Asbestos Litigation
Each asbestos case is distinct however, the general procedure for defending claims involving asbestos is the same. Your lawyer will require you to conduct an interview with the plaintiff.
The cause of asbestos exposure can be numerous, not only one company or employer. That's why asbestos cases often involve multiple defendants.
Find out the source of exposure
In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Attorneys for victims can often utilize medical records to determine the source of asbestos. This can assist victims in obtaining compensation from companies accountable for asbestos exposure.
Compensation is essential for mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can help families cope with the mesothelioma diagnosis.
Asbestos lawsuits can be a complicated legal cases, and victims must be aware of their rights and how the process works. Attorneys can handle a variety of aspects of a case, they are expected to be involved in the case. This includes responding promptly to requests for discovery and attending court depositions.
It is also important to keep in mind that statutes of limitations in New York are limited, and it is essential to seek out an experienced asbestos attorney as soon as you can. In the event of not filing an asbestos claim within the required timeframe could result in the loss on financial compensation.
In some instances asbestos-containing products produced by multiple companies have been used to expose victims. In these instances, lawyers representing the victims have to determine the source of all asbestos-containing products as well as the companies and contractors that supplied the materials.
Asbestos litigation is the longest-running mass tort in American history. It has been the cause of dozens of bankruptcy filings by asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
The process of creating an Database
A lawsuit involving asbestos-related illnesses or mesothelioma differs from a typical personal injury claim. In many cases asbestos litigation, there are many of the same defendants (companies who are being sued), many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses.
To develop a successful asbestos defense, attorneys need to be able to access a large database that can pinpoint potential exposure sources. This includes looking over job sites, interviewing co-workers and collecting documents from suppliers and employers. This involves locating and interviewing doctors or nurses who may be able be able to testify about asbestos exposure.
Making this kind of database can be challenging, especially in cases where the data was lost or destroyed over time. In these instances, it may be necessary to recreate the entire insurance program and claims database using multiple sources including loss runs, claim files internal system and defense counsel records. It could take years, or even decades to complete.
Asbestos lawyers must also have access to a program that allows them locate potential exposure areas and identify potential defendants. Lawyers can save time and money by having this information at their fingertips.
Following the massive bankruptcy of many asbestos manufacturers the plaintiffs' lawyers were seeking 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 volume reigns supreme and lawsuits that name less than 100 defendants are rare.
Identifying the Defendants
Often, asbestos cases are based on factual evidence that is discovered. Many asbestos companies resisted for years that their products could harm people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that certain products of the defendant caused injuries. To win a case a plaintiff must demonstrate 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 was a significant factor in his injuries.
Asbestos cases often involve multiple defendants. The method of identifying them differs from a personal injury case. The key is to develop a database linking employers, locations and products by interviewing co-workers and relatives as well as reviewing work orders and invoices and obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's residence and work websites. The type of asbestos used such as amosite, chrysotile or Crocidolite - could be helpful in identifying defendants because each product is made by the same manufacturer.
North Richland Hills asbestos lawyers must be attentive to these facts and pinpoint all possible sources of exposure. This can involve a review of more than forty years of a person's life through Social Security, union, tax and other documents. Because of the long time lag of asbestos-related injuries, it's difficult and costly to create an accurate database.
Because of the large numbers of cases and limited resources of defendants Many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and reduce duplication of discovery.
Making a Case
Asbestos suits require a lot of study and examination of many documents. This can be a particularly difficult task, since asbestos exposure can occur years before the victim becomes ill. To identify the sources of the exposure, lawyers need to conduct interviews and look over hundreds of pages of documentation like the employment records, union documents, social security and tax records, and medical and laboratory reports.
The lawyers representing the plaintiffs have to do everything they can to identify additional defendants. In certain instances, there could be as high as 40 defendants. To do this, they must investigate the supply chain to find companies that might have a link to asbestos, but are not included in the lawsuit.
This process can be very long and time-consuming, particularly when a claimant is suffering from mesothelioma, or other serious diseases. In addition, it can be often difficult to find witnesses and get physical evidence.
A mesothelioma attorney will work to establish all potential defendants and their connection to the victim's exposure. This may be accomplished by a thorough analysis of over 40 years of the victim's life via interviews and a review of their social security, union, and tax records.
A successful asbestos litigation strategy requires a wealth of knowledge of this complicated legal field. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leader in the nation in defending businesses in multi-jurisdictional, industry-wide 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 creating and implementing key defenses, expert testimony and jurisdictional Case Management Orders.
Prepare for Trial
Lawyers need to carefully prepare their cases ahead of trial so that their clients have the strongest arguments and evidence possible. This includes reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used during the trial. The process can take several years in the case of complex cases.
Many asbestos patients develop a less severe disease like asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's development. Asbestosis symptoms can include tightening of the lungs which can cause breathing difficulties, coughing and chest pain.
Asbestos victims' attorneys must also scrutinize the evidence to determine any potential defendants who could be held responsible for the asbestos-related injuries. This involves interviewing family members, coworkers asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and gathering various documents.
Once a defendant has been identified, an attorney must determine the responsibility of the party. The defendants could be individuals, businesses or government agencies. They must be held accountable for their negligent actions.
Congress has enacted a number of legislative solutions to end asbestos lawsuits. These efforts have not been successful due to a variety of complicated political factors. Asbestos victims and their lawyers remain committed to holding negligent asbestos companies accountable for their actions.
The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. Our attorneys have held manufacturers, insurance companies and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts where cases are assigned to judges familiar with 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, as well as at winter and annual conventions.