Ten Things You Need To Be Educated About Asbestos Litigation

Asbestos Litigation

Each asbestos case is distinct however, the general procedure to defend these claims is the same. Your attorney should conduct a deposition with the plaintiff.

A person's exposure to asbestos can come from many places, not just a single employer or company. This is why asbestos cases typically involve multiple defendants.

Identifying the source of exposure

Recognizing asbestos exposure is a crucial step in submitting an asbestos claim. Lawyers representing victims typically use 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 pay for mesothelioma treatments. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.

Asbestos lawsuits are complicated legal cases, and victims need to understand their rights and how the process works. While attorneys can handle many aspects of a case the plaintiffs are expected to take part in their case as well. This includes responding to requests for discovery and taking depositions.

Remember that the statutes are restricted in New York, and you should consult an asbestos attorney as soon a possible. Failing to file a claim within the appropriate timeframe could result in missing out on financial compensation.

In certain instances, victims have been exposed to asbestos lawyers-containing products produced by multiple companies. In these cases, lawyers representing the victims will have to determine the source of all asbestos-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 manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is despite research by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making a Database

A case involving mesothelioma or other asbestos-related diseases differs from a typical personal injury lawsuit. In many asbestos attorney litigation cases, the plaintiffs are represented by same law firms as well as the same expert witnesses.

To develop a successful asbestos defense, lawyers need to have access to a vast database that can pinpoint potential exposure sources. This includes examining the work site, speaking with coworkers and getting documents from suppliers and employers. The process also involves tracking down and interviewing nurses and doctors who can testify about asbestos exposure.

Developing this type of database can be challenging, especially in cases where the data was deleted or lost over time. In these cases it could be necessary to reconstruct the entire insurance program and claims database, using multiple sources, including loss runs, claim files internal system, as well as defense counsel records. This can take years, or years, to complete.

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

Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits naming less than 100 defendants is rare.

Identifying the defendants

The majority of asbestos lawsuits are based on factual evidence that is discovered. Many asbestos companies denied for decades that their products could cause harm to people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that particular defendants products caused injuries. To win a case the plaintiff must prove that the defendant's product was in use at his work site and that the worker was exposed to it inhaling dust and that the exposure to the dust was a major reason for his injuries.

Since asbestos cases have multiple defendants, the process of identifying defendants is different from a typical personal injury case. Through interviews with coworkers and family members, examining invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples taken from the plaintiff's workplace and home, it is possible to establish an information database that connects employers, locations, and products. It is also possible to identify defendants if you know the type of asbestos such as amosite or chrysotile.

Defendants must carefully review these facts and identify all possible sources of exposure, which may require a examination of more than 40 years of a worker's existence through Social Security, union, tax and other documents. Because of the long time lag of asbestos-related injuries, it is difficult and costly to create an accurate database.

Due to the sheer number of cases and limited resources of defendants Many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to pool resources and avoid duplication of discovery.

Making a Case

Asbestos lawsuits require a lot of research and the review of a large number of documents. This can be particularly difficult since exposure to asbestos often occurred years before a victim developed a health issue. To identify the source of the asbestos exposure, lawyers must conduct interview and carefully review thousands pages of documentation like employment records and union documents as well as tax files, social security files, medical and lab reports.

The attorneys representing the plaintiffs must also do everything they can to identify other defendants. In many cases, the number of defendants could be as high as 30 or 40. To accomplish this they must go further down the supply chain and look into organizations that could have a connection to asbestos, even if they haven't been identified in the lawsuit.

This process can be very long, particularly if the claimant has mesothelioma or other serious illnesses. It can be difficult to locate witnesses and collect physical evidence.

A mesothelioma lawyer will establish the potential defendants and their connection to victim's exposure. This can be a thorough analysis of the last 40 years of a victim's life. This may include interviews and a look at their social security, labor, union and tax records.

A successful asbestos attorneys litigation strategy requires extensive experience in this complex legal field. Since its inception in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leader in the nation in defending companies in multi-jurisdictional, global litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad array of defendants, which includes product manufacturers, distributors and contractors. We have extensive experience formulating and drafting key defenses including expert testimony, jurisdictional Case Management Orders.

Prepare for Trial

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

Many asbestos victims are diagnosed with a less serious disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's onset. Asbestosis can cause chest pain, coughing, and breathing problems.

Asbestos victims' attorneys must also carefully review the evidence to find potential defendants that could be held accountable for the asbestos injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and getting various documents.

After identifying a potential defendant An attorney must determine the responsibility of the defendant. The defendants may be individuals, corporations 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 haven't been effective due to a myriad of complicated political factors. Asbestos victims, their lawyers and the government 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 lawyers have held insurance companies and other responsible parties accountable for their role in the asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are assigned by judges who have experience in asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including regular, life, sustainer, and President's club members. Members meet and discuss legal issues and strategies on the Group's plaintiff-only list server at the annual and winter conventions and in educational seminars on asbestos litigation.