25 Amazing Facts About Asbestos Litigation

Asbestos Litigation

Every asbestos case is different however the general procedure to defend against such claims is the same. Your lawyer will ask you to take depositions of the plaintiff.

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

Determine the source of exposure

Identifying asbestos exposure is an important step in filing an asbestos claim. Lawyers representing victims typically utilize medical records to determine asbestos' source. This can assist victims in receiving compensation from the companies responsible for asbestos exposure.

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

Asbestos lawsuits are complex legal proceedings, and the victims must be aware of their rights and the way in which the process operates. Attorneys are able to handle many aspects of a case they are expected to be involved in the process. This includes responding to discovery requests and participating in depositions in court.

It is also crucial to remember that the statutes of limitations in New York are limited, and it is important to consult an experienced asbestos lawyer whenever you can. Failing to file an asbestos claim within the required timeframe could result in a denial on financial compensation.

In some instances victims have been exposed to asbestos products manufactured by multiple companies. In these instances, lawyers representing the victims will have to determine the source of all asbestos lawyers-containing products as well as the contractors and employers who supplied the materials.

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for hundreds of bankruptcy filings from asbestos producers. Many of these companies established trust funds for asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies conducted by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing an Database

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

In order to develop a strong defense in a case involving asbestos, attorneys must have access to a database that can help identify potential exposure sources. This involves reviewing job sites, talking to coworkers and getting information from suppliers and employers. The process also involves finding and interviewing nurses and doctors who can testify regarding asbestos exposure.

Making this kind of database can be challenging, especially in cases where the data was deleted or lost over time. In these instances it is possible to reconstruct a complete insurance program and claims database, using multiple sources, such as loss runs and claim files, internal system and defense counsel records. It can take a long time or even years to complete.

Asbestos lawyers must also have access to a software that allows them to find potential exposure sites and identify potential defendants. Attorneys can cut down on time and money by having this information at their fingertips.

Following the massive bankruptcy of asbestos producers, plaintiffs' lawyers sought new defendants to list in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and suits naming fewer than 100 defendants are rare.

Identifying defendants

The truthful basis of asbestos cases is usually established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but when lawsuits began the company's documents exposed evidence of the dangers. These documents can assist plaintiffs prove that a specific defendant products were responsible for their injuries. To win a lawsuit, a plaintiff has to prove that the defendant's product were used at his work place, that he breathed in dust from the product and that exposure to the product was a major reason for his injuries.

Asbestos cases typically involve several defendants. The process of identifying them is different from a personal injury lawsuit. The key is to build a database linking employers, locations and products by speaking with relatives and coworkers, reviewing work orders and invoices, obtaining documents from suppliers and vendors and analyzing samples from the plaintiff's home as well as workplace sites. The type of asbestos involved - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants as each product is made by the same manufacturer.

The defendants are required to thoroughly look over these facts and identify all possible sources of exposure. This may include a look at more than 40 years of records from Social Security, tax, union and other records of the worker. Because the time between asbestos-related injuries is so long, the creation of an accurate database is a lengthy and costly investigation.

Due to the large number of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This gives defendants the opportunity to pool resources and also avoid duplicate discovery.

Developing a Case

Asbestos lawsuits require extensive investigation and the review of a large number of documents. This can be a challenge because asbestos exposure often occurred long before the victim developed a health issue. To identify the source of asbestos exposure, lawyers must conduct an interview and go through thousands of pages of documents, such as union and employment records, tax files and social security files and medical and laboratory reports.

The attorneys representing the plaintiffs must also do everything they can to find other defendants. In certain instances, there could be up to 40 defendants. To achieve this, they need to look down the supply chain to look into companies that might have a link to asbestos but who are not included in the lawsuit.

This process is often very time consuming, especially when the plaintiff is suffering from mesothelioma, or other serious diseases. It is also difficult to find witnesses and gather physical evidence.

A mesothelioma lawyer will identify the potential defendants and their relationship to victim's exposure. This can be accomplished by a thorough analysis of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, and tax records.

A successful asbestos litigation strategy is dependent on a wealth of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our founding back in 1994. We are the national leaders in defending businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as managing the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have a wealth of experience creating and implementing important defenses including expert testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they can be. This involves reviewing medical records and preparing all witnesses. It also involves identifying the exhibits that will be used in the trial. This process can take lengthy in cases that are complex.

Many asbestos victims have a less severe illness like asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis symptoms can include tightening of the lungs that can cause breathing difficulties, coughing and chest pain.

Lawyers for asbestos victims should also examine the evidence in order to identify potential defendants that could be held accountable for the asbestos-related injuries. This involves interviewing co-workers, family members, abatement workers, asbestos manufacturers and obtaining a variety of documents.

Once a defendant has been identified, an attorney must determine the liability of the party. The defendants could be businesses, individuals, or government agencies. They must be held accountable for their wrongful actions.

Congress has proposed several legislative solutions to settle asbestos attorney lawsuits. However, these attempts have not been successful due to a number of complex political reasons. Asbestos victims as well as their lawyers and the government remain committed to holding asbestos companies accountable for their actions.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the nation. Our attorneys have held manufacturers, insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts where cases are assigned by judges who have expertise in asbestos-related matters.

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