How To Beat Your Boss Asbestos Litigation

Asbestos Litigation

Every asbestos case is different, but the general procedure for defending against such claims is the same. Your lawyer will need to interview the plaintiff.

The exposure of a person to asbestos can be triggered by many places, not just an employer or a company. This is the reason asbestos cases typically involve multiple defendants.

Identifying the source of exposure

Recognizing asbestos exposure is a crucial step to file an asbestos claim. Lawyers for victims often utilize medical records to determine the source of asbestos. This can help victims get compensation from the companies responsible for their asbestos exposure.

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

Asbestos lawsuits are complex legal proceedings, and the victims need to know their rights and the way in which the process operates. Attorneys are able to handle a variety of aspects of a case they are expected to be involved in the proceedings. This includes responding to discovery requests and taking depositions.

It is also important to remember that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos lawyer as soon as possible. If you fail to submit your claim within the specified time frame you could be unable to collect on financial compensation.

In a few instances asbestos-containing products manufactured by multiple companies have been used to expose victims. In these instances, lawyers representing the victims need to identify all the asbestos-containing products, as well the companies and contractors that supplied the asbestos-containing products.

Asbestos litigation has been the longest-running mass tort in American history. It is responsible for dozens bankruptcy filings by asbestos lawyers manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue to dispute evidence linking mesothelioma and asbestos lawsuit exposure lung cancer, or other respiratory illnesses. This is despite studies conducted by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Developing an Database

A lawsuit involving asbestos-related diseases or mesothelioma is different than a typical personal injury claim. In a lot of asbestos litigation cases, plaintiffs are represented by the same law firms and 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 job site, talking to coworkers and obtaining documents from employers and suppliers. This process involves locating and interviewing nurses or doctors who may be able to provide evidence regarding asbestos exposure.

This kind of database can be difficult to build, particularly if the data has been lost over time. If this happens, it can require the reconstruction of a complete claims database and insurance program, often from a variety of sources, including loss runs, claim files, internal systems, and defense counsel records. This can take many years or even years to complete.

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

After the bankruptcy of many asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and suits that name fewer than 100 defendants are a rarity.

Identifying the defendants

Most asbestos lawsuits are based by factual evidence that's later discovered. Many asbestos companies denied for decades that their products could harm people, but after lawsuits began, company documents came to light and revealed evidence of the dangers. These documents can help plaintiffs prove that a specific defendant products were responsible for their injuries. To win a case a plaintiff must demonstrate that the defendant's product was used at his workplace, that the worker was exposed to it through inhalation of dust, and that the exposure to the dust was a major factor in his injuries.

Since asbestos cases have multiple defendants, the process of identifying defendants is different from an ordinary personal injury case. The key is to build 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 as well as documents from suppliers and vendors and analyzing samples from the plaintiff's home and workplace websites. It is also a good way to identify defendants if one knows the type of asbestos such as chrysotile or amosite.

The defendants are required to thoroughly examine these facts and determine all possible sources of exposure. This can include a thorough review of more than 40 years of records from the Social Security, tax, union and other records of a worker. Due to the long latency of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Due to the sheer number of cases and the insufficient resources of defendants, many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and reduce duplication of discovery.

Developing a Case

Asbestos lawsuits involve extensive research and the review of a large number of documents. This can be a difficult task because asbestos exposure can occur years before the victim becomes ill. To determine the sources of exposure, lawyers must conduct interviews and look over hundreds of pages of documentation like the employment records, union documents tax and social security files as well as medical and laboratory reports.

The plaintiffs' lawyers also must do their best to find additional defendants. In certain instances, there could be as many as 40 defendants. To accomplish this they need to look further down the supply chain and research entities with a possible nexus to asbestos, but have not been identified in the lawsuit.

This process can be very lengthy, especially if a claimant is suffering from mesothelioma or other serious diseases. It is also difficult to locate witnesses and collect physical evidence.

A mesothelioma lawyer will attempt to determine the identity of all defendants and the connection to the victim's exposure. This can include a thorough examination of the past 40 years of the victim's life. This may include interviews as well as a review of their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy requires a wealth of knowledge of this complicated legal field. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending companies in multi-jurisdictional, global litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad array of defendants, which includes distributors, manufacturers and contractors. We have a wealth of experience creating and implementing crucial defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for Trial

Lawyers must carefully prepare their cases prior to trial to ensure that their clients have the strongest arguments and evidence possible. This includes reviewing medical records, gathering all witnesses and identifying evidence to be used in the trial. This process can be several years in the case of complex cases.

Before developing mesothelioma, many asbestos patients develop a lesser disease like asbestosis, and pleural plaque. Asbestosis can cause chest pain, coughing and breathing problems.

Attorneys representing asbestos victims must also review the evidence to identify potential defendants who could be held accountable for the asbestos-related harms. This includes interviewing coworkers, family asbestos abatement workers, asbestos abatement experts and asbestos attorney manufacturers, as well as getting various documents.

After identifying a potential defendant An attorney must determine the liability of the defendant. The defendants may be individuals, companies or governmental agencies. They are accountable for their negligent acts.

Congress has proposed several legislative solutions to settle asbestos lawsuits. These efforts haven't been effective due to a myriad of complicated political issues. Asbestos victims and their lawyers are still committed to holding negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled hundreds of cases in New York State and across the country. Our attorneys have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts where cases are supervised by judges who have experience in asbestos-related matters.

The Asbestos Litigation Group is open to AAJ Regular 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 in educational seminars on asbestos litigation.