Asbestos Litigation
Each asbestos case is different however, the general procedure for defending such claims is the same. Your lawyer will need to take a deposition of the plaintiff.
A person's exposure to asbestos can come from many places, not just one employer or company. This is why asbestos attorneys cases typically involve multiple defendants.
Determining the Source of Exposure
To make an asbestos claim, it is important to identify asbestos exposure. Lawyers for victims often make use of medical records to determine the source of asbestos lawsuit. This can assist victims in obtaining compensation from the companies that are accountable for asbestos exposure.
Compensation is required by mesothelioma patients as well as their families to pay for the cost of expensive treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma diagnosis.
Asbestos lawsuits are complex legal proceedings, and the victims need to understand their rights and the way in which the process operates. Attorneys can handle a variety of aspects of a case they are expected to be involved in the process. This includes responding quickly to discovery requests and attending court depositions.
Remember that the statutes of limitations are limited in New York, and you should seek advice from an Asbestos Lawyer - Theflatearth.Win - immediately if you are able to. Failing to file an asbestos claim within the proper time frame could result in missing out on financial compensation.
In certain instances victims were exposed to asbestos products manufactured by several companies. In these instances, lawyers representing the victims be required to identify all asbestos-containing products, and the employers and contractors who supplied the asbestos-containing products.
Asbestos lawsuits are the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings from asbestos producers. Many of these companies established trust funds for asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite research conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
Making an Database
A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by same law firms as well as the same expert witnesses.
To build a successful defense in an asbestos-related case attorneys need access to a vast database that can pinpoint possible sources of exposure. This involves reviewing job sites, interviewing co-workers and getting information from suppliers and employers. The process also requires tracking down and interviewing nurses and doctors who are able to testify about asbestos exposure.
This kind of database is difficult to create, particularly in the event that the data was lost over time. In these situations it could be necessary to recreate the entire insurance program and claims database making use of multiple sources, including loss runs, claim files internal system, as well as defense counsel records. It can take a long time or even decades to complete.
Asbestos lawyers should also have access to a program that allows them locate potential exposure areas and identify potential defendants. The information that is available to attorneys can help save time and money.
After the collapse of several asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the volume is paramount and suits that name fewer than 100 defendants are 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 harm people, but once lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can assist plaintiffs prove that specific defendants products were responsible for their injuries. To win a case a plaintiff must demonstrate that the defendant's product was used at his work site, that the worker was exposed to it by inhaling dust, and that the exposure was a significant reason for his injuries.
Asbestos cases usually involve several defendants. The process of identifying them is different from a personal injury case. Through interviews with coworkers and family members, reviewing invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's work place and home it is possible to establish a database that links employers as well as locations and products. It is also possible to identify defendants if you know the type of asbestos like amosite or chrysotile.
The defendants must take the time to review these facts and pinpoint all possible sources of exposure. This could involve a thorough review of more than forty years of a worker's life through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it can be difficult and expensive to establish an accurate database.
Due to the huge number of asbestos cases and the limited resources of defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants to share their resources and avoid duplication of discovery.
Case Development
Asbestos lawsuits require extensive investigation and the review of a large number of documents. This can be a challenge because asbestos exposure often was a long time before the victim became sick. To determine the source of exposure, attorneys must conduct interviews and look over hundreds of pages of documentation like employment records, union documents, social security and tax records, and medical and laboratory reports.
The plaintiffs' lawyers also must do all they can to find additional defendants. In some cases, there can be as many as 40 defendants. To achieve this they need to look further down the supply chain and look into entities with a possible nexus to asbestos, but have not been identified in the lawsuit.
This process can be extremely time consuming, especially when the plaintiff is suffering from mesothelioma and other severe illnesses. In addition, it is often difficult to find witnesses and obtain physical evidence.
An attorney for mesothelioma will try to establish all potential defendants and their connections to the victim's exposure. This could be a thorough analysis of the last 40 years of the victim's life, including interviews and a look at their social security and union, as well as tax records.
A successful asbestos litigation strategy is dependent on extensive 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 national leader in the defense of companies in multi-jurisdictional litigation that spans the entire industry. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad array of defendants, which includes distributors, manufacturers and contractors. We have a wealth of experience formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.
Preparing for the Trial
Lawyers must meticulously prepare their cases prior to trial to ensure that their clients have the strongest evidence and arguments possible. This involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the trial. This process can take years in complex cases.
Many asbestos patients are diagnosed with a less serious disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis symptoms can include tightening of the lungs which may cause difficulty breathing, coughing, chest pain and so on.
Asbestos victims' attorneys must also scrutinize the evidence to identify any potential defendants that could be held liable for asbestos-related injuries. This involves interviewing family members, coworkers, asbestos abatement workers and asbestos lawsuit manufacturers, and getting various documents.
Once a defendant is identified as a possible defendant An attorney must determine the liability of the party. The defendants could be businesses, individuals or government agencies. They must be held responsible for their wrongful actions.
Congress has proposed several legislative remedies to resolve asbestos lawsuits. These efforts haven't been successful due to a variety of complex political factors. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos firms accountable for their behavior.
Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our attorneys have held manufacturers, insurance companies and other responsible entities accountable for their part in asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts which are assigned cases by judges who have experience in asbestos matters.
The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at Winter and annual conventions.