The Three Greatest Moments In Asbestos Litigation History

Asbestos Litigation

Each asbestos case is different however, the general procedure for defending claims involving asbestos is similar. Your lawyer will ask you to conduct a deposition of the plaintiff.

The cause of asbestos exposure can be many, not just one employer or company. This is why asbestos cases typically involve multiple defendants.

Determining the Source of Exposure

To submit an asbestos claim it is important to identify asbestos exposure. Attorneys for victims can often make use of medical records to determine the source of asbestos. This could help victims receive compensation from the companies responsible for asbestos exposure.

Mesothelioma victims and their families are entitled to compensation to cover the cost of mesothelioma treatment. Compensation can also help families cope with the emotional burden of a mesothelioma diagnosis.

Asbestos lawsuits are complicated legal proceedings, and the victims must be aware of their rights and the way in which the process operates. While attorneys can handle many aspects of a case victims are expected to participate in their case as well. This includes responding to requests for discovery and attending depositions.

It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is important to speak with an experienced asbestos lawyer as soon as you can. Failure to file an asbestos claim within the required time frame could result in the loss on financial compensation.

In some cases asbestos-containing products manufactured by multiple companies have been used to expose victims. In such cases, the victims' attorneys will be required to identify all asbestos-containing products as well as the employers and contractors who supplied the asbestos-containing products.

Asbestos lawsuits are the longest-running mass tort in American history. It has been responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue to contest evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making the Database

A lawsuit involving asbestos-related illnesses or mesothelioma differs from a typical personal injury claim. In many cases, asbestos litigation involves many of the same defendants (companies that 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 successful asbestos defense, lawyers have to be able to access a large database that will help them identify potential exposure sources. This includes reviewing the job site, interviewing coworkers and getting documents from suppliers and employers. This involves finding and interviewing nurses or doctors who might be able to provide evidence regarding asbestos exposure.

Making this kind of database can be difficult particularly in situations where the data was lost or destroyed over the course of time. When this occurs, it can necessitate the reconstruction of a complete claims database as well as an insurance program, typically from a variety of sources, including loss runs and claim files, internal systems and defense counsel records. It can take a long time or even decades to complete.

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

After the bankruptcy of many asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and suits that name less than 100 defendants is a rarity.

Identifying the defendants

Most asbestos cases are based on evidence based on facts that are discovered. Asbestos companies have denied for a number of years that their products could cause harm, but after the lawsuits began documents from the company exposed evidence of the dangers. These documents can help plaintiffs prove that a specific defendant products caused their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was utilized at his workplace, that he was exposed to it inhaling dust and that the exposure to the dust was a major reason for his injuries.

Since asbestos cases contain multiple defendants, the method of identifying defendants is different than an ordinary personal injury case. The most important thing is to create a database linking employers and their locations, as well as products. This is done by interviewing co-workers and relatives as well as reviewing invoices and work orders as well as documents from vendors and suppliers and analyzing samples from the plaintiff's home and employment sites. The type of asbestos involved - amosite, chrysotile, or crocidolite - can also be useful in identifying defendants since each product is manufactured by a different manufacturer.

The defendants must take the time to review these facts and identify any potential sources of exposure, which may require a review of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is so long, the creation of an accurate database requires a lot of time 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 gives defendants to pool resources and avoid duplication of discovery.

The process of creating a case

Asbestos lawsuits involve extensive investigation and the review of a large number of documents. This can be particularly challenging because exposure to asbestos typically occurred long before the victim was diagnosed with a disease. To identify the source of exposure, lawyers must conduct interviews and carefully review thousands of pages of documentation including the employment records, union documents, social security and tax records and medical and laboratory reports.

The attorneys representing the plaintiffs must do their best to identify additional defendants. In many cases, the number of defendants could be as high as 30 or 40. To achieve this, they must look further down the supply chain and investigate organizations that could have a connection to asbestos, but have not been named in the lawsuit.

This process can be very time consuming, especially when a claimant is suffering from mesothelioma and other severe illnesses. In addition, it can be often difficult to find witnesses and get physical evidence.

A mesothelioma lawyer will attempt to determine the identity of all defendants and their connection to the victim's exposure. This may require a thorough examination of over 40 years of the victim's life through interviews, as well as a look at their social security, union, and tax records.

A successful asbestos litigation strategy depends on years of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception back in 1994. We are the experts in the nation's defense of companies involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide range of defendants, including product manufacturers, distributors, and contractors. We have extensive expertise in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Prepare for trial

Lawyers need to carefully prepare their cases before trial to ensure that their clients can present the strongest evidence and arguments possible. This includes reviewing medical records, preparing all witnesses and identifying the exhibits that will be used in the case. This process can take years in complicated cases.

Many asbestos sufferers have a less severe illness like asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's onset. Asbestosis symptoms can include tightening of the lungs which can cause breathing difficulties, coughing, and chest pain.

Lawyers for asbestos victims should also review the evidence to determine potential defendants who might be accountable for the asbestos-related harms. This involves interviewing coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos attorney manufacturers, and obtaining various documents.

After identifying a potential defendant, an attorney must determine the legal liability of this party. The defendants may be individuals, corporations or government agencies. They are held accountable for their actions that were negligent.

Congress has proposed several legislative solutions to end asbestos lawsuits. These efforts haven't been successful due to a variety of complex political factors. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. 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 where cases are assigned to judges that are experienced with asbestos issues.

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 plaintiff-only list server at the annual and winter conventions, as well as in seminars for education on asbestos litigation.