Asbestos Litigation
Each asbestos case is distinct, but the general process to defend these claims is the same. Your lawyer will ask you to take an interview with the plaintiff.
The cause of asbestos exposure can be numerous, not only one employer or company. This is why asbestos cases usually involve multiple defendants.
Identifying the source of exposure
Identifying asbestos exposure is an important step in submitting an asbestos claim. Often, the attorneys of victims may use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.
Compensation is essential for mesothelioma patients as well as their families to pay for the expense of expensive treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.
Asbestos lawsuits are complex legal proceedings, and the victims need to know their rights and how the process works. While attorneys can handle a variety of aspects of a case they are expected to be involved in the case. This includes responding quickly to discovery requests and attending court depositions.
It is also crucial to remember that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos lawyer whenever you can. Failure to file a claim within the appropriate timeframe could result in the loss on financial compensation.
In a few instances, asbestos products made by several companies have been used to expose victims. In these instances, victims lawyers may be required to identify the companies that made each product, as well as the employers or contractors who provided the asbestos-containing materials.
Asbestos litigation is the longest-running mass tort in American history. It is the cause of numerous bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite research conducted by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
The process of creating a Database
A case involving mesothelioma or other asbestos-related illnesses differs from a typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by same law firms and same expert witnesses.
In order to develop a successful defense in an asbestos-related case attorneys need access to a comprehensive database that can identify possible sources of exposure. This includes reviewing the work site, speaking with coworkers and obtaining documents from employers and suppliers. This involves locating and interviewing nurses or doctors who might be able to be able to testify about asbestos exposure.
The creation of this type of database can be a challenge particularly in situations where the data was lost or destroyed over the course of time. When this happens it could necessitate the reconstruction of a complete claims database and insurance program, often from multiple sources like loss runs, claim files, internal systems and defense counsel records. It can take a long time or even decades to complete.
Asbestos lawyers should also have access to a software that allows them to locate potential exposure areas and identify potential defendants. Attorneys can cut down on time and money by having this information readily available.
After Canton asbestos lawyer of several asbestos producers, plaintiffs' attorneys searched for new defendants to their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and suits that name less than 100 defendants is rare.
Identifying Defendants
Most asbestos cases are founded on evidence based on facts that are discovered. Many asbestos companies resisted for many years 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 help plaintiffs establish that certain defendants products were responsible for their injuries. To win a lawsuit, the plaintiff must demonstrate that the defendant's products were used at his work place, that he breathed in dust from the product and that exposure to the product was a major factor in his injuries.
Because asbestos cases contain multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. The key is to develop an information database that links employers locations, products and locations by interviewing co-workers and relatives looking over work orders and invoices as well as documents from suppliers and vendors and analyzing samples taken from the plaintiff's home and workplace websites. The type of asbestos involved - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants because each product is made by a different manufacturer.
The defendants must take the time to review these facts and identify the possible sources of exposure, which can involve a review of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is long, creating an accurate database requires extensive and costly research.
Due to the huge number of cases and the limited resources of many 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 the duplication of discovery.
Developing a Case
Asbestos suits require a lot of investigation and the review of many documents. This can be a challenge because exposure to asbestos typically occurred years before a victim became sick. To identify the sources of the exposure, attorneys must conduct interviews and carefully go through hundreds of pages of documentation like employment records, union documents social security and tax files, and medical and laboratory reports.
The plaintiffs' lawyers also must do all they can to find additional defendants. In many instances, the number of defendants could be as high as 30 or 40. To do so they need to look further down the supply chain and look into entities with a possible nexus to asbestos that have not been named in the litigation.
This process can be very long and time-consuming, particularly when the claimant suffers from mesothelioma and other severe diseases. Additionally, it is often difficult to locate witnesses and to obtain physical evidence.
A mesothelioma lawyer will establish all potential defendants, and their connection to the victim's exposure. This can involve a thorough review over the past 40 years of a victim's life, including interviews and a look at their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy relies on a wealth of experience in a tangled area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment at the beginning of 1994. We are also national leaders in defending businesses involved in industry-wide multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide variety of defendants, including product manufacturers, distributors, and contractors. We have extensive experience in formulating and drafting key defenses including expert testimony, jurisdictional Case Management Orders.
Preparing for trial
Lawyers need to carefully 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, preparing all witnesses and identifying evidence to be used in the case. This process can take a long time in cases that are complex.
Many asbestos sufferers develop a less severe disease like asbestosis, fibrous or pleural plaques prior to the mesothelioma's onset. Asbestosis can cause chest pain, coughing, and difficulty breathing.
Asbestos victims' attorneys must also carefully review the evidence to determine any possible defendants who could be held responsible for asbestos-related injuries. This involves interviewing family members, coworkers, asbestos abatement workers and asbestos manufacturers, and obtaining various documents.
After a lawyer has identified a potential defendant, they must determine the liability of the person. The defendants may be individuals, corporations or governmental agencies. They are accountable for their wrongful actions.
Congress has proposed several legislative remedies to resolve asbestos lawsuits. However, these initiatives have failed due to a number of political issues. Asbestos victims, their lawyers and the government are 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 lawyers have held insurance companies, and other responsible parties accountable for their involvement 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-related issues.
The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at winter and annual conventions.