10 Times You ll Have To Learn About Asbestos Litigation
Asbestos Litigation
Each asbestos case is distinct however the process for defending such claims is the same. Your attorney will want you to conduct depositions of the plaintiff.
A person's exposure to asbestos can be triggered by multiple sources, not just a single employer or company. This is why asbestos cases typically involve multiple defendants.
Find out the source of exposure
Recognizing asbestos exposure is a crucial step in filing an asbestos lawsuit claim. Often, the attorneys of victims may use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.
Mesothelioma patients and their families require compensation to cover expensive mesothelioma-related treatment. Compensation can assist families in dealing with emotional stress with the mesothelioma diagnosis.
Asbestos lawsuits can be a complicated legal proceedings, and the victims need to know their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case the victims are expected to be involved in their case as well. This includes responding quickly to requests for discovery and attending depositions in court.
It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is important to consult an experienced asbestos attorney as soon as possible. Failure to file a claim within the appropriate time frame could result in the loss on financial compensation.
In a few instances asbestos-containing products manufactured by multiple companies have been used to expose victims. In these cases, lawyers representing the victims will be required to identify all asbestos-containing products, and the companies and contractors that supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for numerous bankruptcy filings filed by asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
Developing an Database
A case involving mesothelioma or other asbestos-related illnesses is different from any typical personal injury lawsuit. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms and the same expert witnesses.
To build a strong asbestos defense, attorneys need to have access to a vast database that can identify possible exposure sources. This includes reviewing the websites of employers, speaking with coworkers and getting information from suppliers and employers. This involves finding and interviewing nurses or doctors who might be able to be able to testify about asbestos exposure.
This type of database is difficult to create, particularly in the event that the data was lost over time. In these instances it could be necessary to recreate a complete insurance program and claims database making use of multiple sources, including loss runs, claim files internal system and defense counsel records. This could take a number of years or even decades to complete.
Asbestos attorneys must also have access to a software that permits them to identify potential defendants and locate potential exposure sites. Attorneys can cut down on time and money by having this information at their fingertips.
Following the massive bankruptcy of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and lawsuits naming less than 100 defendants is a rarity.
Identifying the Defendants
Most asbestos cases are based on evidence based on facts that are discovered. Many asbestos companies have denied for years that their products could harm people, but once the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To win a case, the plaintiff must prove that the defendant's product was used at his workplace, that they were exposed to it through inhalation of dust and that the exposure to the dust was a major reason for his injuries.
asbestos Lawyers cases usually involve multiple defendants. The process of identifying them is different from a personal injury lawsuit. By interviewing family and coworkers members, examining invoices and work orders, getting documents from suppliers and vendors, and analyzing asbestos samples from the plaintiff's work place and home, it is possible to create a database that links employers, locations, and products. The type of asbestos used - amosite, chrysotile or crocidolite - is useful in identifying defendants since each product is produced by an individual manufacturer.
Defendants are required to carefully examine these facts and identify all possible sources of exposure. This could include a thorough review of more than 40 years of records from Social Security, tax, union, and other records of a worker. Because of the long time lag of asbestos-related injuries, it's difficult and costly to build an accurate database.
Due to the huge number of cases and limited resources of defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and reduce duplication of discovery.
Developing a Case
Asbestos lawsuits involve extensive research and the review of a large number of documents. This can be a difficult job, as asbestos exposure can occur years before a person is diagnosed with a disease. To pinpoint the source of the asbestos exposure, lawyers must conduct interviews and review thousands pages of documentation including union and employment records tax files, social security files, lab and medical reports.
The plaintiffs' attorneys must do all they can to find other defendants. In some cases, there can be as high as 40 defendants. To achieve this, they must look further down the supply chain and research organizations that could have a connection to asbestos, even if they haven't been named in the litigation.
This process is often very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma, or other serious illnesses. Additionally, it is often difficult to find witnesses and to obtain physical evidence.
An attorney for mesothelioma will try to identify all defendants and their connections to the victim's exposure. This could require a thorough review of more than 40 years of the victim's history through interviews, as well as a look at their social security, union, labor 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 in 1994 and are nationally recognized as leaders in the 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 creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.
Prepare for the trial
Lawyers need to carefully prepare their cases prior to trial to ensure that their clients have the strongest arguments and evidence possible. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the trial. The process can take years long in complex cases.
Before developing mesothelioma asbestos victims develop a lesser disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis symptoms include a tightening of the lungs which can cause breathing difficulties, coughing, chest pain and so on.
Asbestos victims' attorneys must also carefully review the evidence to determine any potential defendants who could be held accountable for the asbestos-related injuries. This includes interviewing family members, colleagues asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and obtaining various documents.
Once an attorney has identified a potential defendant, they must then 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 offered a variety of legislative solutions to end asbestos lawsuits. These efforts have not been effective due to a myriad of complicated political issues. Asbestos victims and their lawyers are 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 nation. Our lawyers have held insurance companies, and other responsible entities accountable for their part in asbestos exposure. In Upstate New York asbestos lawyer litigation is divided into five judicial districts where cases are supervised 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 meet and discuss legal issues and strategies on the Group's plaintiff-only list server, at annual and winter conventions and participate in educational seminars on asbestos litigation.