What NOT To Do In The Asbestos Litigation Industry
Asbestos Litigation
Every asbestos case is different, but the general procedure to defend against claims based on asbestos is the same. Your lawyer will ask you to take an interview with the plaintiff.
The exposure of a person to asbestos can be triggered by many places, not just an employer or a company. This is why asbestos cases typically involve multiple defendants.
Determine the source of exposure
The identification of asbestos exposure is an important step in filing an asbestos claim. Often, victims' attorneys can use medical documents to determine the source of asbestos. This can assist victims in obtaining compensation from the companies responsible for their asbestos exposure.
Compensation is required by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis.
Asbestos lawsuits are complicated legal proceedings, and the victims need to know 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 their case as well. This includes responding to discovery requests and taking depositions.
Remember that the statutes of limitations are limited in New York, and you should consult an asbestos attorney as soon a possible. If you don't submit your claim within the specified timeframe, you could lose out on financial compensation.
In certain instances, victims were exposed to asbestos-containing products produced by multiple companies. In these cases, victims lawyers might need to identify the manufacturers of 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, and it has been responsible for dozens of bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. But asbestos defendants continue to contest evidence that links asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making a Database
A case involving mesothelioma or other asbestos-related diseases differs from a typical personal injury lawsuit. In many asbestos litigation cases, plaintiffs are represented by same law firms as well as the same expert witnesses.
To build a strong asbestos defense, lawyers need to have access to a vast database that can pinpoint potential exposure sources. This includes examining the job site, interviewing coworkers and getting documents from suppliers and employers. This involves finding and interviewing doctors or nurses who may be able be able to testify about asbestos exposure.
This kind of database is difficult to build, particularly in the event that the data was lost over time. In these cases it could be necessary to rebuild an entire insurance program and claims database, using multiple sources such as loss runs and claim files internal system and defense counsel records. It can take a long time or even years to complete.
Asbestos lawyers should also have access to a program that allows them to find potential exposure sites and to identify potential defendants. The information that is at the fingertips of attorneys can help save time and money.
Following the massive 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 king and suits naming less than 100 defendants is rare.
Identifying the Defendants
Often, asbestos lawsuits [click here to visit articlescad.com for free] are based by factual evidence that's later discovered. Asbestos companies denied for many years that their products could cause harm, but when lawsuits started the company's documents exposed evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. To win a case, the plaintiff must prove that the defendant's product was in use at the workplace, that he was exposed to it inhaling dust, and that the exposure was a significant cause of his injuries.
Asbestos cases often involve multiple defendants. The method of identifying them differs from a personal injury lawsuit. The key is to develop a database linking employers locations, products and locations through interviews with co-workers and relatives as well as reviewing invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and workplace websites. The type of asbestos involved - amosite, chrysotile or crocidolite - is helpful in identifying defendants because each product is manufactured by a different manufacturer.
The defendants must take the time to review the facts and determine any potential sources of exposure, which could involve a thorough 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 so long, establishing an accurate database requires extensive and costly discovery.
Due to the sheer number of cases and limited resources of many defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to share resources and also avoid duplicate discovery.
Case Development
Asbestos lawsuits require a lot of research and the examination of a large number of documents. This can be a particularly difficult job, as asbestos exposure often occurs years before a person is diagnosed with a disease. To determine the source of the asbestos exposure, attorneys must conduct interview and carefully examine thousands of documents, such as union and employment records as well as tax files, social security records, 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 up to 40 defendants. To do so they must go further down the supply chain and look into organizations that could have a connection to asbestos that have not been named in the litigation.
This process can be extremely time consuming, especially when the claimant suffers from mesothelioma and other severe illnesses. In addition, it is often difficult to locate witnesses and to obtain physical evidence.
A mesothelioma lawyer will determine all potential defendants, and their connection to victim's exposure. This may be accomplished by a thorough analysis of more than 40 years of the victim's life through interviews and a review of their social security, union, and tax records.
A successful asbestos litigation strategy requires extensive knowledge of this complicated legal field. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our inception at the beginning of 1994. We are also national leaders in defending businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad array of defendants, which includes product manufacturers, distributors and contractors. We have extensive expertise in creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.
Preparing for Trial
Lawyers must carefully prepare their cases ahead of trial to ensure that their clients are able to present the strongest arguments and evidence possible. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying exhibits that will be used during the trial. This process can take a long time in complex cases.
Many asbestos patients are diagnosed with a less serious disease such as asbestosis, pleural plaque or fibrosis before the mesothelioma's onset. Asbestosis symptoms can include tightening of the lungs that can cause breathing difficulties, coughing, and chest pain.
Asbestos victims' lawyers must also scrutinize the evidence to find potential defendants that could be held liable for asbestos-related injuries. This includes interviewing coworkers, family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents.
Once a lawyer has identified a possible defendant, they must determine the liability of the party. The defendants could be individuals, companies or governmental agencies. They are accountable for their actions that were negligent.
Congress has enacted a number of legislative solutions to settle asbestos lawsuits. The efforts have not been successful due to a range of complex political factors. Asbestos victims as well as their lawyers and the government remain determined to hold negligent asbestos companies accountable for their actions.
The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our lawyers have held manufacturers, insurance companies and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts where cases are assigned to judges familiar 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 only for plaintiffs list server during the annual and winter conventions, and participate in educational seminars on asbestos litigation.