What NOT To Do Within The Asbestos Litigation Industry

Asbestos Litigation

Each asbestos case is unique, but the general procedure for defending against claims based on asbestos is the same. Your attorney should conduct a deposition with the plaintiff.

A person's exposure to asbestos can come from numerous sources, not only a single employer or company. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

To submit an asbestos claim it is essential to determine the source of asbestos exposure. Lawyers representing victims typically use medical records to determine asbestos' source. This can assist victims in receiving compensation from the companies liable for asbestos exposure.

Compensation is essential for mesothelioma patients and their families to pay for the cost of costly treatment. Compensation can help families cope when a mesothelioma diagnosis is announced.

Asbestos cases are complex legal issues. Victims must be aware of their rights and procedures. While attorneys can handle a lot of aspects of a case the victims are expected to be involved in their case as well. This includes responding to discovery requests and participating in court depositions.

It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is essential to consult an experienced asbestos attorney as soon as possible. In the event of not filing a claim within the appropriate time frame could result in the loss on financial compensation.

In some instances, asbestos products made by multiple companies have been used to expose victims. In these instances, victims' attorneys may need to identify the manufacturers 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. It has been the cause of dozens of bankruptcy filings by asbestos producers. Many of these companies have created trust funds to compensate asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite research conducted by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making an Database

A lawsuit involving asbestos-related diseases or mesothelioma differs from a typical personal injury claim. In many cases asbestos litigation, there are a lot of the same defendants (companies who are being sued) as well as many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.

In order to develop a successful defense in a case involving asbestos attorneys need access to a database that can help identify potential sources of exposure. This includes looking over job sites, interviewing co-workers and obtaining records from employers and suppliers. The process also involves finding and interviewing doctors and nurses who can testify about asbestos exposure.

This type of database is difficult to build, particularly in the event that the data was lost over time. If this happens it may necessitate the reconstruction of an entire claims database and insurance program, usually from a variety of sources, including loss runs claims files, internal systems, and defense counsel records. This can take many years or even decades to complete.

Asbestos lawyers must also have access to a software that allows them to find potential exposure areas and identify potential defendants. The information that is at the fingertips of lawyers can help save time and money.

Following the massive bankruptcy of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and suits naming less than 100 defendants is a rarity.

Identifying defendants

Most asbestos cases are based on evidence based on facts that are discovered. Many asbestos companies resisted for years that their products could cause harm to people, but after lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can assist plaintiffs prove that a specific defendant' products caused their injuries. To win a lawsuit, the plaintiff must demonstrate that the defendant's products were used in his workplace, that he inhaled dust from the product, and that the exposure was a major cause of his injuries.

Asbestos cases often involve several defendants. The process of identifying them is different from a personal injury case. Through interviews with coworkers and family members, reviewing invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples from the plaintiff's work place and home, it is possible to establish a database that links employers, locations, and products. The type of asbestos involved such as amosite, chrysotile or Crocidolite - could be helpful in identifying defendants because each product is made by an individual manufacturer.

The defendants must take the time to review the facts and determine all possible sources of exposure, which may require a review of more than 40 years of a worker's life through Social Security, union, tax and other documents. Due to the lengthy latency of asbestos lawyers-related injuries, it's difficult and costly to create an accurate database.

Due to the sheer number of cases and the limited resources of many defendants asbestos cases are often referred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to pool resources and also avoid duplicate discovery.

Case Development

Asbestos suits require a lot of study and examination of a variety of documents. This can be particularly difficult because exposure to asbestos typically occurred long before the victim developed a health issue. To determine the sources of exposure, lawyers must conduct interviews and look over thousands of pages of documentation including the employment records, union documents as well as social security and tax files as well as medical and laboratory reports.

The attorneys representing the plaintiffs have to do everything they can to find additional defendants. In certain instances, there could be as high as 40 defendants. To do so, they must look further down the supply chain and research companies that may have a connection to asbestos that have not been identified in the lawsuit.

This process can be very long, particularly if the claimant has mesothelioma or other serious illnesses. In addition, it can be often difficult to locate witnesses and get physical evidence.

An attorney for mesothelioma will try to determine the identity of all defendants and their connections to the victim's exposure. This could be a thorough analysis of the last 40 years of a victim's life, which may include interviews as well as a review of their social security, labor, union and tax records.

A successful asbestos litigation strategy is dependent on extensive experience in a complex area of law. Since its inception at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad range of defendants, including product manufacturers, distributors, and contractors. We have extensive experience in formulating and establishing crucial defenses, expert witness 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' arguments and evidence are the strongest they can be. This involves reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the trial. This process can take several years in the case of complex cases.

Many asbestos victims are diagnosed with a less serious disease like asbestosis, the pleural plaque or fibrosis, prior to the development of mesothelioma. Asbestosis symptoms can include tightening of the lungs that can cause breathing difficulties, coughing, chest pain and so on.

Attorneys representing asbestos victims must also carefully review the evidence to identify potential defendants that might be accountable for the asbestos-related injuries. This involves interviewing co-workers or family members, abatement workers, asbestos manufacturers and obtaining various documents.

After an attorney has identified a possible defendant, they need to determine the liability of that person. The defendants could be individuals, companies or government agencies. They are accountable for their actions that were negligent.

Congress has enacted a number of legislative solutions to end asbestos lawsuits. These efforts have not been successful due to a range of complex political factors. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. Our lawyers have held asbestos producers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is handled by five judicial districts in which cases are assigned to judges that are experienced with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's club members. Members interact and discuss legal issues and strategies on the group's plaintiff-only list server at the annual and winter conventions, and in educational seminars on asbestos lawyers litigation.