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 come from many places, not just a single employer or company. This is why asbestos cases typically involve multiple defendants.
Determine Long Beach asbestos lawyer of exposure
Identifying asbestos exposure is an important step to file an asbestos claim. Often, the attorneys of victims can use medical records to determine the cause of asbestos. This can assist victims in receiving compensation from the companies responsible for their asbestos exposure.
Mesothelioma sufferers and their families are entitled to compensation to cover the cost of mesothelioma treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma diagnosis.
Asbestos cases are 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 process. This includes responding promptly to discovery requests and attending depositions in court.
Remember that the statutes are limited in New York, and you should seek advice from an asbestos lawyer immediately if you are able to. If you fail to submit your claim within the prescribed time period you could be denied on financial compensation.
In some instances victims have been exposed to asbestos-containing products made by various companies. In these cases, the victims' attorneys may need to identify the manufacturers of each product, in addition to the contractors or employers who supplied the asbestos-containing products.
Asbestos litigation has been the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings from asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
The process of creating an Database
A mesothelioma lawsuit or other asbestos-related illnesses is different from any typical personal injury lawsuit. In many cases asbestos litigation, there are many of the same defendants (companies who are being sued), many of the same law firms representing plaintiffs and many of the same expert witnesses.
To develop a successful asbestos defense, lawyers need to have access to a vast database that can pinpoint potential exposure sources. This involves reviewing the job site, interviewing coworkers and obtaining documents from suppliers and employers. This involves locating and interviewing doctors or nurses who may be able to testify regarding asbestos exposure.
The creation of this type of database can be a challenge particularly when the data has been lost or destroyed over time. In these situations, it may be necessary to rebuild an entire insurance program and claims database, using multiple sources like loss runs, claim files, internal system and defense counsel records. It could take years, or decades to complete.
Asbestos lawyers also need access to a program that allows them locate potential exposure sites and to identify potential defendants. Attorneys can cut down on time and money by having this information at their fingertips.
Following the massive bankruptcy of asbestos producers attorneys for plaintiffs sought new defendants to name in their lawsuits. As a result, 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 rare.
Identifying the defendants
The majority of asbestos cases are based on evidence based on facts that are discovered. Many asbestos companies resisted for many years that their products could cause harm to people, but after the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can aid plaintiffs establish that certain defendants products were responsible for their injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product were used in his workplace, that he inhaled dust from the product and that the exposure was a major reason for his injuries.
Because asbestos cases have multiple defendants, the method of identifying defendants is different from a typical personal injury case. The key is to develop an information database that links employers locations, products and locations through interviews with co-workers and relatives as well as reviewing work orders and invoices and obtaining documents from suppliers and vendors and analyzing samples from the plaintiff's home as well as workplace sites. It is also a good way to identify defendants if one knows the type of asbestos, such as chrysotile or amosite.
The defendants must take the time to review these facts and pinpoint the possible sources of exposure. This may require a review of more than forty 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 asbestos cases and the limited resources of many defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and avoid duplication of discovery.
The process of creating a case
Asbestos lawsuits require extensive investigation and the review of many documents. This can be a particularly difficult task, since asbestos exposure often occurs years before a person is diagnosed with a disease. To determine the sources of the exposure, lawyers must conduct interviews and review hundreds of pages of documentation like union documents, employment records, social security and tax files as well as medical and laboratory reports.
The lawyers representing the plaintiffs must do all they can to identify other defendants. In certain instances, there could be up to 40 defendants. To accomplish this they need to look further down the supply chain and research companies that may have a connection to asbestos, even if they haven't been named in the litigation.
This process can be extremely time-consuming, especially if the claimant has mesothelioma or other serious illnesses. In addition, it is often difficult to find witnesses and to obtain physical evidence.
A mesothelioma lawyer will determine the potential defendants and their connection to the victim's exposure. This may require a thorough review of over 40 years of the victim's life through interviews and a review of their social security, union, labor and tax records.
A successful asbestos litigation strategy relies on years of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our founding at the beginning of 1994. We are also national leaders in defending businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide range of defendants, including product manufacturers, distributors and contractors. We have extensive expertise in creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.
Prepare for Trial
Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they could be. This involves reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used during the trial. This can take a lot of time in complicated cases.
Before developing mesothelioma, many asbestos patients develop a lesser disease like asbestosis, pleural fibrosis or pleural plaque. Asbestosis can cause chest pain, coughing, and breathing difficulties.
Attorneys for asbestos victims must also carefully look over the evidence to identify potential defendants that could be held responsible for the asbestos-related harms. This includes speaking with coworkers, family asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and gathering various documents.
Once a defendant is identified as a possible defendant an attorney must determine the liability of this party. The defendants could be individuals, businesses or government agencies. They are held accountable for their wrongful actions.
Congress has offered a variety of legislative remedies to resolve asbestos lawsuits. However, these attempts have not been successful due to a variety of complicated political motives. Asbestos victims along with their lawyers and government remain determined to hold negligent asbestos firms accountable for their conduct.
Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our lawyers have held insurance companies and other responsible entities accountable for their part in asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are supervised by judges who have experience in asbestos-related matters.
The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at annual and Winter conventions.