The 10 Most Scariest Things About Asbestos Litigation

Asbestos Litigation

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

The cause of asbestos exposure can be numerous, not just one company or employer. That's why asbestos cases often involve multiple defendants.

Identifying the source of exposure

The identification of asbestos exposure is a crucial step in submitting an asbestos claim. Often, the attorneys of victims can use medical records to determine the cause of asbestos. This can help victims get compensation from companies accountable for asbestos exposure.

Mesothelioma victims and their families require compensation to cover the cost of mesothelioma-related treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.

asbestos attorney lawsuits are complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. While attorneys can handle a lot of aspects of a case victims are expected to participate in their case as well. This includes responding quickly to requests for discovery and attending 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 a denial on financial compensation.

In some cases victims were exposed to asbestos attorneys-containing products produced by multiple companies. In such cases, the victims' attorneys will have to determine the source of all asbestos-containing products, as well the contractors and employers who supplied the asbestos-containing products.

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

Developing an Database

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

In order to develop a viable defense in a case involving asbestos, attorneys must have access to a vast database that can pinpoint possible sources of exposure. This includes reviewing the websites of employers, speaking with coworkers and getting documents from suppliers and employers. This also involves the search for and interviewing nurses and doctors who are able to testify about asbestos exposure.

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

Asbestos lawyers also need access to a program that allows them to locate potential exposure sites and identify potential defendants. Attorneys can cut down on time and money by having this information available to them.

After the collapse of several asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and lawsuits naming less than 100 defendants is not common.

Identifying the defendants

The truthful basis of asbestos lawsuits is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but once lawsuits started the company's documents revealed evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant products caused their injuries. To win a lawsuit, a plaintiff has to prove that the defendant's products were used at his work place, that he breathed in dust from the product and that the exposure was a major factor in his injuries.

Asbestos cases typically involve several defendants. The method of identifying them differs from a personal injury case. Through interviews with coworkers and family members, reviewing invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's workplace as well as home it is possible to build a database that links employers as well as locations and products. It is also a good way to identify defendants if one knows the type of asbestos, like amosite or chrysotile.

The defendants must be attentive to the facts and determine the possible sources of exposure. This may require a review of more than forty years of a person's life through Social Security, union, tax and other documents. Because the time between asbestos-related injuries is long, creating an accurate database is a lengthy and costly discovery.

Due to the high volume of asbestos cases and the insufficient resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants to share their resources and reduce duplicate discovery.

Case Development

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

The attorneys representing the plaintiffs must do all they can to find other defendants. In some cases, there can be as many as 40 defendants. To achieve this they need to look further down the supply chain and research entities with a possible nexus to asbestos attorneys, but have not been named in the lawsuit.

This process is long, particularly if the claimant has mesothelioma or other serious illnesses. Additionally, it is often difficult to find witnesses and obtain physical evidence.

A mesothelioma attorney will work to establish all potential defendants and the connection to the victim's exposure. This could be accomplished by a thorough analysis of more than 40 years of the victim's life through interviews and a review of their social security, union, and tax records.

A successful asbestos litigation strategy requires a lot of experience in this complex legal field. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our founding at the beginning of 1994. We are also experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the 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 extensive expertise in formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for trial

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

Before developing mesothelioma asbestos sufferers develop a less severe disease, such as asbestosis or and pleural plaque. Asbestosis can cause coughing, chest pain, and breathing difficulties.

Asbestos victims' attorneys must also scrutinize the evidence to identify any potential defendants who could be held liable for the asbestos-related injuries. This involves interviewing co-workers and family members, asbestos asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents.

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

A variety of legislative solutions to end asbestos litigation have been proposed in Congress. These efforts haven't been effective due to a myriad of complicated political factors. 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 throughout New York state and across the nation. Our attorneys have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is handled by five judicial districts where cases are assigned to judges who are familiar with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at annual and Winter conventions.