The Ugly The Truth About Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique however the process for defending such claims is the same. Your attorney will want you to conduct depositions of the plaintiff.

The exposure of an individual to asbestos can be triggered by 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 important to identify asbestos exposure. Lawyers representing victims typically make use of medical records to determine asbestos' source. This could help victims receive compensation from the companies accountable for asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of costly treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma diagnosis.

Asbestos lawsuits are complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. While attorneys can handle a variety of aspects of a case they are expected to be involved in the proceedings. This includes responding to requests for discovery and attending court depositions.

Remember that the statutes of limitations are restricted in New York, and you must consult an asbestos attorney as soon a possible. If you fail to file your claim within the prescribed time frame you could be denied on financial compensation.

In some instances asbestos-containing products produced by multiple companies have been used to expose victims. In these cases, victims lawyers may be required to identify the companies that made each product, as well as the contractors or employers who provided the asbestos-containing materials.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for hundreds of bankruptcy filings from asbestos producers. Many of these companies have established trust funds for asbestos lawsuit victims. However, asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is despite research conducted by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating the Database

A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury lawsuit. In a lot of asbestos litigation cases, the plaintiffs are represented by same law firms and same expert witnesses.

To be able to build a successful asbestos defense, lawyers need to have access to a vast database that will help them identify potential exposure sources. This involves reviewing job sites, interviewing co-workers and collecting information from suppliers and employers. The process also requires finding and interviewing nurses and doctors who can testify about asbestos exposure.

This type of database is difficult to build, particularly when the data has been lost over time. In these cases, it may be necessary to reconstruct the entire insurance program and claims database making use of multiple sources, such as loss runs and claim files internal system and defense counsel records. This can take many years or even 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. Attorneys can save time and money by having this information readily available.

After the bankruptcy of many asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and lawsuits naming less than 100 defendants is a rarity.

Identifying the Defendants

The factual foundation of asbestos cases is often established through discovery. asbestos lawsuit companies have denied for a number of years that their products could cause harm, but once the lawsuits began documents from the company revealed evidence of the dangers. These documents can be used to prove that certain 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 they were exposed to it inhaling dust and that the exposure to the dust was a major reason for his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different from the typical 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 collected from the plaintiff's workplace and home it is possible to build an information database that connects employers as well as locations and products. It is also possible to identify defendants if one knows the type of asbestos lawyers, such as amosite or chrysotile.

The defendants must be attentive to these facts and identify the possible sources of exposure. This may require a review of more than forty years of a worker's existence through Social Security, union, tax and other records. Because of the long time lag of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Due to the huge number of asbestos cases and the insufficient resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This gives defendants the opportunity to share resources and to avoid duplication of discovery.

The process of creating a case

Asbestos lawsuits require extensive research and the review of numerous documents. This can be particularly difficult because asbestos exposure often occurred years before a victim developed a health issue. To identify the source of asbestos exposure, attorneys must conduct interviews and go through thousands of pages of documents, such as union and employment records, tax files and social security files, medical and laboratory reports.

The plaintiffs' lawyers also must do all they can to locate additional defendants. In certain cases, there could be as many as 40 defendants. To achieve this, they need to investigate the supply chain to find companies that could have a link to asbestos but who are not named in the lawsuit.

This process can be very lengthy, especially if the claimant suffers from mesothelioma, or other serious illnesses. In addition, it is often difficult to find witnesses and get physical evidence.

A mesothelioma attorney will work to establish all potential defendants and the connection to the victim's exposure. This could involve a thorough review over the past 40 years of the victim's life, which may include interviews and a review their social security and union, as well as tax records.

A successful asbestos litigation strategy requires extensive experience in this complex legal field. Since our founding in 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, global litigation. We serve as National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience formulating and drafting key defenses, expert testimony and jurisdictional Case Management Orders.

Preparing for the Trial

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

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

Lawyers for asbestos victims should also look over the evidence to determine potential defendants that could be held accountable for the asbestos-related injuries. This involves interviewing coworkers, family, asbestos abatement workers and asbestos manufacturers, and obtaining various documents.

After identifying a potential defendant an attorney must determine the responsibility of the defendant. The defendants may be individuals, corporations or governmental organizations. They must be held accountable for their actions.

A variety of legislative solutions to end asbestos litigation have been suggested in Congress. These efforts haven't been effective due to a myriad of complicated political issues. Asbestos victims and their lawyers are determined to hold negligent asbestos companies accountable for their conduct.

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

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at annual and Winter conventions.