Why No One Cares About Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending claims involving asbestos is the same. Your lawyer will require you to take a deposition of the plaintiff.

The cause of asbestos exposure can be many, not just one employer or business. This is why asbestos cases typically involve multiple defendants.

Determining the Source of Exposure

Recognizing asbestos exposure is a crucial step in filing an asbestos claim. Lawyers for victims often utilize medical records to determine the source of asbestos. This can help victims get compensation from the companies responsible for their asbestos exposure.

Compensation is required by mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can also help families cope with the emotional burden of mesothelioma diagnosis.

Asbestos cases can be a complicated legal cases. The victims must be aware of their rights and procedures. Attorneys can handle a variety of aspects of a case, they are expected to participate in the case. This includes responding to discovery requests and attending depositions.

It is also important to keep in mind that the statutes of limitations in New York are limited, and it is essential to seek out an experienced asbestos attorney as soon as you can. If you do not submit your claim within the prescribed time frame, you could lose out on financial compensation.

In certain instances, victims were exposed to asbestos-containing products made by several companies. In such cases, the lawyers representing the victims need to identify all the asbestos-containing products, and the contractors and employers who supplied the materials.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies conducted by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Developing an Database

A case involving mesothelioma or other asbestos-related diseases is different from any typical personal injury case. In many cases asbestos litigation, there are a lot of the same defendants (companies that 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 need access to a database that can identify possible sources of exposure. This includes reviewing the job site, talking to coworkers and getting documents from employers and suppliers. This involves locating and interviewing doctors or nurses who may be able be able to testify about asbestos lawyer exposure.

Making this kind of database can be a challenge particularly when the data has been lost or destroyed over time. If this happens it could require the reconstruction of an entire claims database and insurance program, usually from multiple sources such as loss runs claims files, internal systems and defense counsel records. This could take a number of years or even decades to complete.

Asbestos lawyers must also have access to a program that allows them to find potential exposure sites and to identify potential defendants. Attorneys can cut down on time and money by having this information available to them.

After the mass bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the volume is paramount and lawsuits that name less than 100 defendants are not common.

Identifying Defendants

The actual basis of asbestos cases is often established through discovery. Many asbestos companies denied for many years that their products could cause harm to people, but after lawsuits began, company documents came to light and revealed evidence of the dangers. These documents can be used to prove that particular products of the defendant caused injuries. In order to win a lawsuit the plaintiff must prove that the defendant's product were used in his 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 several defendants. The method of identifying them is different from a personal injury case. By interviewing coworkers and family members, reviewing invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples taken from the plaintiff's workplace and home it is possible to build an online database that links employers as well as locations and products. It is also a good way to identify defendants if you know the type of asbestos, such as amosite or chrysotile.

The defendants must take the time to review these facts and identify the possible sources of exposure, which could involve a thorough review of more than forty years of a worker's existence through Social Security, union, tax and other records. Because the latency of asbestos injuries is so long, the creation of an accurate database requires extensive and costly research.

Due to the high volume of asbestos cases, and the limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This allows defendants to share resources and prevent duplication of discovery.

Case Development

Asbestos lawsuits involve extensive investigation and the review of numerous documents. This can be a challenge because exposure to asbestos typically occurred years before a victim was diagnosed with a disease. To determine the sources of the exposure, lawyers must conduct interviews and carefully go through thousands of pages of documentation such as 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 find other defendants. In many cases, the number defendants can be as high as 30 or 40. To achieve this they must go further down the supply chain and research companies that may have a connection to asbestos lawyer, but have not been identified in the lawsuit.

This process can be extremely long, particularly when the plaintiff suffers from mesothelioma, or other serious illnesses. In addition, it can be often difficult to locate witnesses and get physical evidence.

A mesothelioma lawyer will attempt to determine the identity of all defendants and their connection to the victim's exposure. This can require a thorough examination of more than 40 years of the victim's life via interviews as well as a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy is dependent on a wealth of experience in a tangled area of law. Since its inception at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending companies in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad range of defendants, including product manufacturers, distributors, 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 must meticulously prepare their cases prior to trial to ensure that their clients are able to present the strongest evidence and arguments possible. This includes reviewing medical records and preparing all witnesses. It is also about identifying the exhibits that will be used during the trial. This can take a lot of time in complicated 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 include tightening of the lungs that can cause breathing difficulties, coughing, and chest pain.

Asbestos victims' lawyers must also scrutinize the evidence to identify any potential defendants that could be held accountable for asbestos-related injuries. This includes speaking with family members, coworkers asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, as well as getting various documents.

After an attorney has identified a potential defendant, they must then determine the liability of that party. The defendants may be individuals, companies or government agencies. They are held accountable for their negligent acts.

A variety of legislative solutions to end asbestos litigation have been proposed in Congress. However, these efforts have not been successful due to a variety of complex political reasons. asbestos lawyers victims, their lawyers and the government are committed to holding negligent asbestos firms accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the country. Our attorneys have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts where cases are supervised by judges who have experience in asbestos lawyer-related matters.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members interact and discuss legal issues and strategies on the group's plaintiff-only list server, at annual and winter conventions, and participate in educational seminars on asbestos litigation.