Ten Things You Need To Be Educated About Asbestos Litigation

Asbestos Litigation

Every asbestos case is different however the general procedure to defend against such claims is the same. Your attorney should conduct a deposition with the plaintiff.

The cause of asbestos exposure can be many, not just one company or employer. This is why asbestos cases typically involve multiple defendants.

Determine the source of exposure

Identifying asbestos exposure is an important step in filing an asbestos claim. Lawyers representing victims typically make use of medical records to determine the source of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure.

Mesothelioma victims and their families need compensation to cover the cost of mesothelioma treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.

Asbestos cases are a complex legal issues. Victims need to know their rights and the process. While attorneys can handle many aspects of a case victims are expected to participate in the case too. This includes responding to requests for discovery and attending depositions in court.

Remember that the statutes are restricted in New York, and you must consult an asbestos attorney immediately if you are able to. If you do not submit your claim within the prescribed time period you could be denied on financial compensation.

In some instances asbestos-containing products produced by multiple companies have been used to expose victims. In these cases, the victims lawyers may be required to identify the companies that made each product, as well as the employers or contractors who supplied asbestos-containing materials.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for hundreds of bankruptcy filings from asbestos lawsuit producers. Many of these companies have set up trust funds to pay compensation to asbestos victims. But asbestos defendants continue to contest evidence linking asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. This is despite research by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making an Database

A lawsuit involving asbestos-related diseases or mesothelioma differs from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies who are being sued) and many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.

To build a strong asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This includes reviewing job sites, talking to coworkers and getting documents from suppliers and employers. The process also involves the search for and interviewing nurses and doctors who are 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 time. In these situations it could be necessary to rebuild the entire insurance program and claims database making use of multiple sources, including loss runs, claim files, internal system and defense counsel records. It could take years, or decades to complete.

Asbestos lawyers also need access to a software that allows them to locate potential exposure areas and identify potential defendants. This information is available to attorneys can save time and money.

After the mass bankruptcies of many asbestos manufacturers, plaintiffs' lawyers sought new defendants to list in their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is king and lawsuits naming less than 100 defendants is not common.

Identifying the Defendants

Often, asbestos cases are based by factual evidence that's later discovered. Asbestos firms have denied for many years that their products could cause harm, but when the lawsuits began documents from the company exposed evidence of the dangers. These documents can assist 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 and 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.

Asbestos cases often involve multiple defendants. The process of identifying them is different from a personal injury case. The most important thing is to create an inventory of employers and their locations, as well as products. This is done by speaking with relatives and coworkers, reviewing invoices and work orders as well as documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and employment websites. The type of asbestos involved - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants because each product is produced by the same manufacturer.

The defendants must take the time to review the facts and determine all possible sources of exposure. This may require a examination of more than 40 years of a person's life through Social Security, union, tax and other records. Because the latency of asbestos-related injuries is long, establishing an accurate database requires a lot of time and costly research.

Due to the large number of asbestos 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 duplication of discovery.

Making a Case

Asbestos suits require a lot of research and the examination of many documents. This can be a difficult job, as asbestos exposure is often a long time before the person who suffers from illness. To pinpoint the source of the asbestos exposure, attorneys must conduct interviews and examine thousands of documents like employment records and union documents tax files, social security files, lab and medical reports.

The lawyers representing the plaintiffs have to do everything they can to locate additional defendants. In many cases, the number defendants can be as high as 30 or 40. To do so, they must look further down the supply chain and look into organizations that could have a connection to asbestos that have not been identified in the lawsuit.

This process can be extremely lengthy, especially if the claimant suffers from mesothelioma and other severe illnesses. In addition, it can be often difficult to locate witnesses and get physical evidence.

A mesothelioma lawyer will identify all potential defendants, and their connection to victim's exposure. This may require a thorough examination of over 40 years of the victim's history through interviews and a review of their social security, union, and tax records.

A successful asbestos lawyer litigation strategy requires a lot of experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception in 1994 and are 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 coordinate the interests of a wide range of defendants, including distributors, manufacturers, and contractors. We have a wealth of experience creating and implementing important defenses such as expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are as strong as they could be. This involves reviewing medical records, gathering all witnesses and identifying exhibits to be used in the trial. The process can take several years in the case of complex cases.

Many asbestos victims are diagnosed with a less serious disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis symptoms include a tightening of the lungs that can cause breathing difficulties, coughing, chest pain and so on.

Attorneys for asbestos victims must also carefully look over the evidence to identify potential defendants who could be held responsible for the asbestos-related injuries. This includes interviewing family members, colleagues asbestos abatement workers, asbestos lawyers abatement experts and asbestos manufacturers, and getting various documents.

Once a defendant is identified as a possible defendant, an attorney must determine the liability of the defendant. The defendants could be individuals, companies or governmental agencies. They are accountable for their negligent acts.

Many legislative solutions to solve asbestos litigation have been suggested in Congress. However, these attempts have failed due to a number of political issues. Asbestos victims, their lawyers and the government are determined to hold asbestos companies accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. Our attorneys have held insurance companies and other responsible parties accountable for their role in asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts where cases are assigned to judges that are experienced with asbestos-related issues.

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