Asbestos Litigation
Every asbestos case is different however, the general procedure for defending against such claims is the same. Your attorney will want you to conduct depositions of the plaintiff.
The exposure of an individual to asbestos can come from numerous sources, not only an employer or a company. This is why asbestos cases usually involve multiple defendants.
Identifying the source of exposure
To make an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, attorneys representing victims may use medical documents to determine the source of asbestos class action litigation. This can help victims receive compensation from the companies that are responsible for their asbestos exposure.
Mesothelioma sufferers and their families are entitled to compensation to cover expensive mesothelioma treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis.
Asbestos cases are a complex legal cases. Victims must be aware of their rights and the procedure. 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 depositions in court.
It is also important to keep in mind that statutes of limitations in New York are limited, and it is crucial to speak with an experienced asbestos lawyer as soon as possible. If you don’t file your claim within the stipulated timeframe you could be unable to collect on financial compensation.
In a few instances asbestos-containing products manufactured by multiple companies have been used to expose victims. In these cases, the victims’ attorneys may need to identify the manufacturers of each product, as well as the contractors or employers who provided the asbestos-containing materials.
Asbestos litigation is the longest-running mass tort in American history. It has been responsible for numerous bankruptcy filings filed by asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
Developing an Database
A lawsuit involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury lawsuit. In many cases, asbestos litigation involves many of the same defendants (companies who are being sued) as well as many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.
To develop a successful asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This involves reviewing the websites of employers, speaking with coworkers and getting records from employers and suppliers. The process also requires finding and interviewing doctors and nurses who can testify about asbestos exposure.
This kind of database is difficult to build, particularly if the data has been lost over time. If this happens it may necessitate the reconstruction of an entire claims database and insurance program, typically from multiple sources like loss runs claims files, internal systems, and defense counsel records. This could take a number of years or even years to complete.
Asbestos attorneys should also access to a program that lets them identify potential defendants and potential exposure sites. Having this information available to attorneys can help save time and money.
Following the bankruptcy of a number of asbestos producers, plaintiffs’ attorneys searched for new defendants to their lawsuits. As a result of this, asbestos litigation cases cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and suits that name less than 100 defendants is not common.
Identifying the Defendants
The factual foundation of asbestos lawsuits is often established through discovery. Many asbestos companies have denied for decades that their products could cause harm to people, but when lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can aid plaintiffs prove that specific defendants products were responsible for their injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant’s product was in use at his workplace, that they were exposed to it by inhaling dust and that exposure to the dust was a major factor in his injuries.
Asbestos cases often involve multiple defendants. The method of identifying them is different from a 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 create an online database that links employers, locations, and products. The type of asbestos used – amosite, chrysotile or crocidolite – is helpful in identifying defendants as each product is manufactured by the same manufacturer.
Defendants must carefully examine these facts and determine the possible sources of exposure. This may include a review of over 40 years of records from Social Security, tax, union, and other records of a worker. Because the time lag for asbestos-related injuries is so long, establishing an accurate database requires a lot of time and costly investigation.
Due to the large number of asbestos cases and limited resources of many defendants in federal courts, many asbestos exposure litigation cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants the opportunity to share resources, and to avoid duplication of discovery.
Case Development
Asbestos lawsuits require extensive research and the review of numerous documents. This can be a particularly difficult task because asbestos exposure is often a long time before a person is diagnosed with a disease. To pinpoint the source of the asbestos exposure, attorneys must conduct an interview and review thousands pages of documentation, Asbestos Litigation Group such as employment records and union documents tax files, social security files and lab and medical reports.
The lawyers representing the plaintiffs must do all they can to find additional defendants. In many cases, the number defendants can be as high as 30 or 40. To do this, they have to examine the supply chain to look into companies that could have a connection with asbestos but who are not named in the lawsuit.
This process is often very lengthy, especially if the plaintiff is suffering from mesothelioma or other serious illnesses. In addition, it is often difficult to find witnesses and get physical evidence.
An attorney for mesothelioma will try to determine the identity of all defendants and their connections to the victim’s exposure. This may be accomplished by a thorough analysis of more than 40 years of the victim’s history through interviews and a review of their social security, union, and tax records.
A successful asbestos litigation group litigation strategy depends on extensive experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our founding back in 1994. We are the experts in the nation’s defense of companies 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 distributors, suppliers, and contractors. We have extensive experience in creating and implementing important defenses such as expert testimony and jurisdictional Case Management Orders.
Preparing for the Trial
Lawyers must carefully prepare their cases before trial so that their clients can present the strongest evidence and arguments 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.
Many asbestos victims are diagnosed with a less serious disease like asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma’s onset. Asbestosis symptoms include a tightening of the lungs that may cause difficulty breathing, coughing and chest pain.
Attorneys for asbestos victims must also examine the evidence in order to determine potential defendants who could be held accountable for the asbestos injuries. This may involve interviewing coworkers, family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents.
Once a defendant has been identified, an attorney must determine the legal liability of the defendant. The defendants could be businesses, individuals, or government agencies. They must be held accountable for their negligent actions.
Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these initiatives have not been successful due to a variety of political issues. Asbestos victims and their lawyers remain determined to hold negligent asbestos companies accountable for their conduct.
The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our attorneys have held manufacturers, insurance companies and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are assigned by judges who have experience in asbestos cases.
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.