Asbestos Litigation
Every asbestos case is different, but the general procedure for defending against such claims is similar. Your attorney will want to interview the plaintiff.
The exposure of a person to asbestos can come from multiple sources, not just a single employer or company. This is why asbestos cases usually involve multiple defendants.
Find out the source of exposure
To submit an asbestos claim it is important to identify asbestos exposure. Often, the attorneys of victims can work with medical records to determine the source of asbestos. This could help victims receive compensation from the companies liable for their asbestos exposure.
Mesothelioma victims and their families are entitled to compensation to pay for mesothelioma treatments. Compensation can assist families in dealing with emotional stress with the mesothelioma diagnosis.
Asbestos lawsuits can be a complicated legal proceedings, and the victims must be aware of their rights and how the process works. While attorneys are able to handle many aspects of a case, they are expected to participate in the proceedings. This includes responding to discovery requests and taking depositions.
Remember that the statutes are limited in New York, and you should seek advice from an asbestos lawyer as soon a possible. Failing to file an asbestos claim within the required time frame could result in missing out on financial compensation.
In a few instances asbestos-containing products produced by multiple 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 employers or contractors who supplied asbestos-containing materials.
Asbestos litigation is the longest-running mass tort in American history. It has been responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies established trust funds for asbestos victims. However, asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
Making the Database
A case involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury lawsuit. In many cases asbestos litigation, there are a lot of the same defendants (companies that are sued), many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.
To build a strong asbestos defense, lawyers have to be able to access a large database that will help them identify potential exposure sources. This involves reviewing the websites of employers, speaking with coworkers and obtaining documents from suppliers and employers. This involves finding and interviewing nurses or doctors who may be able be able to testify about asbestos exposure.
This type of database is difficult to develop, especially in the event that the data was lost over time. In these instances, it may be necessary to reconstruct the entire insurance program and claims database, using multiple sources, like loss runs, claim files internal system and defense counsel records. This can take years, or years to complete.
Asbestos lawyers must also have access to a program that allows them locate potential exposure sites and to identify potential defendants. This information is at the fingertips of attorneys can help save time and money.
Following the massive bankruptcy of many asbestos manufacturers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and lawsuits that name less than 100 defendants are not common.
Identifying defendants
The factual foundation of asbestos cases is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but once lawsuits began documents from the company revealed evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was utilized at his workplace and that the worker was exposed to it through inhalation of dust, and that the exposure to the dust was a major factor in his injuries.
Because asbestos cases have multiple defendants, the process of identifying defendants is different from an ordinary personal injury case. By interviewing family and coworkers members, looking over 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 establish a database that links employers locations, workplaces, and products. The type of asbestos involved such as amosite, chrysotile or crocidolite - can also be helpful in identifying defendants as each product is made by a different manufacturer.
The defendants are required to thoroughly examine these facts and determine the possible sources of exposure. This could include a look at more than 40 years of records from the Social Security, tax, union, and other records of the worker. Because the time between asbestos injuries is so long, the creation of an accurate database is a lengthy and costly research.
Due to the high volume of asbestos cases, and the insufficient resources of defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and reduce duplication of discovery.
Developing a Case
asbestos lawsuits (extra resources) require a lot of research and the examination of many documents. This can be a challenge because asbestos exposure often occurred long before the victim became sick. To determine the source of exposure, attorneys must conduct interviews and carefully look over thousands of pages of documentation like the employment records, union documents, social security and tax records as well as medical and laboratory reports.
The attorneys representing the plaintiffs have to do everything they can to identify additional defendants. In certain cases, there could be as high as 40 defendants. To achieve this, they must look further down the supply chain and look into organizations that could have a connection to asbestos, even if they haven't been named in the lawsuit.
This process can be very 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.
A mesothelioma lawyer will establish the potential defendants and their connection to the victim's exposure. This may require a thorough review of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, and tax records.
A successful asbestos litigation strategy relies on years of experience in a complex area of law. Since the time we were founded back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending companies in multi-jurisdictional, global litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide variety of defendants, including distributors, manufacturers and contractors. We have extensive experience in formulating and establishing crucial defenses as well as expert witness testimony and jurisdictional Case Management Orders.
Prepare for Trial
Lawyers must meticulously prepare their cases prior to trial to ensure that their clients can present the strongest arguments and evidence possible. This involves reviewing medical records, preparing all witnesses and identifying evidence to be used in the case. This process can be lengthy in cases that are complex.
Before developing mesothelioma, many asbestos patients develop a lesser disease, such as asbestosis or the pleural plaque or pleural fibrosis. Asbestosis symptoms include a tightening of the lungs that could cause breathing problems, coughing and chest pain.
Asbestos victims' attorneys must also carefully review the evidence to identify any possible defendants who could be held accountable for the asbestos-related injuries. This involves interviewing co-workers and family members, asbestos abatement workers, asbestos manufacturers and obtaining a variety of documents.
After identifying a potential defendant an attorney must determine the liability of the party. The defendants may be individuals, corporations or governmental organizations. They are accountable for their actions that were negligent.
Congress has proposed several legislative solutions to end asbestos lawsuits. These efforts have not been effective due to a myriad of complicated political issues. Asbestos victims and their lawyers remain determined to hold negligent asbestos companies accountable for their actions.
Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our lawyers have held asbestos producers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts which are assigned cases by judges with experience in asbestos-related matters.
The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.