Asbestos Litigation
Each asbestos case is distinct however the process for defending claims involving asbestos is similar. Your lawyer will need to interview the plaintiff.
The cause of asbestos exposure could be numerous, not just one employer or business. That's why asbestos cases often involve multiple defendants.
Identifying the source of exposure
In order to file an asbestos claim, it is important to identify asbestos lawsuit exposure. Often, the attorneys of victims can use medical records to determine the source of asbestos. This can assist victims in obtaining compensation from the companies responsible for their asbestos exposure.
Compensation is essential for mesothelioma patients and their families to pay for the expense of expensive treatment. Compensation can help families cope when a mesothelioma diagnosis is announced.
Asbestos cases are complex legal issues. Victims must be aware of their rights and the procedure. While attorneys are able to handle a variety of aspects of a case the victims are expected to be involved in their own case. This includes responding quickly to discovery requests and participating in court depositions.
It is also important to keep in mind that statutes of limitations in New York are limited, and it is important to speak with an experienced asbestos attorney as soon as you can. If you do not file your claim within the stipulated timeframe, you could lose out on financial compensation.
In a few instances, asbestos products made by several companies have been used to expose victims. In these instances, victims' attorneys may need to identify the companies that made each product, in addition to the contractors or employers who supplied asbestos-containing materials.
Asbestos litigation has been the longest-running mass tort of American history. It has been the cause of numerous bankruptcy filings from asbestos producers. Many of these companies set up trust funds for asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos attorney exposure to mesothelioma and lung cancer. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
Developing the Database
A mesothelioma lawsuit or other asbestos-related diseases is different from any typical personal injury case. In many asbestos litigation cases, plaintiffs are represented by same law firms as well as the same expert witnesses.
To be able to build a strong defense in an asbestos-related case attorneys need access to a database that can identify possible sources of exposure. This includes reviewing the websites of employers, speaking with coworkers and getting records from employers and suppliers. This also involves the search for and interviewing nurses and doctors who are able to testify about asbestos exposure.
This type of database is difficult to build, particularly if the data has been lost over time. In these instances it is possible to rebuild the entire insurance program and claims database, using multiple sources, including loss runs, claim files internal system and defense counsel records. This could take a number of years or even decades to complete.
asbestos lawyers [More methods] also need access to a software that allows them to find potential exposure sites and identify potential defendants. Lawyers can save time and money by having this information readily available.
Following the massive bankruptcies of many asbestos manufacturers attorneys for plaintiffs sought new defendants to name in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which volume reigns supreme and suits naming fewer than 100 defendants are not common.
Identifying the defendants
The actual basis of asbestos lawsuits is often established through discovery. Many asbestos companies have denied for decades that their products could cause harm to people, but once the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can be used to prove that particular defendants products caused injuries. To win a lawsuit, the plaintiff must demonstrate that the defendant's products were used at his workplace, that he inhaled dust from the product, and that the exposure was a major reason for his injuries.
Asbestos cases often involve several defendants. The process of identifying them is different from a personal injury case. The most important thing is to create an inventory of employers locations, products and locations by interviewing co-workers and relatives, reviewing work orders and invoices as well as documents from vendors and suppliers, and analyzing samples from the plaintiff's residence and work websites. It is also a good way to identify defendants if you know the type of asbestos such as chrysotile or amosite.
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 40 years of a person's life through Social Security, union, tax and other records. Because of the long time lag of asbestos-related injuries, it can be difficult and expensive to establish an accurate database.
Due to the huge number of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and reduce duplicate discovery.
Case Development
Asbestos lawsuits involve extensive research and the examination of a large number of documents. This can be a challenge because asbestos exposure often occurred long before the victim was diagnosed with a disease. To identify the source of the asbestos exposure, lawyers must conduct interview and carefully go through thousands of pages of documents, such as union and employment records as well as tax files, social security files, lab and medical reports.
The lawyers representing the plaintiffs must do all they can to find other defendants. In certain cases, there could be as many as 40 defendants. To do so they need to look further down the supply chain and investigate organizations that could have a connection to asbestos that have not been named in the lawsuit.
This process is often very time consuming, especially when a claimant is suffering from mesothelioma or other serious diseases. In addition, it is often difficult to find witnesses and get physical evidence.
A mesothelioma attorney will work to identify all defendants and the connection to the victim's exposure. This could be a thorough analysis of the last 40 years of the victim's life, which may include interviews and a review their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy depends on years of experience in a complex area of law. Since the time we were founded in 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, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad array of defendants, which includes distributors, manufacturers and contractors. We have extensive experience in formulating and establishing crucial defenses, expert witness testimony and jurisdictional Case Management Orders.
Prepare for trial
Lawyers must carefully prepare their cases before trial to ensure that their clients have the strongest evidence and arguments possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the case. This process can be years long in complex cases.
Before developing mesothelioma, many asbestos victims develop a lesser disease such as asbestosis, the pleural plaque or pleural fibrosis. Asbestosis can cause coughing, chest pain, and breathing problems.
Attorneys representing asbestos victims must also review the evidence to identify potential defendants that could be held accountable for the asbestos-related injuries. This may involve interviewing coworkers or family members, asbestos lawyer manufacturers, asbestos abatement workers and obtaining a variety.
Once a defendant is identified as a possible defendant an attorney must determine the responsibility of the party. The defendants could be businesses, individuals, or government agencies. They are held accountable for their negligent acts.
Congress has offered a variety of legislative remedies to resolve asbestos lawsuits. The efforts have not been successful due to a variety of complicated political issues. Asbestos victims along with their lawyers and government remain determined to hold negligent asbestos firms accountable for their behavior.
The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our attorneys have held manufacturers, insurance companies and other responsible parties accountable for their role in asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts where cases are assigned to judges familiar with asbestos-related issues.
The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members interact and discuss legal issues and strategies on the group's plaintiff-only list server during the annual and winter conventions, and in educational seminars on asbestos litigation.