Asbestos Litigation
Each asbestos case is distinct however the process for defending such claims is similar. Your lawyer will ask you to conduct depositions of the plaintiff.
The exposure of a person to asbestos can be triggered by numerous sources, not only one employer or company. This is why asbestos cases usually involve multiple defendants.
Identifying the source of exposure
In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, attorneys representing victims may use medical records to determine the source of asbestos. This can help victims get compensation from companies accountable for asbestos exposure.
Compensation is required by mesothelioma patients and their families to pay for the cost of expensive treatment. Compensation can also help families cope with the emotional burden of a mesothelioma diagnosis.
Asbestos cases can be a complicated legal issues. Victims must be aware of their rights and procedures. While attorneys can handle a variety of aspects of a case they are expected to be involved in the process. This includes responding to requests for discovery and attending depositions in court.
It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos attorney as soon as you can. In the event of not filing a claim within the appropriate time frame could result in the loss on financial compensation.
In certain instances, victims have been exposed to asbestos products manufactured by various companies. In these instances, victims' attorneys may need to identify the manufacturers of each product, in addition to the contractors or employers who supplied asbestos-containing materials.
Asbestos litigation is the longest-running mass tort in American history. It's the cause of numerous bankruptcy filings from asbestos producers. Many of these companies set up trust funds for asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making the Database
A case involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In many asbestos litigation cases, plaintiffs are represented by same law firms and same expert witnesses.
To be able to build a successful defense in an asbestos case attorneys need access to a vast database that can pinpoint potential exposure sources. This includes reviewing the websites of employers, speaking with coworkers and obtaining information from suppliers and employers. This also involves finding and interviewing nurses and doctors who are able to testify about asbestos exposure.
This kind of database is difficult to develop, especially in the event that the data was lost over time. When this occurs it could require the reconstruction of an entire claims database and insurance program, often from a variety of sources, including loss runs, claim files, internal systems and defense counsel records. It can take years, or even years to complete.
Asbestos attorneys should also access to a program that permits them to identify potential defendants and locate potential exposure sites. This information is at the fingertips of attorneys can save both valuable time and money.
After the collapse of several asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and suits that name less than 100 defendants is rare.
Identifying the Defendants
Most asbestos cases are founded on factual evidence that is discovered. Asbestos firms have denied for many years that their products could cause harm, but when the lawsuits began, documents from the company provided evidence of the dangers. These documents can help plaintiffs establish that certain defendants' products caused their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was used at his work site, that the worker was exposed to it by inhaling dust, and that the exposure was a significant cause of his injuries.
Asbestos cases often involve multiple defendants. The method of identifying them is different from a personal injury case. The key is to build a database linking employers, locations and products by speaking with relatives and coworkers looking over work orders and invoices and obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's residence 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 examine these facts and determine the possible sources of exposure. This can include a look at more than 40 years of records from the Social Security, tax, union and other records of a worker. Because the time lag for asbestos-related injuries is so long, establishing an accurate database is a lengthy and costly discovery.
Due to the huge number of asbestos cases and the limited resources of many defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This gives defendants to share resources, and avoid duplication of discovery.
The process of creating a case
Asbestos suits require a lot of research and the examination of numerous documents. This can be a challenge because asbestos exposure often occurred years before a victim became sick. To identify the source of the asbestos exposure, lawyers must conduct interview and carefully go through thousands of pages of documents like union and employment records, tax files and social security files, medical and laboratory reports.
Lancaster asbestos attorneys representing the plaintiffs must do all they can to locate other defendants. In many instances, the number of defendants can be as high as 30 or 40. To accomplish this, they need to investigate the supply chain to find companies that could have a link to asbestos, but aren't mentioned in the lawsuit.
This process can be extremely lengthy, especially when the plaintiff suffers from mesothelioma or any other serious illness. It is also difficult to find witnesses and to gather evidence.
An attorney for mesothelioma will try 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 a victim's life. This may include interviews as well as a review of their social security and union, as well as tax records.
A successful asbestos litigation strategy depends on years of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our inception at the beginning of 1994. We are also experts in the nation's defense of firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide array of defendants, which includes distributors, manufacturers, and contractors. We have a wealth of experience creating and implementing important defenses, expert testimony and jurisdictional Case Management Orders.
Prepare for the trial
Lawyers need to carefully prepare their cases before trial to ensure that their clients are able to present the strongest evidence and arguments possible. This involves reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used in the trial. This process can take years in cases that are complex.
Many asbestos victims develop a less severe disease such as asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis symptoms include tightening of the lungs that may cause difficulty breathing, coughing, chest pain and so on.
Attorneys representing asbestos victims must also review the evidence to determine potential defendants that might be accountable for the asbestos injuries. This includes interviewing coworkers or family members, abatement workers, asbestos manufacturers and obtaining a variety of documents.
Once a defendant is identified as a possible defendant An attorney must determine the legal liability of the party. The defendants could be individuals, companies or governmental agencies. They are accountable for their negligent actions.
Congress has proposed several legislative remedies to resolve asbestos lawsuits. These efforts have not been effective due to a myriad of complex political factors. Asbestos victims along with their lawyers and government remain determined to hold negligent asbestos firms 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 attorneys have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts, where cases are assigned to judges familiar with asbestos matters.
The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members network and discuss legal issues and strategies on the Group's plaintiff-only list server during the annual and winter conventions, as well as in seminars for education on asbestos litigation.