20 Myths About Asbestos Litigation: Debunked

Asbestos Litigation

Each asbestos case is unique, but the general process for defending such claims is similar. Your attorney will want you to conduct a deposition of the plaintiff.

The cause of Asbestos Lawsuit exposure could be numerous, not just one employer or business. This is why asbestos cases usually involve multiple defendants.

Find out the source of exposure

Recognizing asbestos exposure is a crucial step in submitting an asbestos claim. Often, attorneys representing victims can work with medical records to determine the cause of asbestos. This can help victims get compensation from companies responsible for their asbestos exposure.

Compensation is essential for mesothelioma patients as well as their families to pay for the cost of costly treatment. Compensation can also help families cope with the emotional burdens of mesothelioma diagnosis.

Asbestos lawsuits are complicated legal proceedings, and the victims must be aware of their rights and the way in which the process operates. While attorneys can handle a lot of aspects of a case the victims are expected to be involved in their own case. This includes responding to discovery requests and participating in court depositions.

It is also important to keep in mind that statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos lawyer as soon as you can. In the event of not filing a claim within the appropriate timeframe could result in the loss on financial compensation.

In some instances, asbestos products made by several companies have been used to expose victims. In these instances, victims lawyers might need to identify the manufacturers of each product, in addition to the contractors or employers who provided the asbestos-containing materials.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of dozens of bankruptcy filings by asbestos producers. Many of these companies established trust funds for asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or 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 lawsuit involving asbestos lawyers-related illnesses or mesothelioma differs from a typical personal injury claim. In many cases, asbestos litigation involves many of the same defendants (companies that are sued), many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses.

To develop a successful asbestos defense, lawyers need to have access to a vast database that will help them identify potential exposure sources. This includes reviewing job sites, interviewing co-workers and getting information from suppliers and employers. The process also requires finding and interviewing nurses and doctors who are able to testify about asbestos exposure.

Making this kind of database can be a challenge, especially in cases where the data has been lost or destroyed over time. When this occurs, it can require the reconstruction of an entire claims database and insurance program, usually from a variety of sources, including loss runs and claim files, internal systems and defense counsel records. This can take years, or even years to complete.

Asbestos lawyers must also have access to a software that allows them locate potential exposure sites and identify potential defendants. This information is at the fingertips of lawyers can save time and money.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys searched for new defendants to their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the number of defendants is paramount, and suits naming fewer than 100 defendants are not common.

Identifying the defendants

The factual foundation of asbestos cases is usually established through discovery. Many asbestos companies have denied for many years that their products could harm people, but when the lawsuits started, documents from the company came to light and revealed 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 prove that the defendant's product was utilized at the workplace, that they were exposed to it by inhaling dust and that the exposure to the dust was a major cause of his injuries.

Asbestos cases typically involve multiple defendants. The method of identifying them differs from a personal injury lawsuit. Through interviews with coworkers and family members, looking over invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples taken from the plaintiff's workplace as well as home it is possible to establish an online database that links employers locations, workplaces, 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 the facts and determine the possible sources of exposure. This can involve a examination of more than 40 years of a person's life through Social Security, union, tax and other documents. Due to the long latency of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Because of the large numbers of cases and the limited resources of defendants Many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This gives defendants to share resources, and avoid duplication of discovery.

Case Development

Asbestos lawsuits require a lot of research and the review of numerous documents. This can be a challenge since exposure to asbestos often was a long time before the victim developed a health issue. To identify the source of asbestos exposure, lawyers must conduct interviews and examine thousands of documents, such as employment records and union documents as well as tax files, social security files, lab and medical reports.

The attorneys representing the plaintiffs have to do everything they can to identify additional defendants. In certain cases, there could be up to 40 defendants. To do so, they must look further down the supply chain and research companies that may have a connection to asbestos that have not been identified in the lawsuit.

This process is long, particularly when the plaintiff suffers from mesothelioma or any other serious illness. It can be difficult to locate witnesses and gather physical evidence.

A mesothelioma lawyer will establish the identity of all defendants who could be implicated, and their relationship to victim's exposure. This may require a thorough examination 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 the time of our establishment at the beginning of 1994. We are also national leaders in defending companies involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel as well as managing the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience in formulating and drafting important defenses, expert testimony and jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers need to carefully prepare their cases before trial so that their clients can present the strongest arguments and evidence possible. This includes reviewing medical records, gathering all witnesses and identifying evidence to be used in the case. The process can take several years in the case of complex cases.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease, such as asbestosis or and pleural plaque. Asbestosis symptoms include a tightening of the lungs which may cause difficulty breathing, coughing and chest pain.

Attorneys for asbestos victims should also look over the evidence to determine potential defendants who might be accountable for the asbestos-related injuries. This involves interviewing family members, coworkers, asbestos abatement workers and asbestos manufacturers, in addition to getting various documents.

Once a defendant has been identified an attorney must determine the liability of the defendant. The defendants may be individuals, companies or governmental agencies. They are accountable for their wrongful actions.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, these attempts have failed due to a variety of complex political reasons. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our attorneys have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, which are assigned cases by judges who have experience in asbestos cases.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.