Asbestos Litigation
Every asbestos case is different however, the general procedure to defend against such claims is the same. Your attorney will want you to take a deposition of the plaintiff.
A person's exposure to asbestos can be triggered by multiple sources, not just one employer or company. This is why asbestos cases typically involve multiple defendants.
Determine the source of exposure
Identifying asbestos exposure is an important step in submitting an asbestos claim. Lawyers representing victims typically use medical records to determine asbestos' source. This can assist victims in obtaining compensation from the companies responsible for their asbestos exposure.
Mesothelioma patients and their families require compensation to cover the cost of mesothelioma-related treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma being diagnosed.
Asbestos lawsuits can be a complicated legal cases, and victims need to know their rights and the way in which the process operates. Attorneys are able to handle many aspects of a case they are expected to participate in the process. This includes responding to discovery requests and attending depositions.
It is also important to keep in mind that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos attorney as soon as you can. Failure to file a claim within the appropriate time frame could result in a denial on financial compensation.
In certain instances, victims have been exposed to asbestos products manufactured by various companies. In such cases, the victims' attorneys will need to identify all the asbestos-containing products as well as the companies and contractors that supplied the materials.
Asbestos litigation has been the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. Yet Fort Lauderdale asbestos attorneys continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite research conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.
Developing a Database
A lawsuit involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury case. In many asbestos litigation cases, plaintiffs are represented by same law firms and the same expert witnesses.
In order to develop a successful defense in a case involving asbestos attorneys need access to a database that can identify possible sources of exposure. This involves reviewing the work site, speaking with coworkers, and obtaining documents from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able to be able to testify about asbestos exposure.
Making this kind of database can be a challenge particularly in situations where the data was deleted or lost over time. If this happens, it can require the reconstruction of an entire claims database and insurance program, often from a variety of sources, including loss runs and claim files, internal systems and defense counsel records. This can take many years or even decades to complete.
Asbestos attorneys should also access to a program that lets them identify potential defendants and potential exposure sites. Attorneys can cut down on time and money by having this information readily available.
Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. Because of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and lawsuits naming less than 100 defendants is rare.
Identifying the defendants
The truthful basis of asbestos lawsuits is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but when the lawsuits began documents from the company revealed evidence of the dangers. These documents can be used to prove that certain products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's products were used at his workplace, that he inhaled dust from the product, and that this exposure was a major reason for his injuries.
Asbestos cases often involve several defendants. The method of identifying them differs from a personal injury case. The key is to build an inventory of employers locations, products and locations by speaking with relatives and coworkers looking over invoices and work orders and obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's home and workplace sites. The type of asbestos used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants because each product is made by a different manufacturer.
Defendants must carefully review these facts and pinpoint all possible sources of exposure, which could involve a thorough review of more than forty years of a worker's life through Social Security, union, tax and other records. Due to the lengthy latency of asbestos-related injuries, it is difficult and costly to build an accurate database.
Due to the huge number of asbestos cases and the limited resources of defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This allows defendants to share their resources and avoid duplication of discovery.
Making a Case
Asbestos suits require a lot of research and the examination of many documents. This can be a challenge since exposure to asbestos often was a long time before the victim became sick. To identify the sources of the exposure, lawyers must conduct interviews and carefully look over the thousands of pages of documents such as union documents, employment records as well as social security and tax files and medical and laboratory reports.
The plaintiffs' lawyers also have to do everything they can to identify additional defendants. In some cases, there can be up to 40 defendants. To do this, they have to investigate the supply chain to investigate entities that may have a connection with asbestos but who are not named in the lawsuit.
This process is often very lengthy, especially if the claimant suffers from mesothelioma, or other serious illnesses. It can be difficult to locate witnesses and gather physical evidence.
A mesothelioma lawyer will identify the potential defendants and their relationship to victim's exposure. This may be accomplished by a thorough analysis of more than 40 years of the victim's life through interviews as well as a review of their social security, union, and tax records.
A successful asbestos litigation strategy is dependent on extensive experience in a tangled area of law. 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 companies 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 array of defendants, which includes distributors, manufacturers and contractors. We have extensive experience formulating and drafting crucial defenses, expert testimony and jurisdictional Case Management Orders.
Prepare for trial
Lawyers must carefully prepare their cases ahead of trial to ensure that their clients have the strongest evidence and arguments possible. This involves reviewing medical records, preparing all witnesses and identifying exhibits to be used in the trial. This process can take years in complex cases.
Many asbestos patients have a less severe illness like asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's development. Asbestosis can cause chest pain, coughing, and breathing difficulties.
Asbestos victims' attorneys must also scrutinize the evidence to find potential defendants who could be held responsible for the asbestos-related injuries. This involves interviewing coworkers, family, asbestos abatement workers and asbestos manufacturers, and gathering various documents.
Once a defendant is identified as a possible defendant An attorney must determine the responsibility of this party. The defendants can be businesses, individuals or government agencies. They must be held responsible for their actions that were negligent.
Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these efforts have not been successful due to a variety of complex political reasons. Asbestos victims along with their lawyers and government remain committed to holding asbestos companies accountable for their behavior.
The law firm of Waters Kraus & Paul has handled hundreds of cases throughout 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 handled by five judicial districts, where cases are assigned to judges that are experienced with asbestos issues.
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 Winter and annual conventions.