Why No One Cares About Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending against claims based on asbestos is the same. Your lawyer will require you to conduct a deposition of the plaintiff.

The source of asbestos exposure could be many, not just one employer or company. This is why asbestos cases usually involve multiple defendants.

Determine the source of exposure

In order to make an asbestos claim, it is essential to determine the source of asbestos exposure. Often, the attorneys of victims may use medical records to determine the cause of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can help families cope when a mesothelioma diagnosis is announced.

Asbestos cases are complex legal cases. Victims need to know their rights and the procedure. While attorneys can handle many aspects of a case, the victims are expected to be involved in their own case. This includes responding to discovery requests and attending depositions.

Be aware that the statutes are restricted in New York, and you should consult an asbestos attorney as soon as you can. If you do not file your claim within the stipulated timeframe you could be unable to collect on financial compensation.

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

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of dozens of bankruptcy filings by asbestos producers. Many of these companies set up trust funds for asbestos victims. However, asbestos defendants continue to dispute evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

A lawsuit involving asbestos-related illnesses or mesothelioma is different than a typical personal injury lawsuit. In many cases, asbestos litigation involves many of the same defendants (companies who are being sued) as well as many of the same law firms representing plaintiffs and many of the same expert witnesses.

To develop a successful asbestos defense, lawyers need to have access to a vast database that can identify possible exposure sources. This involves reviewing the work site, speaking with coworkers, and obtaining documents from employers and suppliers. The process 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 build, particularly when the data has been lost over time. When this happens, it can necessitate the reconstruction of a complete claims database as well as an insurance program, typically from multiple sources like loss runs, claim files, internal systems, and defense counsel records. It can take years, or even decades, to complete.

Asbestos attorneys should also access a program which allows them to identify potential defendants and potential exposure sites. Lawyers can save time and money by having this information at their fingertips.

Following the massive bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and lawsuits naming less than 100 defendants is rare.

Identifying Defendants

The majority of asbestos lawsuits are based by factual evidence that's later discovered. Asbestos firms have denied for many 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 caused their injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used at his work place, that he breathed in dust from the product and that this exposure was a major cause of his injuries.

Asbestos cases usually involve several defendants. The method of identifying them is different from a personal injury case. By interviewing family and coworkers members, looking over 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 establish an information database that connects employers locations, workplaces, and products. 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.

Defendants must carefully examine these facts and identify all possible exposure sources. This may include a review of over 40 years of records from the Social Security, tax, union, and other documents of the worker. Because the latency of asbestos-related injuries is so long, the creation of an accurate database is a lengthy and costly research.

Due to the high volume of asbestos cases, and the limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share resources and prevent duplication of discovery.

Case Development

Asbestos suits require a lot of study and examination of many documents. This can be a difficult job, as asbestos exposure often occurs years before the victim becomes ill. To determine the sources of the exposure, attorneys must conduct interviews and review thousands of pages of documentation including union documents, employment records as well as tax and social security files as well as medical and laboratory reports.

The plaintiffs' lawyers also must do all they can to find additional defendants. In many instances, the number of defendants can be as high as 30 or 40. To achieve this, they must look further down the supply chain and look into companies that may have a connection to asbestos, even if they haven't been named in the lawsuit.

This process can be very time consuming, especially when the plaintiff is suffering from mesothelioma or other serious diseases. It can be difficult to locate witnesses and collect physical evidence.

A mesothelioma attorney will work to identify all defendants and their connection to the victim's exposure. This could be a thorough analysis of the last 40 years of a victim's life, which may include interviews and a review their social security and union, as well as tax records.

A successful asbestos litigation strategy requires a wealth of experience in this tangled area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception at the beginning of 1994. We are also nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad range of defendants, including distributors, manufacturers, and contractors. We have a wealth of experience establishing and developing key defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must meticulously prepare their cases before trial to ensure that their clients are able to present the strongest arguments and evidence possible. This involves reviewing medical records, gathering all witnesses and identifying evidence to be used in the trial. This can take a lot of time in cases that are complex.

Many asbestos victims develop a less severe disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis can cause chest pain, coughing and breathing difficulties.

Asbestos victims' lawyers must also scrutinize the evidence to determine any potential defendants who could be held responsible for the asbestos injuries. This includes interviewing coworkers or family members, asbestos lawyers manufacturers, asbestos abatement employees and obtaining a variety.

Once a defendant is identified as a possible defendant an attorney must determine the legal liability of the defendant. The defendants can be individuals, businesses or government agencies. They are accountable for their wrongful actions.

Many legislative solutions to solve asbestos lawsuit litigation have been suggested in Congress. However, these initiatives have failed due to a variety of political issues. Asbestos victims and their lawyers are determined to hold negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the country. Our attorneys have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges who are familiar with asbestos issues.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members meet and discuss legal issues and strategies on the Group's only for plaintiffs list server at the annual and winter conventions, and in educational seminars on asbestos litigation.