Asbestos Litigation
Every asbestos case is different, but the general procedure for defending against such claims is similar. Your attorney should take a deposition of the plaintiff.
The cause of asbestos exposure can be many, not just one employer or company. That's why asbestos cases often involve multiple defendants.
Determine the source of exposure
Identifying asbestos exposure is an important step in filing an asbestos claim. Attorneys for victims can often make use of medical records to determine asbestos' source. This can help victims receive compensation from the companies responsible for their asbestos exposure.
Mesothelioma patients and their families are entitled to compensation to pay for mesothelioma-related treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.
Asbestos lawsuits are complex legal proceedings, and the victims need to know their rights and the way in which the process operates. Attorneys are able to handle a variety of aspects of a case, they are expected to be involved in the case. This includes responding quickly to discovery requests and participating in depositions in court.
It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos attorney whenever you can. Failing to file an asbestos claim within the proper timeframe could result in the loss on financial compensation.
In some instances asbestos-containing products produced by several companies have been used to expose victims. In these cases, lawyers representing the victims will have to determine the source of all asbestos-containing products as well as the employers and contractors who supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort in American history. It's responsible for numerous bankruptcy filings from asbestos manufacturers. Many of these companies have created trust funds to pay compensation to asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
The process of creating an Database
A mesothelioma lawsuit or other asbestos-related diseases is different from any typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies that are being sued), many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses.
To be able to build a successful asbestos defense, attorneys need to be able to access a large database that can pinpoint potential exposure sources. Durham asbestos attorneys involves reviewing the work site, speaking with coworkers, and obtaining documents from suppliers and employers. The process also involves the search for and interviewing doctors and nurses who are able to testify about asbestos exposure.
This type of database is difficult to create, particularly when the data has been lost over time. In these cases it could be necessary to recreate the entire insurance program and claims database, using multiple sources such as loss runs and claim files, internal system and defense counsel records. This could take a number of years or even decades to complete.
Asbestos lawyers should also have access to a program that allows them to find potential exposure sites and identify potential defendants. Attorneys can cut down on time and money by having this information available to them.
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 trials groups where volume is the rule and suits that name less than 100 defendants is rare.
Identifying the Defendants
The factual foundation of asbestos lawsuits is often established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but once lawsuits started the company's documents provided evidence of the dangers. These documents can assist plaintiffs prove that specific defendants products were responsible for their injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was in use at his workplace and that he was exposed to it inhaling dust, and that the exposure was a significant cause of his injuries.
Because asbestos cases involve multiple defendants, the method of identifying defendants is different than the typical personal injury case. The key is to develop an inventory of employers and their locations, as well as products. This is done through interviews with co-workers and relatives as well as reviewing invoices and work orders as well as documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and workplace sites. It can also help to identify defendants if one knows the type of asbestos such as amosite or chrysotile.
Defendants must carefully review these facts and identify all possible sources of exposure. This could involve a thorough review of more than 40 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's difficult and costly to build an accurate database.
Due to the high volume of asbestos cases, and the limited resources of many defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and reduce the duplication of discovery.
Developing a Case
Asbestos suits require a lot of investigation and the review of many documents. This can be a challenge because exposure to asbestos typically occurred long before the victim developed a health issue. To pinpoint the source of asbestos exposure, attorneys must conduct interview and carefully examine thousands of documents like employment records and union documents tax files, social security files and medical and lab reports.
The attorneys representing the plaintiffs must do all they can to locate other defendants. In many cases, the number of defendants could be as high as 30 or 40. To accomplish this, they have to look down the supply chain to look into companies that might have a nexus with asbestos but who are not mentioned in the lawsuit.
This process is often very lengthy, especially if a claimant is suffering from mesothelioma, or other serious diseases. In addition, it is often difficult to locate witnesses and to obtain physical evidence.
A mesothelioma lawyer will attempt to identify all defendants and their connections to the victim's exposure. This may require a thorough examination of more than 40 years of the victim's history through interviews and a review of their social security, union, labor and tax records.
A successful asbestos litigation strategy is dependent on a wealth of experience in a complicated area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel in representing and managing the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have a wealth of experience establishing and developing crucial defenses, expert testimony and jurisdictional Case Management Orders.
Preparing for the Trial
Lawyers must meticulously prepare their cases prior to trial to ensure that their clients' arguments and evidence are the strongest they can be. This involves reviewing medical records and preparing all witnesses. It also involves identifying exhibits that will be used during the trial. The process can take lengthy in cases that are complex.
Before developing mesothelioma asbestos sufferers develop a less severe disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis can cause chest pain, coughing and difficulty breathing.
Asbestos victims' lawyers must also examine the evidence to identify any potential defendants that could be held liable for the asbestos-related injuries. This involves interviewing co-workers or family members, asbestos manufacturers, asbestos abatement employees and obtaining various documents.
Once an attorney has identified a defendant, they must then determine the liability of that party. The defendants could be businesses, individuals, or government agencies. They must be held accountable for their negligent actions.
Several legislative remedies to resolve asbestos litigation have been formulated in Congress. These efforts haven't been successful due to a variety of complex political factors. Asbestos victims as well as their lawyers and the government are determined to hold asbestos companies accountable for their behavior.
Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our lawyers have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are assigned by judges who have experience in asbestos matters.
The Asbestos Litigation Group welcomes all AAJ members including life, regular, sustainer, and President's club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at annual and Winter conventions.