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Asbestos Litigation

Every asbestos case is different however, the general procedure to defend against such claims is the same. Your lawyer will ask you to conduct depositions of the plaintiff.

The exposure of a person to asbestos can come from many places, not just one employer or company. This is why asbestos cases usually involve multiple defendants.

Find out the source of exposure

The identification of asbestos exposure is an important step in filing an asbestos claim. Often, victims' attorneys may use medical documents to determine the source of asbestos. This can help victims receive compensation from the companies liable for asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can help families cope with a mesothelioma diagnoses.

Asbestos lawsuits can be a complicated legal cases, and victims need to understand their rights and the way in which the process operates. While attorneys can handle a lot of aspects of a case the plaintiffs are expected to take part in their own case. This includes responding to discovery requests and taking depositions.

Be aware that the statutes are restricted in New York, and you should consult an asbestos attorney as soon a possible. If you don't file your claim within the prescribed time period you could be unable to collect on financial compensation.

In certain instances, victims were exposed to asbestos products manufactured by several companies. In these cases, victims lawyers may be required to identify the manufacturer of each product, in addition to the contractors or employers who provided the asbestos-containing materials.

Asbestos litigation has been the longest-running mass tort of American history. It is responsible for dozens bankruptcy filings from asbestos producers. Many of these companies established trust funds for asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making an Database

A mesothelioma lawsuit or other asbestos-related illnesses is different from any typical personal injury lawsuit. In a lot of asbestos litigation cases, the plaintiffs are represented by the same law firms and the same expert witnesses.

In order to develop a successful defense in a case involving asbestos attorneys need access to a comprehensive database that can pinpoint possible sources of exposure. This includes looking over the websites of employers, speaking with coworkers and obtaining records from employers and suppliers. This involves finding and interviewing doctors or nurses who may be able provide evidence regarding asbestos exposure.

Developing this type of database can be challenging, especially in cases where the data has been lost or destroyed over time. In these instances it could be necessary to reconstruct a complete insurance program and claims database, using multiple sources, like loss runs, claim files internal system, as well as defense counsel records. It can take a long time or even years to complete.

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

After the bankruptcy of many asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the volume is paramount and lawsuits that name less than 100 defendants are not common.

Identifying defendants

The actual basis of asbestos lawsuits is often established through discovery. Many asbestos companies denied for decades that their products could cause harm to people, but once the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that particular products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's products were used at his workplace, that he inhaled dust from the product, and that exposure to the product was a major cause of his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different than a typical personal injury case. By interviewing family and coworkers members, looking over invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples from the plaintiff's work place and home, it is possible to build an information database that connects employers as well as locations and products. It can also help to identify defendants if you are aware of the kind of asbestos, such as amosite or chrysotile.

Defendants must carefully look over these facts and determine all possible sources of exposure. This can include a review of over 40 years of records from Social Security, tax, union, and other records of the worker. Due to the lengthy latency of asbestos-related injuries, it is difficult and costly to build an accurate database.

Due to the sheer number of cases and the insufficient resources of defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent the duplication of discovery.

Making a Case

Asbestos lawsuits require a lot of investigation and the review of numerous 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 the exposure, attorneys must conduct interviews and carefully review hundreds of pages of documentation such as employment records, union documents as well as social security and tax files, and medical and laboratory reports.

The lawyers representing the plaintiffs must also do everything they can to find other defendants. In some cases, there can be up to 40 defendants. To achieve this, they must look further down the supply chain and research entities with a possible nexus to asbestos, even if they haven't been named in the litigation.

This process can be very lengthy, especially if the claimant suffers from mesothelioma and other severe diseases. In addition, it is often difficult to find witnesses and get physical evidence.

A mesothelioma lawyer will identify all potential defendants, and their connection to victim's exposure. This may involve a thorough review over the past 40 years of a victim's life, including interviews and a review their social security, labor, union and tax records.

A successful asbestos lawsuit (over here) litigation strategy depends on extensive experience in a complicated area of law. 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 nationally recognized as leaders in the defense of companies involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and representing the interests of a variety of different defendants, including product manufacturers distributors, suppliers, and contractors. We have extensive experience in creating and implementing important defenses including expert testimony, jurisdictional Case Management Orders.

Prepare for Trial

Lawyers need to carefully prepare their cases before trial so that their clients have the strongest evidence and arguments possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying evidence to be used in the trial. This process can be lengthy in cases that are complex.

Before developing mesothelioma asbestos patients develop a lesser disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms include a tightening of the lungs that may cause difficulty breathing, coughing, and chest pain.

Asbestos victims' lawyers must also scrutinize the evidence to determine any potential defendants that could be held responsible for asbestos-related injuries. This may involve interviewing coworkers, family members, asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

After identifying a potential defendant An attorney must determine the responsibility of this party. The defendants could be individuals, corporations or government agencies. They must be held responsible for their negligent acts.

Congress has enacted a number of legislative solutions to settle asbestos lawsuits. However, these efforts have failed due to a variety of political issues. Asbestos victims and their lawyers are determined to hold negligent asbestos companies accountable for their actions.

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

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