5 Laws Anybody Working In Asbestos Litigation Should Know

Asbestos Litigation

Each asbestos case is unique however, the general procedure to defend against such claims is similar. Your lawyer will require you to take an interview with the plaintiff.

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

Determining the Source of Exposure

In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Lawyers representing victims typically use medical records to determine asbestos' source. This can help victims get compensation from companies responsible for their asbestos exposure.

Compensation is required by mesothelioma patients as well as their families to cover the cost of costly treatment. Compensation can help families cope emotionally with a mesothelioma diagnoses.

Asbestos cases are complex legal cases. The victims must be aware of their rights and the process. 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 promptly to requests for discovery and attending court depositions.

Remember that the statutes of limitations are limited in New York, and you should consult an asbestos attorney immediately if you are able to. Failure to file a claim within the appropriate time frame could result in a denial on financial compensation.

In some instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, victims' attorneys will need to identify all the asbestos-containing products, as well the companies and contractors that supplied the asbestos-containing products.

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 for asbestos victims. However, asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is despite studies conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

The process of creating an Database

A case involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In many cases asbestos litigation, there are many of the same defendants (companies that are being sued) as well as many of the same law firms representing plaintiffs, and a lot of the same expert witnesses.

To be able to build a successful asbestos defense, attorneys need to have access to a vast database that can identify possible exposure sources. This involves reviewing the websites of employers, speaking with coworkers and obtaining documents from suppliers and employers. The process also involves finding and interviewing nurses and doctors who can testify about asbestos exposure.

Developing this type of database can be a challenge, especially in cases where the data was lost or destroyed over time. In these situations it could be necessary to rebuild an entire insurance program and claims database making use of multiple sources, such as loss runs and claim files internal system, as well as defense counsel records. This can take many years or even decades to complete.

Asbestos attorneys should also access to a program that permits them to identify potential defendants and potential exposure sites. This information is at the fingertips of lawyers can save both valuable time and money.

Following the massive bankruptcy of many asbestos manufacturers attorneys for plaintiffs sought new defendants to name in their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and lawsuits naming less than 100 defendants is not common.

Identifying defendants

Most asbestos cases are based on evidence based on facts that are discovered. Many asbestos lawyer companies denied for decades that their products could harm people, but after lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can be used to prove that particular defendants products caused injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was utilized at his workplace and that he was exposed to it through inhalation of dust and that the exposure was a significant reason for his injuries.

Because asbestos cases involve multiple defendants, the method of identifying defendants is different than an ordinary personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's workplace and home it is possible to establish an information database that connects employers as well as locations and products. It is also a good way to identify defendants if one knows the kind of asbestos, such as amosite or chrysotile.

Defendants must carefully review the facts and determine any potential sources of exposure, which may require a review of more than forty years of a worker's life through Social Security, union, tax and other documents. Due to the long latency of asbestos-related injuries, it is difficult and expensive to establish an accurate database.

Due to the huge number of asbestos cases and the insufficient resources of defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants to share resources, and also avoid duplicate discovery.

Case Development

Asbestos suits require a lot of research and the examination of numerous documents. This can be a difficult job, as asbestos lawyers exposure can occur years before a person is diagnosed with a disease. To identify the source of asbestos exposure, attorneys must conduct interviews and examine thousands of documents including employment records and union documents tax files, social security files and medical and lab reports.

The attorneys representing the plaintiffs must also do everything they can to find other defendants. In certain cases, there could be up to 40 defendants. To accomplish this, they must look further down the supply chain and look into organizations that could have a connection to asbestos, but have not been named in the litigation.

This process can be extremely lengthy, especially if the claimant suffers from mesothelioma and other severe diseases. It can be difficult to locate witnesses and to gather evidence.

A mesothelioma lawyer will establish the potential defendants and their connection to victim's exposure. This could require a thorough examination of more than 40 years of the victim's history through interviews and a review of their social security, union, labor and tax records.

A successful asbestos lawyers litigation strategy requires a wealth of experience in this tangled area of law. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending businesses in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad array of defendants, which includes distributors, manufacturers and contractors. We have a wealth of experience formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for Trial

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

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

Asbestos victims' attorneys must also scrutinize the evidence to determine any potential defendants that could be held accountable for the asbestos-related injuries. This involves interviewing coworkers, family, asbestos abatement workers and asbestos lawyer manufacturers, as well as gathering various documents.

Once a defendant is identified as a possible defendant, an attorney must determine the responsibility of the defendant. The defendants could be individuals, companies or governmental organizations. They must be held responsible for their wrongful actions.

Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these attempts have not been successful due to a number of political issues. Asbestos victims along with their lawyers and government remain determined to hold negligent asbestos firms accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. Our attorneys have held insurance companies and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts in which cases are assigned to judges who are familiar with asbestos issues.

The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members meet 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.