Asbestos Litigation

Each asbestos case is distinct however the process for defending such claims is similar. Your attorney will want you to take a deposition of the plaintiff.

The source of asbestos exposure could be numerous, not just one employer or company. This is why asbestos cases typically involve multiple defendants.

Identifying the source of exposure

To submit an asbestos claim it is important to identify asbestos exposure. Attorneys for victims can often utilize medical records to determine asbestos' source. This could help victims receive compensation from the companies liable for asbestos litigation their asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to cover the cost of costly treatment. Compensation can help families cope with the mesothelioma diagnosis.

Asbestos lawsuits are complicated legal cases, and victims need to know their rights and how the process works. While attorneys are able to handle a variety of aspects of a case the plaintiffs are expected to take part in their case as well. This includes responding to requests for discovery and taking depositions.

It is also crucial to remember that the statutes of limitations in New York are limited, and it is essential to speak with an experienced asbestos litigation cases attorney as soon as possible. Failure to file an asbestos litigation online claim within the required time frame could result in a denial on financial compensation.

In a few instances asbestos-containing products manufactured by multiple companies have been used to expose victims. In these instances, victims lawyers might need to identify the manufacturer of each product, in addition to the contractors or employers who provided the asbestos-containing materials.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of dozens of bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making an Database

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

To develop a successful asbestos defense, attorneys need to have access to an extensive database that will help them identify potential exposure sources. This includes examining the job site, talking to coworkers, and obtaining documents from suppliers and employers. The process also involves finding and interviewing doctors and nurses who are able to testify about asbestos exposure.

Making this kind of database can be a challenge particularly when the data has been lost or destroyed over the course of time. When this occurs it may require the reconstruction of an entire claims database and insurance program, typically from multiple sources like loss runs, claim files, internal systems and defense counsel records. It can take years, or decades, to complete.

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

Following the massive bankruptcy of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. Because 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 the Defendants

Often, asbestos cases are founded on factual evidence that is discovered. Many asbestos companies denied for decades that their products could cause harm to people, but once the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. To win a case, a plaintiff must demonstrate that the defendant's product was used at his workplace, that the worker was exposed to it through inhalation of dust, and that the exposure was a significant factor in his injuries.

Since asbestos cases involve multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. The key is to build an information database that links employers, locations and products by interviewing co-workers and relatives as well as reviewing work orders and invoices and obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and work sites. It is also possible to identify defendants if you are aware of the type of asbestos such as chrysotile or amosite.

The defendants must be attentive to these facts and pinpoint all possible sources of exposure, which may require a review of more than 40 years of a person's life through Social Security, union, tax and other documents. Due to the long latency of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Due to the huge number of cases and the limited resources of many defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources, and to avoid duplication of discovery.

Making a Case

Asbestos suits require a lot of study and examination of a variety of documents. This can be a difficult task, since asbestos exposure often occurs years before the person who suffers from illness. To identify the source of asbestos exposure, lawyers must conduct interviews and examine thousands of documents like union and employment records, tax files and social security files and medical and laboratory reports.

The attorneys representing the plaintiffs must do their best to find additional defendants. In some cases, there can be as many as 40 defendants. To achieve this they need to look further down the supply chain and research companies that may have a connection to asbestos, but have not been named in the litigation.

This process is often very lengthy, especially if the plaintiff is suffering from mesothelioma and other severe illnesses. It is also difficult to find witnesses and to gather evidence.

A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their connection to the victim's exposure. This can require a thorough examination 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 litigation strategy relies on years of experience in a complicated area of law. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in the defense of companies in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel and liaison counsel as well as managing the interests of many different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive expertise in developing and asbestos litigation establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Preparing for Trial

Lawyers need to carefully prepare their cases prior to trial so that their clients can present the strongest evidence and arguments possible. This includes reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the trial. The process can take lengthy in cases that are complex.

Many asbestos patients have a less severe illness such as asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis can cause chest pain, coughing, and breathing difficulties.

Attorneys for asbestos victims should also examine the evidence in order to determine potential defendants that could be held responsible for the asbestos injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos litigation cases abatement employees and asbestos manufacturers, and getting various documents.

After a lawyer has identified a potential defendant, they need to determine the liability of the person. The defendants could be businesses, individuals or government agencies. They must be held accountable for their actions.

A variety of legislative solutions to end asbestos litigation have been suggested in Congress. However, these initiatives have failed due to a variety of political issues. Asbestos victims as well as their lawyers and the government are committed to holding negligent 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 nation. Our attorneys have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts where cases are assigned by judges with experience in asbestos-related matters.

The Asbestos Litigation Group welcomes all AAJ members, including regular, life sustainer, President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.