Asbestos Litigation
Each asbestos case is unique however the process for defending such claims is similar. Your lawyer will require you to conduct depositions of the plaintiff.
The exposure of an individual to asbestos can come from many places, not just one employer or company. This is the reason asbestos cases typically involve multiple defendants.
Find out the source of exposure
To submit an asbestos claim it is important to identify asbestos exposure. Attorneys for victims can often utilize medical records to determine asbestos' source. This can assist victims in obtaining compensation from the companies responsible for their asbestos exposure.
Compensation is required by mesothelioma patients as well as their families to pay for the cost of expensive treatment. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.
Asbestos lawsuits can be a complicated legal cases, and victims need to know their rights and how the process works. While attorneys can handle many aspects of a case, the plaintiffs are expected to take part in the case too. This includes responding promptly to discovery requests and participating in court depositions.
Remember that the statutes of limitations are limited in New York, and you should consult an asbestos attorney immediately if you are able to. Failing to file a claim within the appropriate timeframe could result in missing out on financial compensation.
In some cases, victims were exposed to asbestos products manufactured by various companies. In these cases, lawyers representing the victims will be required to identify all asbestos-containing products as well as the employers and contractors who supplied the materials.
Asbestos litigation is the longest-running mass tort in American history. It is responsible for dozens bankruptcy filings from asbestos producers. Many of these companies established trust funds for asbestos victims. However, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or 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.
Developing an Database
A mesothelioma lawsuit or other asbestos-related illnesses is distinct from a typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies that are being sued) as well as many of the same law firms that represent plaintiffs and many of the same expert witnesses.
To be able to build a successful defense in an asbestos lawyers-related case attorneys need access to a vast database that can help identify potential exposure sources. This includes examining the job site, talking to coworkers, and obtaining documents from employers and suppliers. This process involves locating and interviewing doctors or nurses who may be able to be able to testify about asbestos exposure.
Developing this type of database can be challenging, especially in cases where the data was lost or destroyed over the course of time. When this happens, it can necessitate the reconstruction of an entire claims database and insurance program, usually from multiple sources like loss runs, claim files, internal systems, and defense counsel records. It can take years, or even decades to complete.
Asbestos attorneys must also have access to a software that permits them to identify potential defendants and locate potential exposure sites. Attorneys can save time and money by having this information available to them.
After the collapse of several asbestos attorney producers, plaintiffs' attorneys sought out new defendants for their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and lawsuits that name less than 100 defendants are a rarity.
Identifying the Defendants
Most asbestos cases are founded on evidence based on facts that are discovered. Many asbestos companies resisted for many 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 be used to prove that particular products of the defendant caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product were used in the workplace, that he inhaled dust from the product and that this exposure was a major reason for his injuries.
Since asbestos cases have multiple defendants, the process of identifying defendants is different than the typical personal injury case. The most important thing is to create an information database that links employers and their locations, as well as products. This is done by speaking with relatives and coworkers looking over work orders and invoices as well as documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and work websites. It can also help to identify defendants if one knows the type of asbestos such as chrysotile or amosite.
The defendants are required to thoroughly review these facts, and identify all possible sources of exposure. This can include a review of over 40 years of records from Social Security, tax, union, and other records of workers. 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 cases and limited resources of defendants Many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and reduce duplicate discovery.
Case Development
Asbestos lawsuits involve extensive research and the review of a large number of documents. This can be a particularly difficult task, since asbestos exposure can occur years before a person is diagnosed with a disease. To determine the sources of the exposure, lawyers must conduct interviews and go through the thousands of pages of documents like the employment records, union documents as well as social security and tax files and medical and laboratory reports.
The lawyers representing the plaintiffs must do all they can to find other defendants. In many cases, the number of defendants could be as high as 30 or 40. To accomplish this, they need to examine the supply chain to investigate entities that may have a link to asbestos but who are not mentioned in the lawsuit.
This process is often very time consuming, especially when the plaintiff is suffering from mesothelioma and other severe diseases. In addition, it is often difficult to locate witnesses and obtain physical evidence.
A mesothelioma lawyer will attempt to identify all defendants and their connections to the victim's exposure. This can be a thorough analysis of the last 40 years of a victim's life. This may include interviews and a review their social security and union, as well as tax records.
A successful asbestos lawsuit litigation strategy depends on extensive experience in a tangled area of law. Since the time we were founded back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos lawyers litigation and is a national leader in defending businesses in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide array of defendants, which includes product manufacturers, distributors and contractors. We have extensive experience establishing and developing crucial defenses, expert testimony and jurisdictional Case Management Orders.
Prepare for 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 involves reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used at the trial. This can take a lot of time in complex cases.
Before developing mesothelioma asbestos patients develop a lesser disease, such as asbestosis or and pleural plaque. Asbestosis can cause chest pain, coughing and breathing difficulties.
Lawyers for asbestos victims must also review the evidence to identify potential defendants who could be held responsible for the asbestos-related injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and getting various documents.
Once an attorney has identified a defendant, they must then determine the liability of that person. The defendants may be individuals, corporations or government agencies. They must be held responsible for their wrongful actions.
Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, these attempts have not been successful due to a variety of complex political reasons. Asbestos victims, their lawyers and the government are committed to holding negligent asbestos firms 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 attorneys have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are assigned by judges who have experience in asbestos-related matters.
The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at winter and annual conventions.