Asbestos Litigation
Each asbestos case is unique however, the general procedure to defend against such claims is similar. Your lawyer will ask you to conduct an interview with the plaintiff.
The exposure of a person to asbestos can be triggered by many places, not just one employer or company. This is why asbestos cases usually involve multiple defendants.
Identifying the source of exposure
In order to make an asbestos claim, it is important to identify asbestos exposure. Often, victims' attorneys can use medical documents to determine the source of asbestos. This can help victims get compensation from companies accountable for asbestos exposure.
Compensation is needed by mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma diagnosis.
Asbestos cases are complex legal issues. Victims need to know their rights and the procedure. While 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 requests for discovery and attending depositions.
It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is important to seek out an experienced asbestos lawyer whenever you can. If you do not submit your claim within the specified time period you could be denied on financial compensation.
In some cases, asbestos products made by multiple companies have been used to expose victims. In these cases, the victims lawyers may be required to identify the manufacturers of each product, in addition to the contractors or employers who provided the asbestos-containing materials.
Asbestos litigation is the longest-running mass tort of American history. It's responsible for numerous bankruptcy filings from asbestos manufacturers. Many of these companies have 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 conducted by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
Developing the Database
A lawsuit involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies that are sued), many of the same law firms representing plaintiffs and many of the same expert witnesses.
To be able to build a successful asbestos defense, attorneys need to be able to access a large database that can pinpoint potential exposure sources. who asbestos litigation deal includes reviewing the job site, talking to coworkers, and obtaining documents from employers and suppliers. This involves locating and interviewing nurses or doctors who might be able to provide evidence regarding asbestos exposure.
This kind of database can be difficult to develop, especially if the data has been lost over time. In these cases it could be necessary to reconstruct the entire insurance program and claims database, using multiple sources such as loss runs and claim files, internal system and defense counsel records. This can take years, or even years, to complete.
Asbestos attorneys must also have access a program which lets them find potential defendants and potential exposure sites. This information is available to attorneys can save both valuable time and money.
Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers sought out 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 lawsuits that name less than 100 defendants are a rarity.
Identifying the Defendants
The factual foundation of asbestos cases is often established through discovery. Many asbestos companies resisted for many years that their products could cause harm to people, but after lawsuits began, company documents came to light and revealed evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant products were responsible for their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was used at his workplace, that he was exposed to it inhaling dust, and that the exposure to the dust was a major cause of his injuries.
Asbestos cases usually involve several defendants. The process of identifying them is different from a personal injury lawsuit. Through interviews with coworkers and family members, reviewing invoices and work orders, getting documents from vendors and suppliers, and analyzing asbestos samples taken from the plaintiff's workplace as well as home it is possible to build a database that links employers as well as locations and products. The type of asbestos used - amosite, chrysotile, or crocidolite - is useful in identifying defendants since each product is produced by an individual manufacturer.
The defendants must take the time to review these facts and identify any potential sources of exposure. This could involve a thorough review of more than 40 years of a worker's life through Social Security, union, tax and other documents. Due to the lengthy latency of asbestos-related injuries, it is difficult and expensive to establish an accurate database.
Due to the huge number of cases and limited resources of many defendants Many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and avoid duplication of discovery.
Case Development
Asbestos suits require a lot of investigation and the review of a variety of documents. This can be a particularly difficult job, as asbestos exposure can occur years before the victim becomes ill. In order to identify the sources of the exposure, attorneys must conduct interviews and carefully look over hundreds of pages of documentation including union documents, employment records as well as tax and social security files and medical and laboratory reports.
The attorneys representing the plaintiffs must do all they can to locate additional defendants. In some cases, there can be as high as 40 defendants. To do this, they need to look down the supply chain to investigate companies that might have a nexus with asbestos, but are not included in the lawsuit.
This process is lengthy, especially when the claimant suffers from mesothelioma, or other serious illnesses. It can be difficult to locate witnesses and to gather evidence.
A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their connection to victim's exposure. This may be a thorough analysis of the past 40 years of a victim's life, including interviews and a review their social security and union, as well as tax records.
A successful asbestos litigation strategy requires a lot of experience in this tangled area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception back in 1994. We are the nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad range of defendants, including distributors, manufacturers, and contractors. We have extensive expertise in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.
Prepare for the trial
Lawyers must carefully prepare their cases for trial to ensure that their clients' evidence and arguments are as strong as they could be. This involves reviewing medical records and preparing all witnesses. It also involves identifying exhibits that will be used during the trial. This process can take years in cases that are complex.
Before developing mesothelioma, many asbestos patients develop a lesser disease such as asbestosis, the pleural plaque or pleural fibrosis. Asbestosis can cause chest pain, coughing and breathing problems.
Attorneys for asbestos victims should also examine the evidence in order to identify potential defendants who might be accountable for the asbestos-related harms. This includes interviewing coworkers or family members, asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.
Once a defendant has been identified, an attorney must determine the responsibility of the party. The defendants may be individuals, corporations or governmental agencies. They must be held accountable for their negligent actions.
A variety of legislative solutions to end asbestos litigation have been suggested in Congress. The efforts have not been successful due to a range of complicated political factors. Asbestos victims, their lawyers and the government are determined to hold 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 lawyers have held manufacturers, insurance companies, and other responsible entities accountable for their part in asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts where cases are assigned to judges who are familiar with asbestos-related issues.
The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members interact and discuss legal issues and strategies on the group's plaintiff-only list server at the annual and winter conventions as well as in seminars for education on asbestos litigation.
