Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending against claims based on asbestos is the same. Your attorney will want to conduct a deposition with the plaintiff.

The source of asbestos exposure can be many, not just one employer or business. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

In order to make an asbestos claim, it is important to identify asbestos exposure. Often, attorneys representing victims can use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their 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 burden of mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal proceedings, and the victims must be aware of their rights and how the process works. While attorneys are able to handle a variety of aspects of a case they are expected to be involved in the case. This includes responding promptly to discovery requests and participating in court depositions.

It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is essential to seek out an experienced asbestos lawyer as soon as you can. If you don't file your claim within the prescribed time frame you could be denied on financial compensation.

In some instances asbestos-containing products manufactured by multiple companies have been used to expose victims. In these instances, victims' attorneys will have to determine the source of all asbestos-containing products, and the employers and contractors who supplied the materials.

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies set up trust funds for asbestos victims. However, asbestos defendants continue to challenge evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory ailments. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making a Database

A lawsuit involving asbestos-related illnesses or mesothelioma is distinct from a typical personal injury claim. 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 and many of the same expert witnesses.

To build a successful defense in an asbestos case, attorneys must have access to a database that can help identify possible sources of exposure. This includes reviewing the job site, interviewing coworkers, and obtaining documents from suppliers and employers. This involves locating and interviewing nurses or doctors who might be able to be able to testify about asbestos exposure.

Developing this type of database can be a challenge particularly in situations where the data was lost or destroyed over time. When this happens it could require the reconstruction of a complete claims database and insurance program, often from multiple sources like loss runs and claim files, internal systems and defense counsel records. This could take a number of years or even decades to complete.

Asbestos attorneys should also access to a program that allows them to identify potential defendants and potential exposure sites. Attorneys can save time and money by having this information available to them.

After the mass bankruptcies of many asbestos producers, plaintiffs' lawyers sought new defendants to name in their lawsuits. Because 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 cases is often established through discovery. Many asbestos companies have denied for years that their products could cause harm to people, but when the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can aid plaintiffs prove that specific defendants' products caused their injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used in his work place, that he breathed in dust from the product and that exposure to the product was a major reason for his injuries.

Because asbestos cases involve multiple defendants, the method of identifying defendants is different than an ordinary personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, obtaining documents from vendors and suppliers, and asbestoslitigationgroup analyzing latest asbestos litigation samples collected from the plaintiff's workplace and home it is possible to create an online database that links employers as well as locations and products. It can also help to identify defendants if you know the kind of asbestos, such as amosite or chrysotile.

The defendants must take the time to review the facts and determine all possible sources of exposure, which could involve a thorough review of more than forty years of a worker's existence through Social Security, asbestoslitigationgroup union, tax and other documents. Because the time between asbestos-related injuries is long, establishing an accurate database is a lengthy and costly investigation.

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

Case Development

asbestos exposure litigation suits require a lot of study and 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. To identify the source of exposure, lawyers must conduct interviews and review the thousands of pages of documents including employment records, union documents, social security and tax files, and medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to locate additional defendants. In many cases, the number defendants can be as high as 30 or 40. To accomplish this they need to look further down the supply chain and research companies that may have a connection to asbestos, even if they haven't been named in the litigation.

This process can be very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma, or other serious illnesses. Additionally, it is often difficult to find witnesses and obtain physical evidence.

A mesothelioma attorney will work to establish all potential defendants and their connections to the victim's exposure. This can include a thorough examination of the past 40 years of the victim's life, which may include interviews as well as a review of their social security and asbestoslitigationgroup union, as well as tax records.

A successful asbestos litigation strategy requires a wealth of experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our founding in 1994 and are national leaders in defending businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as managing the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience formulating and drafting crucial defenses such as expert 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 involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the case. This process can take a long time in complex cases.

Before developing mesothelioma, many asbestos victims develop a lesser disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis can cause coughing, chest pain, and difficulty breathing.

Lawyers for asbestos litigation meaning victims must also examine the evidence in order to identify potential defendants that could be held accountable for the asbestos-related harms. This includes interviewing coworkers or family members, abatement workers, asbestos manufacturers and obtaining various documents.

Once a lawyer has identified a possible defendant, they must then determine the liability of the person. The defendants could be businesses, individuals or government agencies. They must be held accountable for their wrongful actions.

Several legislative remedies to resolve asbestos litigation have been proposed in Congress. However, these initiatives have not been successful due to a number of political issues. Asbestos victims as well as their lawyers and the government remain determined to hold asbestos companies accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our lawyers have held insurance companies, and other responsible parties accountable for their role in asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are supervised by judges with experience in asbestos defense litigation cases.

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.