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Asbestos Litigation

Each asbestos case is unique, but the general process for defending such claims is the same. Your attorney will want to conduct a deposition with the plaintiff.

A person's exposure to asbestos can come from numerous sources, not only one employer or company. That's why asbestos cases often involve multiple defendants.

Find out the source of exposure

In order to file an asbestos claim, it is essential to determine the source of asbestos exposure. Often, attorneys representing victims may use medical documents to determine the source of asbestos. This can help victims get compensation from the companies that are responsible for their asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to pay for the expense of expensive treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma diagnosis.

Asbestos cases are a complex legal cases. Victims must be aware of their rights and procedures. Attorneys are able to handle a variety of aspects of a case they are expected to participate in the process. This includes responding quickly 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 as soon a possible. If you do not submit your claim within the prescribed time period you could be unable to collect on financial compensation.

In a few instances asbestos-containing products produced by several companies have been used to expose victims. In these cases, victims' attorneys will need to identify all the asbestos-containing products, as well the contractors and employers who supplied the materials.

Asbestos lawsuits are the longest-running mass tort in American history. It has been responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have created trust funds to compensate asbestos victims. But asbestos defendants continue to dispute evidence linking asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

A mesothelioma lawsuit or other asbestos-related diseases is distinct from a typical personal injury case. In a lot of asbestos litigation cases, the plaintiffs are represented by same law firms and the same expert witnesses.

To be able to build a successful asbestos lawsuit defense, lawyers have to have access to a vast database that can pinpoint potential exposure sources. This includes reviewing job sites, talking to coworkers and getting information from suppliers and employers. This involves finding and interviewing doctors or nurses who may be able to be able to testify about asbestos exposure.

The creation of this type of database can be challenging particularly when the data has been lost or destroyed over the course of time. In these situations, it may be necessary to recreate the entire insurance program and claims database using multiple sources like loss runs, claim files, internal system and defense counsel records. It can take years, or years to complete.

Asbestos lawyers should also have access to a software that allows them locate potential exposure sites and identify potential defendants. Lawyers can save time and money by having this information available to them.

After the bankruptcy of many asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and suits naming fewer than 100 defendants are rare.

Identifying the Defendants

The factual foundation of asbestos lawsuits is often established through discovery. Many asbestos companies denied for decades that their products could cause harm to people, but when the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can help plaintiffs prove that a specific defendant' products caused their injuries. To win a case, a plaintiff must demonstrate that the defendant's product was used at the workplace and that they were exposed to it inhaling dust and that exposure was a significant cause of his injuries.

Asbestos cases usually involve multiple defendants. The method of identifying them is different from a personal injury case. The key is to build an information database that links employers and their locations, as well as products. This is done by interviewing co-workers and relatives as well as reviewing invoices and work orders, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and workplace sites. It is also a good way to identify defendants if one knows the kind of asbestos, like amosite or chrysotile.

Defendants are required to carefully examine these facts and determine all possible sources of exposure. This may include a review of over 40 years of records from Social Security, tax, union, and other documents of the worker. Because the time between asbestos-related injuries is so long, creating an accurate database is a lengthy and costly investigation.

Due to the sheer number of cases and the limited resources of defendants asbestos cases are often transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to pool resources and avoid duplication of discovery.

Developing a Case

Asbestos lawsuits require a lot of research and the examination of a large number of documents. This can be particularly challenging since exposure to asbestos often was a long time before the victim was diagnosed with a disease. To determine the source of the asbestos exposure, lawyers must conduct interview and carefully examine thousands of documents like union and employment records as well as tax files, social security records, medical and lab reports.

The lawyers representing the plaintiffs must also do everything they can to identify other defendants. In some cases, there can be up to 40 defendants. To accomplish this they must go further down the supply chain and investigate entities with a possible nexus to asbestos, even if they haven't been named in the litigation.

This process can be very time-consuming, especially when the plaintiff suffers from mesothelioma or other serious illnesses. In addition, it can be often difficult to find witnesses and to obtain physical evidence.

A mesothelioma attorney will work to establish all potential defendants and their connection to the victim's exposure. This can require a thorough examination of over 40 years of the victim's life via interviews and a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy relies on extensive experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception at the beginning of 1994. We are also national leaders in defending firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel in representing and managing the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have extensive experience in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must meticulously prepare their cases ahead of trial so that their clients are able to present the strongest arguments and evidence possible. This involves reviewing medical records and prepping all witnesses. It also involves identifying the exhibits that will be used at the trial. The process can take lengthy in cases that are complex.

Many asbestos sufferers are diagnosed with a less serious disease such as asbestosis, pleural plaque or fibrosis before the development of mesothelioma. Asbestosis can cause chest pain, coughing, and breathing problems.

Asbestos victims' lawyers must also examine the evidence to determine any possible defendants who could be held liable for the asbestos-related injuries. This may involve interviewing coworkers or family members, asbestos lawsuit manufacturers, asbestos lawyer abatement employees and obtaining a variety of documents.

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

Many legislative solutions to solve asbestos litigation have been suggested in Congress. However, these efforts have not been successful due to a variety of complex political reasons. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is an attorney firm that has handled hundreds of cases in New York State and across the country. Our attorneys have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is divided 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, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at winter and annual conventions.