Asbestos Litigation
Every asbestos case is different however the general procedure to defend against claims based on asbestos is the same. Your lawyer will require you to conduct depositions of the plaintiff.
The exposure of a person to asbestos can be triggered by numerous sources, not only an employer or a company. This is the reason asbestos cases usually involve multiple defendants.
Identifying the source of exposure
To make an asbestos claim, it is important to identify asbestos exposure. Often, attorneys representing victims may use medical records to determine the cause of asbestos. This can assist victims in receiving compensation from the companies liable for their asbestos exposure.
Mesothelioma patients and their families require compensation to pay for mesothelioma-related treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis.
Asbestos cases are a complex legal issues. Victims must be aware of their rights and the process. Attorneys are able to handle a variety of aspects of a case, they are expected to be involved in the proceedings. This includes responding to discovery requests and attending depositions.
Remember 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 specified time period you could be denied on financial compensation.
In some instances, victims have been exposed to asbestos-containing products made by several companies. In these cases, the victims' attorneys may need to identify the manufacturers of each product, in addition to the employers or contractors who supplied asbestos-containing materials.
Asbestos litigation has been the longest-running mass tort of American history. It's the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to dispute evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is despite research conducted by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.
The process of creating the Database
A lawsuit involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury lawsuit. In many cases asbestos litigation, there are many of the same defendants (companies that are being sued) and many of the same law firms that represent plaintiffs, as well as many of the same expert witnesses.
To be able to build a successful asbestos defense, lawyers need to be able to access a large database that can identify possible exposure sources. This involves reviewing the job site, talking to coworkers and getting documents from suppliers and employers. The process also requires finding and interviewing nurses and doctors who can testify regarding asbestos exposure.
Making this kind of database can be difficult, especially in cases where the data has been deleted or lost over time. In these cases it could be necessary to reconstruct a complete insurance program and claims database, using multiple sources, like loss runs, claim files internal system and defense counsel records. It could take years, or even decades to complete.
Asbestos lawyers must also have access to a program that allows them to locate potential exposure sites and to identify potential defendants. The information that is available to attorneys can help save time and money.
Following the bankruptcy of a number of 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 trial groups where the volume is paramount and lawsuits that name less than 100 defendants are a rarity.
Identifying defendants
Most asbestos cases are based on factual evidence that is discovered. Asbestos companies have denied for a number of years that their products could cause harm, but once lawsuits started the company's documents exposed evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant products caused their injuries. To win a case, the plaintiff must prove that the defendant's product was in use at the workplace, that the worker was exposed to it by inhaling dust, and that the exposure to the dust was a major reason for his injuries.
Asbestos cases often involve multiple defendants. asbestos exposure litigation of identifying them differs from a personal injury lawsuit. The most important thing is to create a database linking employers, locations and products by speaking with relatives and coworkers as well as reviewing invoices and work orders, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's residence and workplace websites. The type of asbestos involved - amosite, chrysotile or Crocidolite - could be helpful in identifying defendants because each product is made by a different manufacturer.
Defendants are required to carefully examine 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 documents of a worker. Because the time lag for asbestos-related injuries is long, creating an accurate database is a lengthy and costly discovery.
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 gives defendants to share resources, and also avoid duplicate discovery.
Making a Case
Asbestos suits require a lot of investigation and the review of a variety of documents. This can be particularly challenging because exposure to asbestos typically occurred long before the victim was diagnosed with a disease. To identify the source of exposure, lawyers must conduct interviews and carefully review the thousands of pages of documents such as the employment records, union documents tax and social security files as well as medical and laboratory reports.
The plaintiffs' attorneys must do all they can to find other defendants. In many cases, the number of defendants could be as high as 30 or 40. To achieve this, they need to examine the supply chain to look into entities that may have a link to asbestos but who are not named in the lawsuit.
This process can be extremely lengthy, especially if the plaintiff is suffering from mesothelioma and other severe diseases. Additionally, it is often difficult to locate witnesses and obtain physical evidence.
A mesothelioma lawyer will establish the identity of all defendants who could be implicated, and their connection to victim's exposure. This could require a thorough examination of over 40 years of the victim's life via interviews as well as a review of their social security, union, and tax records.
A successful asbestos litigation strategy requires extensive knowledge of this complicated legal field. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment back in 1994. We are the national leaders in defending businesses involved in industry-wide multi-jurisdictional litigation. We act as 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 extensive experience in formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.
Prepare for the trial
Lawyers must meticulously prepare their cases before trial so that their clients can present the strongest arguments and evidence possible. This involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the trial. This process can take a long time in complicated cases.
Before developing mesothelioma, many asbestos victims develop a lesser disease like asbestosis, and pleural plaque. Asbestosis can cause chest pain, coughing, and breathing problems.
Asbestos victims' lawyers must also carefully review the evidence to identify any potential defendants who could be held responsible for asbestos-related injuries. This involves interviewing co-workers or 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 may be individuals, corporations or governmental agencies. They are accountable for their negligent actions.
Many legislative solutions to solve asbestos litigation have been formulated in Congress. However, these efforts have not been successful due to a variety of political issues. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their conduct.
Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the country. Our attorneys have held asbestos producers 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 familiar with asbestos issues.
The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members meet and discuss legal issues and strategies on the Group's only for plaintiffs list server, at annual and winter conventions and participate in educational seminars on asbestos litigation.