys can work with medical records to determine the cause of asbestos. This can assist victims in receiving compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma victims and their families are entitled to compensation to pay for mesothelioma treatment. Compensation can assist families in dealing with emotional stress with a mesothelioma diagnoses.

Asbestos lawsuits are complicated legal cases, and victims must be aware of their rights and how the process works. While attorneys can handle many aspects of a case, victims are expected to participate in their case as well. This includes responding quickly to discovery requests and participating in court depositions.

Be aware that the statutes are restricted in New York, and you should seek advice from an asbestos lawyer immediately if you are able to. If you fail to file your claim within the stipulated timeframe, you could lose out on financial compensation.

In some cases, asbestos products made by multiple companies have been used to expose victims. In these instances, lawyers representing the victims will have to determine the source of all asbestos-containing products, as well the employers and contractors who supplied the 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 for asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite research conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating a Database

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

To be able to build a successful defense in an asbestos-related case attorneys need access to a database that can pinpoint potential sources of exposure. This involves reviewing the work site, speaking with coworkers and getting documents from suppliers and employers. This process involves locating and interviewing nurses or doctors who might be able to testify regarding asbestos lawyers exposure.

This kind of database can be difficult to create, particularly if the data has been lost over time. In these situations it is possible to reconstruct a complete insurance program and claims database using multiple sources, including loss runs, claim files, internal system and defense counsel records. It can take years, or even years, to complete.

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

Following the massive bankruptcies of many asbestos producers attorneys for plaintiffs sought 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 suits naming less than 100 defendants is not common.

Identifying the defendants

Often, asbestos cases are founded on factual evidence that is discovered. Many asbestos companies denied for many years that their products could cause harm to people, but when lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used in the work place, that he breathed in dust from the product and that this exposure was a major factor in his injuries.

Since asbestos cases involve multiple defendants, the method of identifying defendants is different from the typical personal injury case. By interviewing coworkers and family members, reviewing invoices and work orders, obtaining documents from suppliers and vendors, and analyzing asbestos samples from the plaintiff's workplace and home it is possible to establish an online database that links employers, locations, and products. It can also help to identify defendants if you know the type of asbestos, such as chrysotile or amosite.

Defendants must carefully review these facts, and determine the possible sources of exposure. This can include a look at more than 40 years of records from Social Security, tax, union, and other records of the worker. Due to the long latency of asbestos-related injuries, it's difficult and costly to create an accurate database.

Because of the large numbers of cases and the limited resources of many defendants, many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources, and to avoid duplication of discovery.

Case Development

Asbestos lawsuits involve extensive investigation and the review of many documents. This can be particularly difficult since exposure to asbestos often occurred years before a victim developed a health issue. To identify the sources of exposure, attorneys must conduct interviews and carefully go through thousands of pages of documentation such as union documents, employment records tax and social security files, and medical and laboratory reports.

The lawyers representing the plaintiffs must do their best to locate additional defendants. In many instances, the number of defendants can be as high as 30 or 40. To achieve this they must go further down the supply chain and look into companies that may have a connection to asbestos, even if they haven't been named in the litigation.

This process can be very lengthy, especially if the plaintiff is suffering from mesothelioma or other serious illnesses. It can be difficult to locate witnesses and gather physical evidence.

A mesothelioma lawyer will attempt to identify all defendants and their connections to the victim's exposure. This may include a thorough examination of the past 40 years of the victim's life, which may include interviews and a look at their social security and union, as well as tax records.

A successful asbestos litigation strategy relies on extensive experience in a tangled area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception at the beginning of 1994. We are also experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad range of defendants, including product manufacturers, 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 carefully prepare their cases for trial in order to ensure that their clients' arguments and evidence are the strongest they can be. This includes reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used during the trial. This process can be years long in complex cases.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease like asbestosis, and pleural plaque. Asbestosis can cause chest pain, coughing and breathing problems.

Asbestos victims' lawyers must also scrutinize the evidence to identify any possible defendants who could be held liable for the asbestos injuries. This involves interviewing family members, coworkers, asbestos abatement workers and asbestos manufacturers, and getting various documents.

After a lawyer has identified a defendant, they must then determine the liability of that party. The defendants could be individuals, corporations or governmental agencies. They must be held responsible for their wrongful actions.

A variety of legislative solutions to end asbestos litigation have been proposed in Congress. However, these efforts have not been successful due to a variety of complex political reasons. Asbestos victims and their lawyers remain determined to hold negligent asbestos companies accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. Our attorneys have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts, where cases are assigned to judges who are familiar with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members, including regular, life, sustainer, 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 as well as in seminars for education on asbestos litigation.