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Asbestos Litigation

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

The exposure of an individual to asbestos can be triggered by multiple sources, not just one employer or company. This is why asbestos cases typically involve multiple defendants.

Find out the source of exposure

In order to submit an asbestos claim it is essential to determine the source of asbestos exposure. Attorneys for victims can often utilize medical records to determine the source of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure.

Mesothelioma patients and their families need compensation to cover the cost of mesothelioma treatments. Compensation can also help families cope with the emotional burdens of mesothelioma diagnosis.

Asbestos lawsuits are complex legal cases, and victims need to know their rights and how the process works. While attorneys are able to handle a variety of aspects of a case, they are expected to participate in the case. This includes responding quickly to discovery requests and participating in court depositions.

Remember that the statutes are limited in New York, and you should seek advice from an asbestos lawyer; try this website, immediately if you are able to. In the event of not filing an asbestos claim within the proper time frame could result in missing out on financial compensation.

In some instances victims have been exposed to asbestos-containing products produced by several companies. In these cases, the victims' attorneys may need to identify the manufacturers of each product, as well as the contractors or employers who provided the asbestos-containing materials.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for dozens of bankruptcy filings by asbestos producers. Many of these companies established trust funds for asbestos victims. However, asbestos defendants continue to dispute evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory diseases. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating an Database

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

To be able to build a viable defense in an asbestos case, attorneys must have access to a vast database that can pinpoint potential sources of exposure. This involves reviewing the job site, interviewing coworkers, and obtaining documents from employers and suppliers. The process also involves tracking down and interviewing doctors and nurses who can testify about asbestos exposure.

Making this kind of database can be difficult particularly when the data has been lost or destroyed over time. When this occurs it may require the reconstruction of a complete claims database as well as an insurance program, often from a variety of sources, including loss runs claims files, internal systems and defense counsel records. It can take years, or even years, to complete.

Asbestos lawyers should also have access to a software that allows them to locate potential exposure areas and identify potential defendants. Attorneys can save time and money by having this information at their fingertips.

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 trial groups where the number of defendants is paramount, and suits that name fewer than 100 defendants are not common.

Identifying the Defendants

The majority of asbestos lawsuits are based on factual evidence that is discovered. Asbestos companies denied for many years that their products could cause harm, but after lawsuits started the company's documents revealed evidence of the dangers. These documents can be used to prove that certain products of the defendant caused injuries. To win a lawsuit, the plaintiff must prove that the defendant's product were used at his work place, that he breathed in dust from the product, and that the exposure was a major factor in his injuries.

Because asbestos cases involve multiple defendants, the method of identifying defendants is different from a typical personal injury case. Through interviews with coworkers and family members, reviewing invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples taken from the plaintiff's workplace and home it is possible to establish a database that links employers, locations, and products. It can also help to identify defendants if you are aware of the kind of asbestos, like amosite or chrysotile.

The defendants must take the time to review the facts and determine any potential sources of exposure. This could involve a thorough examination of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the time between asbestos injuries is so long, establishing an accurate database is a lengthy and costly research.

Due to the huge number of cases and the limited resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent duplicate discovery.

Case Development

Asbestos suits require a lot of research and the examination of many documents. This can be a particularly difficult job, as asbestos exposure often occurs years before a person is diagnosed with a disease. In order to identify the sources of exposure, attorneys must conduct interviews and carefully go through hundreds of pages of documentation like the employment records, union documents, social security and tax files as well as medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to locate additional defendants. In some cases, there can be as many as 40 defendants. To do this, they have to examine the supply chain to investigate companies that could have a nexus with asbestos, but aren't mentioned in the lawsuit.

This process is time-consuming, especially when the claimant suffers from mesothelioma or any other serious illness. In addition, it can be often difficult to locate witnesses and get physical evidence.

A mesothelioma lawyer will identify all potential defendants, and their relationship to victim's exposure. This may require a thorough review of over 40 years of the victim's life via interviews, as well as a look at their social security, union, labor and tax records.

A successful asbestos litigation strategy relies on years of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos lawsuit litigation since our inception in 1994 and are experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide array of defendants, which includes product manufacturers, distributors and contractors. We have extensive expertise in developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Prepare for Trial

Lawyers need to carefully prepare their cases prior to trial to ensure that their clients are able to present the strongest arguments and evidence possible. This includes reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used at the trial. This process can take lengthy in cases that are complex.

Many asbestos patients are diagnosed with a less serious disease such as asbestosis, the pleural plaque or fibrosis, prior to the development of mesothelioma. Asbestosis can cause chest pain, coughing and breathing difficulties.

Attorneys for asbestos victims must also carefully look over the evidence to identify potential defendants who could be held accountable for the asbestos lawsuit-related harms. This involves interviewing co-workers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

After an attorney has identified a potential defendant, they need to determine the liability of that party. The defendants could be businesses, individuals or government agencies. They must be held responsible for their negligent acts.

Many legislative solutions to solve asbestos litigation have been proposed in Congress. These efforts haven't been successful due to a variety of complicated political factors. Asbestos victims along with their lawyers and government are committed to holding negligent asbestos firms accountable for their conduct.

Waters Kraus & Paul is an attorney firm that has handled a variety of cases in New York State and across the country. Our lawyers have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in 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, Sustaining, and President's Club members. Members network and discuss legal issues and strategies on the Group's plaintiff-only list server, at annual and winter conventions, as well as in seminars for education on asbestos litigation.