Asbestos Litigation
Each asbestos case is unique however, the general procedure for defending against such claims is similar. Your attorney should conduct a deposition with the plaintiff.
The cause of asbestos exposure can be many, not just one employer or business. This is the reason asbestos cases usually involve multiple defendants.
Identifying the source of exposure
To make an asbestos claim, it is essential to determine the source of asbestos exposure. Often, victims' attorneys can work with medical records to determine the cause of asbestos. This can assist victims in obtaining compensation from the companies that are responsible for their asbestos exposure.
Compensation is essential for mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma being diagnosed.
Asbestos lawsuits are complex legal cases, and victims must be aware of 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 participate in the case. This includes responding to requests for discovery and attending depositions.
It is also important to keep in mind that statutes of limitations in New York are limited, and it is essential to speak with an experienced asbestos attorney as soon as you can. In the event of not filing a claim within the appropriate timeframe could result in a denial on financial compensation.
In some cases, victims were exposed to asbestos-containing products made by multiple companies. In such cases, the lawyers representing the victims need to identify all the asbestos-containing products, as well the employers and contractors who supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies established trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.
Developing a Database
A case involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms and the same expert witnesses.
To build a viable defense in an asbestos-related case attorneys need access to a database that can pinpoint potential sources of exposure. This includes reviewing the job site, interviewing coworkers and obtaining documents from suppliers and employers. This also involves tracking down and interviewing doctors and nurses who can testify regarding asbestos exposure.
This type of database is difficult to create, particularly if the data has been lost over time. When this occurs, it can necessitate the reconstruction of a complete claims database as well as an insurance program, typically from multiple sources such as loss runs, claim files, internal systems, and defense counsel records. This can take many years or even years to complete.
Asbestos lawyers must 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 at their fingertips.
Following the massive bankruptcies of many asbestos manufacturers the plaintiffs' lawyers were seeking new defendants to name in their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and suits that name less than 100 defendants is rare.
Identifying Defendants
The truthful basis of asbestos cases is often established through discovery. Many asbestos companies resisted for years that their products could cause harm to people, but when lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant' products caused their injuries. To prevail in a lawsuit, a plaintiff has to prove that the defendant's product were used in his workplace, and that he inhaled dust from the product and that exposure to the product was a major cause of his injuries.
Since asbestos cases involve multiple defendants, the method of identifying defendants is different than the typical personal injury case. The key is to build an information database that links employers locations, products and locations by speaking with relatives and coworkers looking over work orders and invoices, obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's home and employment sites. It can also help to identify defendants if one knows the type of asbestos such as chrysotile or amosite.
Defendants must carefully look over these facts and identify all possible sources of exposure. latest asbestos litigation may include a review of over 40 years of records from Social Security, tax, union and other documents of workers. Because the time lag for asbestos-related injuries is long, establishing an accurate database requires a lot of time and costly investigation.
Due to the huge number of asbestos cases, and the limited resources of defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants the opportunity to share resources and also avoid duplicate discovery.
The process of creating a case
Asbestos suits require extensive study and examination of a variety of documents. This can be a difficult task because asbestos exposure is often a long time before the person who suffers from illness. To identify the source of the asbestos exposure, lawyers must conduct interviews and review thousands pages of documentation including union and employment records as well as tax files, social security records, medical and laboratory reports.
The attorneys representing the plaintiffs must do their best to locate additional defendants. In certain instances, there could be as many as 40 defendants. To do this, they have to look down the supply chain to investigate companies that might have a nexus with asbestos, but are not mentioned in the lawsuit.
This process is lengthy, especially when the plaintiff suffers from mesothelioma or other serious illnesses. It is also difficult to find witnesses and to gather evidence.
A mesothelioma lawyer will attempt to identify all defendants and their connections to the victim's exposure. This may include a thorough examination of the past 40 years of the victim's life, including interviews and a review their social security and union, as well as tax records.
A successful asbestos litigation strategy requires extensive knowledge of this complicated legal field. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending businesses in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel and liaison counsel, representing and representing the interests of a variety of different defendants, including manufacturers of products distributors, suppliers, and contractors. We have a wealth of experience developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.
Preparing for Trial
Lawyers must be careful in preparing their cases prior to trial to ensure that their clients' evidence and arguments are as strong as they could be. This includes reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the trial. This process can be years long in complex cases.
Before developing mesothelioma, many asbestos sufferers develop a less severe disease, such as asbestosis or the pleural plaque or pleural fibrosis. Asbestosis can cause chest pain, coughing, and breathing problems.
Lawyers for asbestos victims must also review the evidence to identify potential defendants who could be held responsible for the asbestos-related harms. This involves interviewing coworkers, family asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, as well as gathering various documents.
After a lawyer has identified a potential defendant, they must determine the liability of that person. The defendants could be businesses, individuals or government agencies. They must be held responsible for their actions that were negligent.
A variety of legislative solutions to end asbestos litigation have been proposed in Congress. The efforts have not been effective due to a myriad of complicated political issues. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their conduct.
Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the nation. Our lawyers have held asbestos producers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are supervised by judges with experience in asbestos cases.
The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at winter and annual conventions.