Why Nobody Cares About Asbestos Litigation

Asbestos Litigation

Each asbestos case is distinct however, the general procedure to defend these claims is similar. Your lawyer will ask you to take depositions of the plaintiff.

The exposure of an individual to asbestos can come from numerous sources, not only an employer or a company. This is why asbestos cases typically involve multiple defendants.

Determining the Source of Exposure

In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, attorneys representing victims can use medical records to determine the source of asbestos. This can help victims get compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma sufferers and their families require compensation to cover the cost of mesothelioma treatments. Compensation can help families cope emotionally with the mesothelioma diagnosis.

Asbestos cases are a complex legal cases. The victims must be aware of their rights and the process. While attorneys are able to handle a variety of aspects of a case, the plaintiffs are expected to take part in the case too. This includes responding to discovery requests and taking depositions.

Remember that the statutes of limitations are restricted in New York, and you should consult an asbestos attorney as soon as you can. Failure to file a claim within the appropriate time frame could result in the loss on financial compensation.

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

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for dozens of bankruptcy filings by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. But asbestos defendants continue to challenge evidence linking asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

A case involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In many asbestos litigation cases, the plaintiffs are represented by same law firms as well as the same expert witnesses.

To develop a successful asbestos defense, lawyers need to be able to access a large database that will help them identify potential exposure sources. This involves reviewing the work site, speaking with coworkers and obtaining documents from suppliers and employers. The process also involves finding and interviewing doctors and nurses who can testify regarding asbestos exposure.

This kind of database can be difficult to develop, especially in the event that the data was lost over time. If this happens it could require the reconstruction of a complete claims database as well as an insurance program, often from multiple sources like loss runs and claim files, internal systems and defense counsel records. This can take years, or decades, to complete.

Asbestos attorneys should also access to a software that permits them to identify potential defendants and locate potential exposure sites. Having this information at the fingertips of lawyers can save both valuable time and money.

After the bankruptcy of many asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the number of defendants is paramount, and suits naming fewer than 100 defendants are not common.

Identifying Defendants

The truthful basis of asbestos cases is usually established through discovery. Many asbestos lawyer companies resisted for decades that their products could cause harm to people, but once lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can be used to prove that certain products of the defendant caused injuries. To win a case the plaintiff must prove that the defendant's product was utilized at his work site, that the worker was exposed to it by inhaling dust, and that the exposure to the dust was a major reason for his injuries.

Because asbestos cases involve multiple defendants, the method of identifying defendants is different than an ordinary personal injury case. Through interviews with coworkers and family members, reviewing invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's workplace as well as home it is possible to establish a database that links employers, locations, and products. The type of asbestos used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants because each product is made by the same manufacturer.

Defendants are required to carefully examine these facts and determine all possible sources of exposure. This may include a look at more than 40 years of records from the Social Security, tax, union, and other documents of the worker. Because the latency of asbestos-related injuries is so long, establishing an accurate database requires a lot of time and costly investigation.

Due to the huge number of cases and the insufficient resources of many defendants asbestos cases are often transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and reduce duplication of discovery.

Case Development

Asbestos lawsuits require a lot of research and the review of a large number of documents. This can be a particularly difficult job, as asbestos exposure is often a long time before the victim becomes ill. To identify the source of asbestos exposure, attorneys must conduct interviews and examine thousands of documents, such as union and employment records, tax files and social security files, medical and lab reports.

The plaintiffs' attorneys must do all they can to find other defendants. In some cases, there can be as many as 40 defendants. To achieve this, they need to examine the supply chain to look into entities that may have a link to asbestos, but are not included in the lawsuit.

This process can be extremely lengthy, especially if the claimant has mesothelioma, or other serious illnesses. It can be difficult to locate witnesses and gather physical evidence.

An attorney for mesothelioma will try to identify all defendants and their connection to the victim's exposure. This can be accomplished by a thorough analysis of over 40 years of the victim's history through interviews, as well as a look at their social security, union, labor and tax records.

A successful asbestos lawyer litigation strategy requires a lot of experience in this complex area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in defending businesses in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience in creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Prepare for trial

Lawyers must meticulously prepare their cases ahead of trial to ensure that their clients have the strongest arguments and evidence possible. This includes reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used at the trial. The process can take lengthy 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 difficulty breathing.

Lawyers for asbestos lawyers victims must also carefully examine the evidence in order to determine potential defendants that might be accountable for the asbestos-related harms. This includes speaking with family members, coworkers asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, in addition to gathering various documents.

After an attorney has identified a possible defendant, they need to determine the liability of the person. The defendants can be businesses, individuals, or government agencies. They are accountable for their negligent actions.

Several legislative remedies to resolve asbestos litigation have been suggested in Congress. The efforts have not been successful due to a range of complicated political issues. Asbestos victims, their lawyers and the government remain determined to hold asbestos companies accountable for their behavior.

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

The Asbestos Litigation Group welcomes all AAJ members, including regular, life sustainer, President's Club members. Members meet and discuss legal issues and strategies on the Group's plaintiff-only list server, at annual and winter conventions as well as in seminars for education on asbestos litigation.