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Asbestos Litigation

Each asbestos case is unique, but the general procedure for defending against claims based on asbestos is the same. Your lawyer will need to take a deposition of the plaintiff.

The cause of asbestos exposure could be numerous, not only one employer or company. This is the reason asbestos cases usually involve multiple defendants.

Find out the source of exposure

To file 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 responsible for their asbestos exposure.

Mesothelioma sufferers and their families require compensation to pay for mesothelioma treatments. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.

Asbestos cases are complex legal issues. Victims must be aware of their rights and the process. 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 attending depositions.

Remember that the statutes are restricted in New York, and you should seek advice from an asbestos lawyer immediately if you are able to. Failure to file an asbestos claim within the proper time frame could result in the loss on financial compensation.

In some cases victims have been exposed to asbestos-containing products produced by several companies. In these cases, the victims lawyers may be required to identify the manufacturers of 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, and it has been the cause of numerous bankruptcy filings filed by asbestos producers. Many of these companies set up trust funds for asbestos victims. But asbestos defendants continue to challenge evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite research by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making the Database

A mesothelioma lawsuit or other asbestos-related diseases is different from any typical personal injury lawsuit. 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 that represent plaintiffs and many of the same expert witnesses.

To build a strong asbestos defense, lawyers have to be able to access a large database that can identify possible exposure sources. This includes reviewing job sites, interviewing co-workers and obtaining information from suppliers and employers. The process also requires tracking down and interviewing doctors and nurses who can testify regarding asbestos attorneys exposure.

This kind of database is difficult to build, particularly if the data has been lost over time. In these instances, it may be necessary to reconstruct a complete insurance program and claims database using multiple sources including loss runs, claim files, internal system and defense counsel records. This could take a number of years or even years to complete.

Asbestos lawyers should also have access to a program that allows them locate potential exposure sites and identify potential defendants. Lawyers can save time and money by having this information at their fingertips.

Following the massive bankruptcies of many asbestos manufacturers attorneys for plaintiffs sought new defendants to name in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and suits naming fewer than 100 defendants are rare.

Identifying Defendants

Most asbestos cases are founded on factual evidence that is discovered. Many asbestos companies denied for years that their products could harm people, but when the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can aid plaintiffs prove that specific defendants' products caused their injuries. In order 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 this exposure was a major cause of his injuries.

asbestos attorneys cases typically involve several defendants. The method of identifying them is different from a personal injury case. By interviewing family and coworkers members, reviewing invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's workplace and home, it is possible to create an online database that links employers as well as locations and products. It is also possible to identify defendants if one knows the type of asbestos such as amosite or chrysotile.

Defendants are required to carefully review these facts, and identify all possible exposure sources. This may include a review of over 40 years of records from Social Security, tax, union and other documents of workers. Because of the long time lag of asbestos-related injuries, it is difficult and expensive to establish 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 multi-district lawsuit (MDL). This practice allows defendants to share their resources and reduce duplicate discovery.

Developing a Case

Asbestos suits require a lot of study and examination of numerous documents. This can be a particularly difficult task because asbestos exposure is often a long time before the person who suffers from illness. To pinpoint the source of asbestos exposure, lawyers must conduct interview and carefully review thousands pages of documentation, such as union and employment records, tax files and social security records, medical and laboratory reports.

The lawyers representing the plaintiffs must do all they can to find additional defendants. In some cases, there can be up to 40 defendants. To do this, they need to examine the supply chain to look into companies that could have a connection with asbestos, but aren't named in the lawsuit.

This process can be very lengthy, especially when the claimant suffers from mesothelioma or any other serious illness. It can be difficult to locate witnesses and to gather evidence.

A mesothelioma lawyer will establish the identity of all defendants who could be implicated, and their connection to the victim's exposure. This could involve a thorough review over the past 40 years of the victim's life. This may include interviews and a review their social security, labor, union and 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 our founding at the beginning of 1994. We are also experts in the nation's defense of firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad variety of defendants, including product manufacturers, distributors and contractors. We have a wealth of experience creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Preparing for Trial

Lawyers need to carefully prepare their cases prior to trial so that their clients are able to present the strongest arguments and evidence possible. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the case. 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 can cause coughing, chest pain, and breathing difficulties.

Asbestos victims' lawyers must also examine the evidence to find potential defendants who could be held responsible for the asbestos injuries. This includes speaking with coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, in addition to getting various documents.

Once a defendant is identified as a possible defendant an attorney must determine the legal liability of this party. The defendants may be individuals, corporations or government agencies. They must be held accountable for their actions.

Congress has proposed several legislative solutions to settle asbestos lawsuits. However, these attempts have not been successful due to a variety of complicated political motives. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled hundreds of cases in New York State and across the nation. Our attorneys have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges who are familiar with asbestos-related issues.

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, and at winter and annual conventions.