20 Myths About Asbestos Litigation: Debunked

Asbestos Litigation

Each asbestos case is different however, the general procedure to defend these claims is the same. Your lawyer will ask you to take an interview with the plaintiff.

The exposure of an individual to asbestos can come from many places, not just a single employer or company. This is why asbestos cases usually involve multiple defendants.

Determine the source of exposure

Identifying asbestos exposure is a crucial step to file an asbestos claim. Lawyers for victims often utilize medical records to determine asbestos' source. This can assist victims in receiving compensation from the companies liable for their asbestos exposure.

Mesothelioma patients and their families require compensation to cover the cost of mesothelioma-related treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma being diagnosed.

Asbestos cases can be a complicated legal issues. Victims need to know their rights and the procedure. While attorneys are able to handle a variety of aspects of a case the plaintiffs are expected to take part in their own case. This includes responding to discovery requests and participating in court depositions.

Remember that the statutes are limited in New York, and you should seek advice from an asbestos lawyer immediately if you are able to. Failure to file an asbestos claim within the required time frame could result in missing out on financial compensation.

In some cases victims have been exposed to asbestos products manufactured by multiple companies. In these instances, victims' attorneys may need to identify the manufacturer of each product, in addition to the contractors or employers who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of numerous bankruptcy filings filed by asbestos producers. Many of these companies have established trust funds to pay compensation to asbestos victims. However, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing an Database

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

To be able to build a strong defense in a case involving asbestos, attorneys must have access to a vast database that can pinpoint potential exposure sources. This includes looking over the websites of employers, speaking with coworkers and getting information from suppliers and employers. The process also requires the search for and interviewing doctors and nurses who can testify about asbestos exposure.

Making this kind of database can be challenging particularly when the data has been lost or destroyed over the course of time. In these cases it could be necessary to reconstruct the entire insurance program and claims database, making use of multiple sources, including loss runs, claim files internal system and defense counsel records. This can take years, or even years to complete.

asbestos lawyers (Our Web Site) must also have access to a program that allows them to find potential exposure sites and identify potential defendants. Lawyers can save time and money by having this information readily available.

Following the massive bankruptcy of asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where volume reigns supreme and suits naming fewer than 100 defendants are rare.

Identifying the defendants

The factual foundation of asbestos attorney cases is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but when the lawsuits began the company's documents revealed evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To prevail in a lawsuit, a plaintiff has to demonstrate that the defendant's products were used in the workplace, and that he inhaled dust from the product, and that this exposure was a major reason for his injuries.

asbestos lawsuit cases often involve multiple defendants. The method of identifying them differs from a personal injury case. The key is to build an information database that links employers, locations and products by speaking with relatives and coworkers as well as reviewing invoices and work orders and obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and workplace websites. It can also help to identify defendants if you are aware of the type of asbestos such as chrysotile or amosite.

The defendants are required to thoroughly look over these facts and determine all possible sources of exposure. This may include a thorough review of more than 40 years of records from the Social Security, tax, union and other documents of the worker. Due to the long latency of asbestos-related injuries, it is difficult and costly to build an accurate database.

Due to the high volume of asbestos cases and limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants to share resources and prevent duplication of discovery.

The process of creating a case

Asbestos suits require extensive investigation and the review of a variety of documents. This can be a particularly difficult job, as asbestos exposure is often a long time before the person who suffers from illness. To pinpoint the source of the asbestos exposure, attorneys must conduct an interview and review thousands pages of documentation including employment records and union documents as well as tax files, social security records, medical and laboratory reports.

The lawyers representing the plaintiffs have to do everything they can to identify additional defendants. In many cases, the number of defendants could be as high as 30 or 40. To achieve this they must go further down the supply chain and investigate companies that may have a connection to asbestos attorney, but have not been named in the litigation.

This process is often very time consuming, especially when the claimant suffers from mesothelioma, or other serious diseases. In addition, it is often difficult to locate witnesses and obtain physical evidence.

A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their connection to victim's exposure. This may require a thorough examination of more than 40 years of the victim's life via interviews as well as a review of their social security, union, and tax records.

A successful asbestos litigation strategy requires a lot of knowledge of this complicated legal field. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in defending businesses in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel as well as coordinating the interests of many different defendants, including product manufacturers distributors, suppliers, and contractors. We have a wealth of experience formulating and drafting key defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must be careful in preparing their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they can be. This involves reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the trial. This process can take a long time in complex cases.

Before developing mesothelioma, many asbestos patients develop a lesser disease such as asbestosis, the pleural plaque or pleural fibrosis. Asbestosis can cause coughing, chest pain, and breathing problems.

Attorneys representing asbestos victims must also carefully review the evidence to identify potential defendants who might be accountable for the asbestos injuries. This may involve interviewing coworkers, family members, asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

After identifying a potential defendant an attorney must determine the legal liability of this party. The defendants could be individuals, companies or governmental organizations. They must be held accountable for their negligent actions.

Several legislative remedies to resolve asbestos litigation have been formulated in Congress. However, these initiatives have failed due to a number of complicated political motives. Asbestos victims, their lawyers and the government are committed to holding 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 lawyers have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos lawsuit litigation is handled by five judicial districts, where cases are assigned to judges that are experienced with asbestos-related issues.

The Asbestos Litigation Group welcomes all AAJ members including life, regular 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 participate in educational seminars on asbestos litigation.