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Asbestos Litigation

Each asbestos case is unique however the process for defending such claims is similar. Your attorney will want to take a deposition of the plaintiff.

The source of asbestos exposure could be many, not just one company or employer. This is why asbestos cases usually involve multiple defendants.

Determine the source of exposure

In order to submit an asbestos lawsuits claim it is important to identify asbestos exposure. Lawyers for victims often make use of medical records to determine asbestos' source. This can help victims get compensation from the companies responsible for their asbestos exposure.

Compensation is essential for mesothelioma patients as well as their families to cover the cost of expensive treatment. Compensation can help families cope emotionally with a mesothelioma diagnoses.

Asbestos lawsuits are complicated legal cases, and victims need to know their rights and how the process works. While attorneys are able to handle a variety of aspects of a case victims are expected to participate in their case as well. This includes responding to discovery requests and participating in depositions in court.

Be aware that the statutes are limited in New York, and you should consult an asbestos attorney as soon as you can. If you don't file your claim within the prescribed time frame you could be denied on financial compensation.

In some cases, victims were exposed to asbestos-containing products produced by various companies. 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 materials.

Asbestos litigation has been the longest-running mass tort in American history. It's the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds to pay compensation to asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies 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 lawsuit involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies that are sued), 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, lawyers need to have access to an extensive database that will help them identify potential exposure sources. This includes looking over the websites of employers, speaking with coworkers and getting documents from suppliers and employers. The process also requires the search for and interviewing doctors and nurses who can testify about asbestos lawsuit exposure.

This kind of database can be difficult to build, particularly if the data has been lost over time. If this happens it could necessitate the reconstruction of a complete claims database as well as an insurance program, typically from a variety of sources, including loss runs claims files, internal systems and defense counsel records. It could take years, or decades to complete.

Asbestos lawyers must also access to a software that lets them identify potential defendants and locate potential exposure sites. Having this information at the fingertips of attorneys can save time and money.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys searched for new defendants to their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where volume reigns supreme and lawsuits that name less than 100 defendants are rare.

Identifying the Defendants

The truthful basis of asbestos cases is often established through discovery. Many asbestos companies resisted for decades that their products could cause harm to people, but when lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can assist plaintiffs establish that certain defendants products were responsible for their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was used at the workplace and that he was exposed to it inhaling dust and that exposure was a significant reason for 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, examining 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 a database that links employers locations, workplaces, and products. It is also a good way to identify defendants if you are aware of the type of asbestos like amosite or chrysotile.

The defendants must take the time to review these facts and identify the possible sources of exposure. This could involve a thorough examination of more than 40 years of a worker's existence through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it is difficult and expensive to establish an accurate database.

Due to the high volume of asbestos cases and the insufficient resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants to share resources and prevent duplicate discovery.

Developing a Case

Asbestos suits require a lot of research and the examination of a variety of documents. This can be a difficult task because asbestos exposure often occurs years before the victim becomes ill. To determine the source of the asbestos exposure, attorneys must conduct interviews and go through thousands of pages of documents, such as union and employment records tax files, social security files and medical and lab reports.

The lawyers representing the plaintiffs must also do everything they can to find other defendants. In many cases, the number of defendants can be as high as 30 or 40. To do so they must go further down the supply chain and look into entities with a possible nexus to asbestos, even if they haven't been named in the litigation.

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

A mesothelioma lawyer will establish all potential defendants, and their connection to victim's exposure. This can be a thorough analysis of the last 40 years of the victim's life, including interviews and a look at their social security and union, as well as tax records.

A successful asbestos litigation strategy requires a lot of knowledge of this complicated legal field. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide range of defendants, including product manufacturers, distributors, and contractors. We have a wealth of 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 the strongest they can be. This involves reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the case. This can take a lot of time in cases that are complex.

Before developing mesothelioma, many asbestos attorneys sufferers develop a less severe disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms can include tightening of the lungs which can cause breathing difficulties, coughing, and chest pain.

Asbestos victims' attorneys must also examine the evidence to find potential defendants who could be held accountable for the asbestos-related injuries. This involves interviewing family members, colleagues, asbestos abatement workers and asbestos manufacturers, and gathering various documents.

Once a defendant has been identified an attorney must determine the responsibility of the party. The defendants may be individuals, companies or governmental agencies. They must be held accountable for their wrongful actions.

A variety of legislative solutions to end asbestos litigation have been suggested in Congress. These efforts have not been effective due to a myriad of complex political factors. Asbestos victims as well as their lawyers and the government remain committed to holding negligent asbestos companies accountable for their behavior.

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

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