Asbestos Litigation

Every asbestos case is different, but the general procedure to defend against claims based on asbestos is the same. Your lawyer will require you to conduct an interview with the plaintiff.

The cause of asbestos exposure could be numerous, not only one employer or business. This is why asbestos class action litigation cases typically involve multiple defendants.

Find out the source of exposure

The identification of asbestos exposure is a crucial step to file an asbestos claim. Often, attorneys representing victims may use medical records to determine the cause of asbestos. This can help victims receive compensation from the companies liable for asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can also help families cope with the emotional burdens of mesothelioma being diagnosed.

Asbestos lawsuits can be a complicated legal cases, and victims must be aware of their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case, the plaintiffs are expected to take part in the case too. This includes responding to discovery requests and participating in depositions in court.

It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is important to consult an experienced asbestos attorney whenever you can. In the event of not filing an asbestos litigation paralegal claim within the required time frame could result in the loss on financial compensation.

In some instances, victims were exposed to asbestos products manufactured by several companies. In these cases, victims lawyers may be required to identify the companies that made 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, and it has been the cause of hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. But asbestos defendants continue to challenge evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite research conducted by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making a Database

A lawsuit involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by same law firms and same expert witnesses.

To be able to build a successful asbestos defense, lawyers need to have access to an extensive database that will help them identify potential exposure sources. This includes looking over the websites of employers, speaking with coworkers and collecting records from employers and suppliers. This also involves the search for and interviewing doctors and nurses who can testify regarding asbestos exposure.

Developing this type of database can be difficult particularly when the data was deleted or lost over time. In these situations it could be necessary to rebuild an entire insurance program and claims database using multiple sources like loss runs, claim files internal system, as well as defense counsel records. This can take years, or decades to complete.

Asbestos lawyers must also access to a program that lets them identify potential defendants and potential exposure sites. The information that is at the fingertips of attorneys can help save time and money.

Following the bankruptcy of a number of asbestos producers, plaintiffs' attorneys looked for new defendants for their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits naming less than 100 defendants is rare.

Identifying the defendants

The actual basis of asbestos class action litigation cases is often established through discovery. Many asbestos companies resisted for years that their products could harm people, but once lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To win a case the plaintiff must show that the defendant's product was utilized at the workplace, that he was exposed to it by inhaling dust and that the exposure to the dust was a major factor in his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants is different from the typical personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos samples collected from the plaintiff's workplace as well as home it is possible to create a database that links employers, locations, and products. It is also a good way to identify defendants if one knows the type of asbestos, such as chrysotile or amosite.

Defendants must carefully look over these facts and identify all possible exposure sources. This may include a thorough review of more than 40 years of records from the Social Security, tax, union, and other documents of a worker. Because the time between asbestos litigation defense-related injuries is so long, creating an accurate database is a lengthy and costly discovery.

Due to the sheer number of cases and the limited resources of many defendants asbestos cases are often referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources, and also avoid duplicate discovery.

Case Development

Asbestos suits require extensive study and examination of numerous documents. This can be a difficult task, since asbestos exposure is often a long time before the victim becomes ill. To identify the source of exposure, attorneys must conduct interviews and carefully look over hundreds of pages of documentation like employment records, union documents as well as tax and social security files, and medical and laboratory reports.

The attorneys representing the plaintiffs must also do everything they can to find other defendants. In some cases, there can be as many as 40 defendants. To do this, they must investigate the supply chain to find companies that might have a connection with latest asbestos litigation, but aren't mentioned in the lawsuit.

This process can be extremely time-consuming, especially when the plaintiff suffers from mesothelioma or any other serious illness. It can be difficult to locate witnesses and gather physical evidence.

An attorney for mesothelioma will try to identify all defendants and their connection to the victim's exposure. This can be a thorough analysis of the last 40 years of a victim's life. This may include interviews and a review their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy relies on years of experience in a complicated area of law. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in the defense of companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide range of defendants, including product manufacturers, distributors, and contractors. We have extensive experience establishing and developing crucial defenses such as expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must carefully prepare their cases for trial in order to ensure that their clients' arguments and asbestos litigation cases evidence are the strongest they can be. This involves reviewing medical records, preparing all witnesses and identifying the exhibits that will be used in the trial. This process can take years in complex cases.

Before developing mesothelioma, many asbestos patients develop a lesser disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis symptoms include tightening of the lungs which can cause breathing difficulties, coughing and chest pain.

Asbestos victims' lawyers must also examine the evidence to identify any potential defendants who could be held responsible for the asbestos injuries. This involves interviewing co-workers or family members, abatement workers, asbestos manufacturers and obtaining various documents.

Once a defendant is identified as a possible defendant, an attorney must determine the liability of the party. The defendants could be individuals, corporations or governmental organizations. They must be held accountable for their negligent actions.

Congress has proposed several legislative solutions to settle asbestos lawsuits. However, these efforts have not been successful due to a number of complex political reasons. Asbestos victims and their lawyers remain determined to hold negligent asbestos companies accountable for their conduct.

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 asbestos manufacturers insurance companies, asbestos manufacturers, 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 matters.

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 also at annual and Winter conventions.