Three Greatest Moments In Asbestos Litigation History
Asbestos Litigation
Each asbestos case is unique however the general procedure for defending against such claims is the same. Your attorney will want to take a deposition of the plaintiff.
The source of asbestos exposure could be numerous, not just one employer or business. This is why asbestos cases typically involve multiple defendants.
Determining the Source of Exposure
The identification of asbestos exposure is an important step to file an asbestos claim. Often, attorneys representing victims may use medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.
Compensation is needed by mesothelioma patients as well as their families to pay for the expense of expensive treatment. Compensation can also help families cope with the emotional burden of a mesothelioma being diagnosed.
Asbestos lawsuits can be a complicated legal proceedings, and the victims need to know their rights and the way in which the process operates. While attorneys can handle a lot of aspects of a case the victims are expected to be involved in their case as well. This includes responding promptly to discovery requests and participating in depositions in court.
It is also crucial to remember that the statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos attorney whenever you can. If you do not file your claim within the prescribed time frame you could be unable to collect on financial compensation.
In some cases, asbestos products made by several companies have been used to expose victims. In these cases, victims lawyers might need to identify the companies that made each product, as well as the contractors or employers who supplied the asbestos-containing products.
asbestos lawsuit litigation is the longest-running mass tort in American history, and it has been the cause of dozens of bankruptcy filings by asbestos producers. Many of these companies have set up trust funds to pay compensation to asbestos victims. However, asbestos lawyers defendants continue to dispute evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making an Database
A case involving asbestos lawyers-related diseases or mesothelioma is different than a typical personal injury lawsuit. In many cases asbestos litigation, there are a lot of the same defendants (companies that are sued), many of the same law firms that represent plaintiffs, as well as many of the same expert witnesses.
To develop a successful asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This includes examining the work site, speaking with coworkers and getting documents from suppliers and employers. The process also involves tracking down and interviewing doctors and nurses who are able to testify about asbestos exposure.
This type of database is difficult to build, particularly in the event that the data was lost over time. When this happens, it can necessitate the reconstruction of an entire claims database and insurance program, typically from multiple sources like loss runs claims files, internal systems, and defense counsel records. This could take a number of years or even years to complete.
Asbestos attorneys must also have access to a program that permits them to identify potential defendants and locate potential exposure sites. Attorneys can save time and money by having this information at their fingertips.
After the mass bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in 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 lawsuits that name less than 100 defendants are not common.
Identifying the defendants
The truthful 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 after the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can help plaintiffs prove that specific defendants products caused their injuries. In order to win a lawsuit the plaintiff must demonstrate that the defendant's products were used in the work place, that he breathed in dust from the product and that this exposure was a major factor in his injuries.
Asbestos cases usually involve multiple defendants. The method of identifying them differs from a personal injury lawsuit. Through interviews with coworkers and family members, reviewing invoices and work orders, getting documents from vendors and suppliers, and analyzing asbestos samples collected from the plaintiff's work place and home, it is possible to create a database that links employers locations, workplaces, and products. It is also a good way to identify defendants if one knows the kind of asbestos, such as chrysotile or amosite.
The defendants are required to thoroughly examine these facts and identify all possible sources of exposure. This could include a look at more than 40 years of records from the Social Security, tax, union, and other documents of workers. Due to the long latency of asbestos-related injuries, it's difficult and costly to build an accurate database.
Due to the huge 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 the opportunity to share resources, and avoid duplication of discovery.
Case Development
Asbestos lawsuits involve extensive research and the examination of many documents. This can be a particularly difficult task because asbestos exposure often occurs years before the victim becomes ill. To determine the source of the asbestos exposure, attorneys must conduct an interview and examine thousands of documents including union and employment records tax files, social security files and lab and medical reports.
The plaintiffs' attorneys must also do everything they can to locate other defendants. In many cases, the number defendants can be as high as 30 or 40. To achieve this, they must examine the supply chain to find companies that could have a link to asbestos, but aren't mentioned in the lawsuit.
This process is often very lengthy, especially if the claimant suffers from mesothelioma, or other serious illnesses. It is also difficult to find witnesses and to gather evidence.
An attorney for mesothelioma will try to identify all defendants and their connection to the victim's exposure. This may include a thorough examination of the past 40 years of the victim's life, including interviews and a review their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy relies on a wealth of experience in a tangled area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our founding in 1994 and are nationally recognized as leaders in the defense of companies involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel as well as managing the interests of many different defendants, including product manufacturers distributors, suppliers, and contractors. We have a wealth of experience developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.
Prepare for the trial
Lawyers need to carefully prepare their cases ahead of trial so 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 during the trial. This process can take a long time in complex cases.
Before developing mesothelioma, many asbestos sufferers develop a less severe disease, such as asbestosis or and pleural plaque. Asbestosis symptoms include a tightening of the lungs that can cause breathing difficulties, coughing, chest pain and so on.
Asbestos victims' lawyers must also carefully review the evidence to determine any potential defendants who could be held liable for the asbestos injuries. This involves interviewing family members, coworkers, asbestos abatement workers and asbestos manufacturers, as well as getting various documents.
Once a lawyer has identified a defendant, they must then determine the liability of that person. The defendants could be individuals, companies or government agencies. They are accountable for their actions that were negligent.
Congress has enacted a number of legislative solutions to settle asbestos lawsuits. However, these efforts have not been successful due to a number of complicated political motives. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos companies accountable for their conduct.
The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our lawyers have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, which are assigned cases by judges who have expertise in asbestos cases.
The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's Club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server during the annual and winter conventions, and participate in educational seminars on Asbestos Lawsuit litigation.