Many Of The Most Exciting Things That Are Happening With Asbestos Litigation

Asbestos Litigation

Each asbestos case is different, but the general process for defending claims involving asbestos is the same. Your lawyer will need to interview the plaintiff.

A person's exposure to asbestos can come from many places, not just a single employer or company. This is the reason asbestos cases usually involve multiple defendants.

Identifying the source of exposure

Identifying asbestos exposure is a crucial step to file an asbestos claim. Often, the attorneys of victims may use medical records to determine the cause of asbestos. This can assist victims in obtaining compensation from companies responsible for their asbestos exposure.

Mesothelioma victims and their families are entitled to compensation to cover expensive mesothelioma-related treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal proceedings, and the victims need to understand their rights and how the process works. Attorneys are able to handle a variety of aspects of a case they are expected to participate in the proceedings. This includes responding to discovery requests and taking depositions.

It is also important to keep in mind that statutes of limitations in New York are limited, and it is essential to consult an experienced asbestos attorney as soon as you can. Failure to file an asbestos claim within the proper timeframe could result in missing out on financial compensation.

In a few instances, asbestos products made by multiple companies have been used to expose victims. In these cases, victims' attorneys may need to identify the companies that made each product, as well as the contractors or employers who supplied asbestos-containing materials.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of hundreds of bankruptcy filings from asbestos producers. Many of these companies established 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 research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

A lawsuit involving asbestos-related illnesses or mesothelioma is different than a typical personal injury claim. In many cases asbestos litigation, there are many of the same defendants (companies who are being sued) as well as many of the same law firms representing plaintiffs, and a lot of the same expert witnesses.

To develop a successful asbestos defense, lawyers need to have access to a vast database that can identify possible exposure sources. This includes reviewing job sites, talking to coworkers and obtaining information from suppliers and employers. This process involves locating and interviewing nurses or doctors who may be able to provide evidence regarding asbestos exposure.

This type of database is difficult to develop, especially in the event that the data was lost over time. When this occurs it may necessitate the reconstruction of a complete claims database as well as an insurance program, usually from multiple sources like loss runs and claim files, internal systems and defense counsel records. It can take a long time or even years to complete.

Asbestos attorneys must also have access to a program that allows them to identify potential defendants and potential exposure sites. The information that is at the fingertips of lawyers can save both valuable time and money.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys 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 number of defendants is paramount, and suits naming fewer than 100 defendants are rare.

Identifying the Defendants

Most asbestos cases are based on factual evidence that is discovered. Asbestos firms have denied for many years that their products could cause harm, but after lawsuits started documents from the company exposed evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To win a case a plaintiff must demonstrate that the defendant's product was in use at the workplace and that the worker was exposed to it inhaling dust and that exposure was a significant factor in his injuries.

Asbestos cases typically involve several defendants. The process of identifying them differs from a personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, getting documents from vendors and suppliers, and analyzing asbestos samples collected from the plaintiff's work place and home it is possible to establish an information database that connects employers locations, workplaces, and products. It is also a good way to identify defendants if one knows the type of asbestos, like amosite or chrysotile.

Defendants must carefully look over these facts and identify all possible sources of exposure. This could include a review of over 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 long, creating an accurate database requires extensive and costly investigation.

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

The process of creating a case

Asbestos lawsuits require a lot of research and the review of numerous documents. This can be particularly difficult since exposure to asbestos often occurred years before a victim became sick. To determine the source of exposure, attorneys need to conduct interviews and review hundreds of pages of documentation like employment records, union documents tax and social security files, and medical and laboratory 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 achieve this they must go further down the supply chain and research organizations that could have a connection to asbestos that have not been named in the lawsuit.

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

A mesothelioma lawyer will determine the potential defendants and their connection to victim's exposure. This could require a thorough review of over 40 years of the victim's history through interviews as well as a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy depends on extensive experience in a complicated area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leader in the nation in defending companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel as well as coordinating the interests of many different defendants, including manufacturers of products, suppliers, distributors and contractors. We have extensive experience in developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they could be. This involves reviewing medical records and prepping all witnesses. It is also about identifying the exhibits that will be used at the trial. This can take a lot of time in complicated cases.

Before developing mesothelioma asbestos 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 carefully review the evidence to identify any potential defendants that could be held responsible for the asbestos injuries. This includes interviewing family members, coworkers asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, as well as obtaining various documents.

After an attorney has identified a possible defendant, they must determine the liability of that party. The defendants could be individuals, companies or governmental organizations. They must be held responsible for their wrongful actions.

Several legislative remedies to resolve asbestos litigation have been suggested in Congress.  Dayton asbestos lawsuits  have not been successful due to a range of complex political factors. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos companies accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our lawyers have held asbestos producers insurance companies, asbestos manufacturers, and other responsible parties accountable. 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 network and discuss legal issues and strategies on the group's plaintiff-only list server at the annual and winter conventions, and participate in educational seminars on asbestos litigation.