A Cheat Sheet For The Ultimate On Asbestos Litigation
Asbestos Litigation
Each asbestos case is distinct however, the general procedure for defending claims involving asbestos is the same. Your lawyer will require you to conduct a deposition of the plaintiff.
A person's exposure to asbestos can come from many places, not just one employer or company. This is the reason asbestos cases usually involve multiple defendants.
Identifying the source of exposure
Identifying asbestos exposure is an important step to file an asbestos claim. Lawyers representing victims typically make use of medical records to determine the source of asbestos. This can assist victims in receiving compensation from the companies that are responsible for their asbestos exposure.
Compensation is required by mesothelioma patients and their families to cover the expense of expensive treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma being diagnosed.
Asbestos cases are complex legal issues. Victims need to know their rights and procedures. While attorneys can handle many aspects of a case the plaintiffs are expected to take part in their own case. This includes responding promptly to requests for discovery and attending court depositions.
Remember that the statutes are limited in New York, and you should consult an asbestos attorney as soon as you can. If you don't submit your claim within the stipulated time frame you could be denied on financial compensation.
In some instances, victims have been exposed to asbestos products manufactured by several companies. In these instances, lawyers representing the victims will be required to identify all asbestos-containing products, as well the companies and contractors that supplied the asbestos-containing products.
Asbestos lawsuits are the longest-running mass tort in American history. It's responsible for numerous bankruptcy filings from asbestos manufacturers. Many of these companies have created trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to contest evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory ailments. This is despite research conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
Making an Database
A case involving mesothelioma or other asbestos-related illnesses is different from any typical personal injury lawsuit. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and same expert witnesses.
In order to develop a strong defense in an asbestos-related case attorneys need access to a comprehensive database that can help identify potential exposure sources. This involves reviewing the job site, interviewing coworkers and obtaining documents from suppliers and employers. This involves locating and interviewing doctors or nurses who may be able to be able to testify about asbestos exposure.
The creation of this type of database can be a challenge particularly when the data was lost or destroyed over the course of time. In these situations, it may be necessary to reconstruct the entire insurance program and claims database using multiple sources like loss runs, claim files internal system and defense counsel records. It could take years, or years to complete.
Asbestos attorneys must also have access a program which lets them identify potential defendants and locate potential exposure sites. Attorneys can cut down on time and money by having this information available to them.
Following the massive bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking 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 number of defendants is paramount, and lawsuits that name less than 100 defendants are not common.
Identifying the defendants
Often, 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 lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used in the workplace, that he inhaled dust from the product, and that exposure to the product was a major reason for his injuries.
Since asbestos attorney cases involve multiple defendants, the process of identifying defendants is different than the typical personal injury case. Through interviews with coworkers and family members, reviewing invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples taken from the plaintiff's workplace and home it is possible to create an information database that connects employers locations, workplaces, and products. It is also a good way to identify defendants if you are aware of the type of asbestos, such as chrysotile or amosite.
Defendants must carefully review these facts, and identify all possible exposure sources. This could include a thorough review of more than 40 years of records from the Social Security, tax, union and other records of a worker. Because the time lag for asbestos-related injuries is long, creating an accurate database requires extensive and costly research.
Due to the huge number of asbestos cases and limited resources of many defendants in federal courts, a lot of asbestos attorneys cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants to pool resources and avoid duplication of discovery.
Case Development
Asbestos suits require extensive research and the examination of numerous documents. This can be a particularly difficult task, since asbestos exposure is often a long time before the person who suffers from illness. To determine the sources of the exposure, attorneys must conduct interviews and carefully review the thousands of pages of documents like employment records, union documents as well as social security and tax records, and medical and laboratory reports.
The plaintiffs' attorneys must do all they can to identify other defendants. In many cases, the number of defendants can be as high as 30 or 40. To accomplish this, they need to investigate the supply chain to investigate companies that could have a nexus with asbestos but who are not included in the lawsuit.
This process can be extremely time-consuming, especially if the claimant has mesothelioma or any other serious illness. It can be difficult to find witnesses and collect physical evidence.
A mesothelioma lawyer will attempt to identify all defendants and the connection to the victim's exposure. This can include a thorough examination of the last 40 years of a victim's life, which may include interviews as well as a review of their social security, labor, union and tax records.
A successful asbestos litigation strategy depends on extensive experience in a complicated area of law. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in the defense of companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide array of defendants, which includes 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 carefully prepare their cases prior to trial to ensure that their clients' arguments and evidence are the strongest they can be. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying the exhibits that will be used during the trial. This process can be several years in the case of complex cases.
Many asbestos victims are diagnosed with a less serious disease like asbestosis, the pleural plaque or fibrosis, prior to the development of mesothelioma. Asbestosis can cause chest pain, coughing, and breathing difficulties.
Asbestos victims' attorneys must also carefully review the evidence to determine any potential defendants who could be held accountable for asbestos-related injuries. This includes interviewing family members, coworkers, asbestos abatement workers and asbestos manufacturers, in addition to getting various documents.
After a lawyer has identified a possible defendant, they must then determine the liability of that party. The defendants can be businesses, individuals or government agencies. They are accountable for their actions that were negligent.
A variety of legislative solutions to end asbestos litigation have been formulated in Congress. These efforts haven't 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 actions.
Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the nation. Our lawyers 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 regular, life, sustainer, and President's Club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server, at annual and winter conventions and participate in educational seminars on asbestos litigation.