Asbestos Litigation
Each asbestos case is distinct, but the general process for defending claims involving asbestos is the same. Your lawyer will need to conduct a deposition with the plaintiff.
The exposure of a person to asbestos can come from many places, not just a single employer or company. That's why asbestos cases often involve multiple defendants.
Find out the source of exposure
In order to submit an asbestos claim it is essential to determine the source of asbestos exposure. Lawyers representing victims typically utilize medical records to determine asbestos' source. This can assist victims in receiving compensation from the companies liable 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 also assist families in dealing with the emotional burden of a mesothelioma being diagnosed.
Asbestos cases are a complex legal issues. Victims must be aware of their rights and the procedure. While attorneys can handle a lot of aspects of a case, the plaintiffs are expected to take part in the case too. This includes responding to requests for discovery and taking depositions.
Remember that the statutes are restricted in New York, and you should consult an asbestos attorney as soon as you can. If you don't file your claim within the prescribed time frame you could be denied on financial compensation.
In certain instances victims have been exposed to asbestos-containing products produced by various companies. In such cases, the lawyers representing the victims be required to identify all asbestos-containing products, and the employers and contractors who supplied the materials.
Asbestos litigation is the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies have set up trust funds to compensate asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite research by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.
Making an Database
A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury lawsuit. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and the same expert witnesses.
In order to develop a successful defense in an asbestos case attorneys need access to a vast database that can identify possible sources of exposure. This includes examining the job site, talking to coworkers and getting documents from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able provide evidence regarding asbestos exposure.
The creation of this type of database can be challenging particularly when the data has been deleted or lost over time. In these cases, it may be necessary to reconstruct an 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 decades to complete.
Asbestos lawyers also need access to a program that allows them locate potential exposure sites and to identify potential defendants. Lawyers can save time and money by having this information available to them.
After the mass bankruptcies of many asbestos producers 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 where the volume is paramount and suits that name fewer than 100 defendants are not common.
Identifying defendants
The majority of asbestos lawsuits are based by factual evidence that's later discovered. Asbestos companies denied for many years that their products could cause harm, but once lawsuits began, documents from the company exposed evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. In order to win a lawsuit a plaintiff has to prove that the defendant's products were used in his work place, that he breathed in dust from the product, and that the exposure was a major reason for his injuries.
Asbestos cases often involve several defendants. The method of identifying them is different from a personal injury lawsuit. Through interviews with coworkers and family members, reviewing invoices and work orders, getting documents from vendors and suppliers, and analyzing asbestos samples collected from the plaintiff's work place and home it is possible to create a database that links employers as well as locations and products. The type of asbestos used - amosite, chrysotile, or crocidolite - is useful in identifying defendants since each product is manufactured by a different manufacturer.
Defendants must carefully look over these facts and identify all possible exposure sources. This can include a review of over 40 years of records from the Social Security, tax, union and other documents of a worker. Because the time between asbestos injuries is so long, establishing an accurate database is a lengthy and costly research.
Aurora asbestos lawyer to the huge number of asbestos cases, and the limited resources of many defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants the opportunity to pool resources and also avoid duplicate discovery.
Case Development
Asbestos lawsuits involve extensive research and the review of many documents. This can be a difficult job, as asbestos exposure can occur years before a person is diagnosed with a disease. To determine the sources of exposure, lawyers must conduct interviews and carefully look over hundreds of pages of documentation such as the employment records, union documents as well as social security and tax files as well as medical and laboratory reports.
The plaintiffs' lawyers also have to do everything they can to locate additional defendants. In many instances, the number of defendants could be as high as 30 or 40. To achieve this, they must look down the supply chain to look into companies that could have a nexus with asbestos, but are not named in the lawsuit.
This process can be extremely long, particularly when the claimant suffers from mesothelioma or any other serious illness. In addition, it can be often difficult to find witnesses and get physical evidence.
A mesothelioma lawyer will attempt to determine the identity of all defendants and the connection to the victim's exposure. This may include a thorough examination of the past 40 years of a victim's life. This may include interviews and a review their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy requires a lot of experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our inception in 1994 and are nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience in formulating and drafting key defenses such as expert testimony and jurisdictional Case Management Orders.
Preparing for trial
Lawyers need to carefully prepare their cases ahead of 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 the exhibits that will be used in the case. The process can take lengthy in cases that are complex.
Before developing mesothelioma, many asbestos patients develop a lesser disease such as asbestosis, the pleural plaque or pleural fibrosis. Asbestosis can cause chest pain, coughing and breathing difficulties.
Attorneys representing asbestos victims must also carefully look over the evidence to identify potential defendants who might be accountable for the asbestos injuries. This may involve interviewing coworkers or family members, abatement workers, asbestos manufacturers 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 must be held accountable for their wrongful actions.
Congress has proposed several legislative solutions to end asbestos lawsuits. However, these efforts have not been successful due to a number of complex political reasons. Asbestos victims along with their lawyers and government remain committed to holding negligent asbestos companies accountable for their actions.
Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the nation. Our lawyers have held insurance companies and other responsible parties accountable for their role in the asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are supervised by judges who have experience in asbestos matters.
The Asbestos Litigation Group welcomes all AAJ members, including regular, life sustainer, President's club members. Members network and discuss legal issues and strategies on the group's plaintiff-only list server at the annual and winter conventions and in educational seminars on asbestos litigation.