The 10 Most Scariest Things About Asbestos Litigation
Asbestos Litigation
Each asbestos case is unique however the general procedure to defend against such claims is similar. Your lawyer will ask you to conduct depositions of the plaintiff.
A person's exposure to asbestos can be triggered by many places, not just a single employer or company. This is why asbestos cases usually involve multiple defendants.
Identifying the source of exposure
In order to file an asbestos claim, it is essential to determine the source of asbestos exposure. Often, victims' attorneys can use medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.
Compensation is needed by mesothelioma patients as well as their families to cover the cost of costly treatment. Compensation can help families cope with a mesothelioma diagnoses.
Asbestos lawsuits are complex legal cases, and victims need to know their rights and how the process works. While attorneys are able to handle many aspects of a case they are expected to be involved in the case. This includes responding to discovery requests and attending depositions in court.
Remember that the statutes are limited in New York, and you should consult an asbestos attorney as soon a possible. In the event of not filing an asbestos claim within the required time frame could result in a denial on financial compensation.
In some cases, asbestos products made by multiple companies have been used to expose victims. In these cases, lawyers representing the victims will need to identify all the asbestos-containing products, as well the contractors and employers who supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort in American history. It has been responsible for dozens of bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. But asbestos defendants continue to contest evidence linking asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making a Database
A case involving asbestos-related diseases or mesothelioma differs from a typical personal injury claim. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms and the same expert witnesses.
To be able to build a successful asbestos defense, attorneys need to have access to an extensive database that will help them identify potential exposure sources. This involves reviewing the websites of employers, speaking with coworkers and obtaining documents from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able to be able to testify about asbestos exposure.
Making this kind of database can be difficult, especially in cases where the data has been deleted or lost over time. In these situations it could be necessary to recreate an entire insurance program and claims database, making use of multiple sources, including loss runs, claim files, internal system and defense counsel records. It could take years, or years, to complete.
Asbestos lawyers should also have access to a software that allows them to locate potential exposure sites and to identify potential defendants. Lawyers can save time and money by having this information readily available.
After the collapse of several asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the volume is paramount and lawsuits that name less than 100 defendants are a rarity.
Identifying the Defendants
The truthful basis of asbestos lawsuits is often established through discovery. Many asbestos companies denied for years that their products could harm people, but when the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was utilized at his workplace, that the worker was exposed to it by inhaling dust and that the exposure to the dust was a major factor in his injuries.
Asbestos cases usually involve several defendants. The process of identifying them differs from a personal injury lawsuit. By interviewing family and coworkers members, reviewing invoices and work orders, getting documents from suppliers and vendors, and analyzing asbestos samples taken from the plaintiff's workplace as well as home it is possible to build an online database that links employers, locations, and products. It is also possible to identify defendants if you know the type of asbestos, such as amosite or chrysotile.
Defendants must carefully review these facts and pinpoint the possible sources of exposure. This could involve a thorough review of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is so long, establishing an accurate database is a lengthy and costly discovery.
Due to the sheer number of cases and the insufficient resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent the duplication of discovery.
Case Development
Asbestos suits require a lot of investigation and the review of many documents. This can be a difficult task, since asbestos exposure often occurs years before the person who suffers from illness. To determine the source of asbestos exposure, attorneys must conduct interviews and review thousands pages of documentation, such as employment records and union documents tax files, social security files and medical and laboratory reports.
The plaintiffs' attorneys must also do everything they can to locate other defendants. In many cases, the number defendants could be as high as 30 or 40. To accomplish this, they must examine the supply chain to look into entities that may have a connection with asbestos but who are not named in the lawsuit.
This process can be extremely long and time-consuming, particularly when the plaintiff is suffering from mesothelioma and other severe diseases. It can be difficult to find witnesses and collect physical evidence.
A mesothelioma lawyer will establish the potential defendants and their connection to victim's exposure. This could be accomplished by a thorough analysis of more than 40 years of the victim's life through interviews and a review of their social security, union, and tax records.
A successful asbestos attorneys litigation strategy is dependent on years of experience in a tangled area of law. Since the time we were founded at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos lawyer litigation and is a leader in the nation in defending companies in multi-jurisdictional, industry-wide litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide range of defendants, including distributors, manufacturers, and contractors. We have extensive expertise in developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.
Preparing for Trial
Lawyers must be careful in preparing their cases for trial to ensure that their clients' arguments and evidence are as strong as they could 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 be lengthy in cases that are complex.
Many asbestos victims develop a less severe disease like asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis symptoms include a tightening of the lungs which may cause difficulty breathing, coughing and chest pain.
Asbestos victims' lawyers must also carefully review the evidence to determine any potential defendants who could be held accountable for the asbestos lawyer injuries. This includes speaking with family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and gathering various documents.
After an attorney has identified a potential defendant, they need to determine the liability of that person. The defendants may be individuals, companies or government agencies. They are accountable for their negligent acts.
Congress has offered a variety of legislative remedies to resolve asbestos lawsuits. However, these attempts have failed due to a variety of political issues. Asbestos victims and their lawyers are still 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 asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are assigned by judges with experience in asbestos cases.
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.
