14 Smart Ways To Spend Your Left-Over Asbestos Litigation Budget

Asbestos Litigation

Every asbestos case is different 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.

A person's exposure to asbestos can come from multiple sources, not just a single employer or company. This is the reason asbestos cases usually involve multiple defendants.

Determine the source of exposure

To submit an asbestos lawsuits claim it is important to identify asbestos exposure. Often, victims' attorneys may use medical records to determine the source of asbestos. This could help victims receive compensation from the companies liable for their asbestos exposure.

Mesothelioma victims and their families require compensation to pay for mesothelioma treatment. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.

Asbestos cases can be a complicated legal cases. The victims must be aware of their rights and the process. While attorneys are able to handle a variety of aspects of a case they are expected to be involved in the case. This includes responding to discovery requests and taking depositions.

Remember that the statutes of limitations 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 prescribed timeframe you could be unable to collect on financial compensation.

In a few instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, the victims' attorneys may need to identify the manufacturer of each product, as well as the employers or contractors who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of numerous bankruptcy filings filed by asbestos producers. Many of these companies have set up trust funds to pay compensation to asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite research by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making an Database

A mesothelioma lawsuit or other asbestos-related diseases is distinct from 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 a lot of the same expert witnesses.

To be able to build a successful asbestos defense, attorneys need to be able to access a large database that can identify possible exposure sources. This involves reviewing the job site, interviewing coworkers and getting documents from employers and suppliers. This involves finding and interviewing doctors or nurses who may be able to provide evidence regarding asbestos exposure.

This kind of database is difficult to create, particularly if the data has been lost over time. In these cases it could be necessary to recreate the entire insurance program and claims database using multiple sources including loss runs, claim files, internal system and defense counsel records. It can take a long time or even years to complete.

Asbestos attorneys must also have access to a software that permits them to identify potential defendants and locate potential exposure sites. Having this information at the fingertips of lawyers can save both valuable time and money.

After the bankruptcy of many asbestos producers, plaintiffs' lawyers looked for new defendants for 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 suits that name fewer than 100 defendants are rare.

Identifying the defendants

Most asbestos cases are based on factual evidence that is discovered. Many asbestos lawsuit companies resisted for many years 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 aid plaintiffs prove that specific defendants products caused their injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was used at his work site and that he was exposed to it inhaling dust, and that the exposure was a significant reason for his injuries.

Asbestos cases often involve multiple defendants. The process of identifying them is different from a personal injury lawsuit. The key is to develop a database linking employers and their locations, as well as products. This is done by interviewing co-workers and relatives looking over invoices and work orders and obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's residence and work sites. It is also possible to identify defendants if you know the type of asbestos, such as amosite or chrysotile.

Defendants must carefully examine these facts and determine all possible exposure sources. This can include a review of over 40 years of records from the Social Security, tax, union and other records of the worker. Because the latency of asbestos injuries is so long, creating an accurate database requires a lot of time and costly investigation.

Due to the large number of asbestos lawsuit cases, and the limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants to share their resources and reduce duplicate discovery.

Case Development

Asbestos suits require extensive research and the examination of many documents. This can be particularly challenging because asbestos exposure often was a long time before the victim was diagnosed with a disease. In order to identify the sources of the exposure, lawyers need to conduct interviews and look over hundreds of pages of documentation including union documents, employment records as well as social security and tax files, and 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 do this, they need to investigate the supply chain to look into companies that might have a link to asbestos, but are not mentioned in the lawsuit.

This process is long, particularly if the claimant has mesothelioma or other serious illnesses. Additionally, it is often difficult to locate witnesses and get physical evidence.

A mesothelioma attorney will work to determine the identity of all defendants and their connections to the victim's exposure. This can require a thorough review of over 40 years of the victim's life through interviews and a review of their social security, union, and tax records.

A successful asbestos litigation strategy depends 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 in 1994 and are experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many different defendants, including product manufacturers distributors, suppliers, and contractors. We have extensive experience in creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for Trial

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

Many asbestos lawyer victims are diagnosed with a less serious disease such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's onset. Asbestosis can cause chest pain, coughing and difficulty breathing.

Lawyers for asbestos victims must also carefully review the evidence to identify potential defendants that could be held responsible for the asbestos-related harms. This may involve interviewing coworkers, family members, asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

After identifying a potential defendant An attorney must determine the legal liability of the party. The defendants can be businesses, individuals or government agencies. They are accountable for their negligent actions.

Several legislative remedies to resolve asbestos litigation have been proposed in Congress. However, these initiatives have not been successful due to a number of political issues. Asbestos victims, their lawyers and the government remain determined to hold asbestos companies accountable for their conduct.

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

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members interact and discuss legal issues and strategies on the group's plaintiff-only list server during the annual and winter conventions and participate in educational seminars on asbestos litigation.