20 Myths About Asbestos Litigation: Dispelled

Asbestos Litigation

Every asbestos case is different however, the general procedure for defending against claims based on asbestos is the same. Your lawyer will need to conduct a deposition with the plaintiff.

The exposure of an individual to asbestos can come from many places, not just one employer or company. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

Identifying asbestos exposure is an important step to file an asbestos claim. Lawyers representing victims typically make use of medical records to determine asbestos' source. This can help victims get compensation from the companies that are accountable for asbestos exposure.

Mesothelioma victims and their families need compensation to pay for mesothelioma-related treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma being diagnosed.

Asbestos cases can be a complicated legal issues. Victims need to know their rights and the process. Attorneys are able to handle many aspects of a case they are expected to be involved in the case. This includes responding to discovery requests and attending depositions.

Remember that the statutes of limitations are limited in New York, and you should seek advice from an asbestos lawyer as soon a possible. Failing to file an asbestos claim within the required timeframe could result in the loss on financial compensation.

In certain instances, victims have been exposed to asbestos-containing products made by several companies. In these cases, lawyers representing the victims have to determine the source of all asbestos-containing products, as well the companies and contractors that supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for hundreds of bankruptcy filings from asbestos producers. Many of these companies have established trust funds to pay compensation to asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

A lawsuit involving asbestos-related illnesses or mesothelioma is distinct from a typical personal injury lawsuit. In many cases asbestos litigation, there are many of the same defendants (companies that are being sued), many of the same law firms representing plaintiffs and many of the same expert witnesses.

To be able to build a strong defense in an asbestos-related case, attorneys must have access to a database that can help identify possible sources of exposure. This includes reviewing the job site, interviewing coworkers, and obtaining documents from suppliers and employers. The process also involves finding and interviewing doctors and nurses who can testify regarding asbestos exposure.

Developing this type of database can be a challenge particularly in situations where the data was deleted or lost over time. In these instances, it may be necessary to rebuild a complete insurance program and claims database, using multiple sources, such as loss runs and claim files, internal system and defense counsel records. This can take many years or even decades to complete.

Asbestos attorneys should also access to a program that permits them to identify potential defendants and locate potential exposure sites. Having this information available to attorneys can save time and money.

After the mass bankruptcies of asbestos producers attorneys for plaintiffs sought new defendants to name in their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is king and suits naming less than 100 defendants is rare.

Identifying the defendants

The truthful basis of asbestos cases is usually established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but after the lawsuits began, documents from the company exposed evidence of the dangers. These documents can be used to prove that particular products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was used at his work site, that the worker was exposed to it by inhaling dust and that the exposure to the dust was a major factor in his injuries.

Since asbestos cases contain multiple defendants, the method of identifying defendants is different from an ordinary personal injury case. By interviewing coworkers and family members, Asbestos Litigation Group reviewing invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples taken from the plaintiff's work place and home, it is possible to build an online database that links employers as well as locations and products. It can also help to identify defendants if you are aware of the kind of asbestos, such as amosite or chrysotile.

The defendants are required to thoroughly examine these facts and identify all possible exposure sources. This may include a thorough review of more than 40 years of records from the Social Security, tax, union and other documents of workers. Because the time between asbestos injuries is so long, creating an accurate database is a lengthy and costly investigation.

Due to the large number of asbestos cases and limited resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This allows defendants to share their resources and reduce duplicate discovery.

Making a Case

Asbestos suits require a lot of research and the examination of a variety of documents. This can be particularly difficult because exposure to asbestos typically was a long time before the victim developed a health issue. To determine the source of exposure, lawyers need to conduct interviews and review hundreds of pages of documentation like the employment records, union documents, 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 as high as 40 defendants. To achieve this, they need to investigate the supply chain to find companies that could have a connection with asbestos, but aren't mentioned in the lawsuit.

This process is lengthy, especially when the plaintiff suffers from mesothelioma or any other serious illness. In addition, it can be often difficult to find witnesses and get physical evidence.

An attorney for mesothelioma will try to determine the identity of all defendants and their connections to the victim's exposure. This can involve a thorough review over the past 40 years of the victim's life. This may include interviews as well as a review of their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy requires extensive knowledge of this complicated legal field. Since its inception at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide variety of defendants, including product manufacturers, distributors and contractors. We have extensive experience creating and implementing crucial defenses such as expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are the strongest they can be. This involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the case. 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 symptoms include a tightening of the lungs that may cause difficulty breathing, coughing, chest pain and so on.

Asbestos victims' attorneys must also examine the evidence to identify any possible defendants who could be held responsible for the asbestos injuries. This includes interviewing coworkers, family members, abatement workers, asbestos manufacturers and obtaining various documents.

After an attorney has identified a defendant, they must determine the liability of the party. The defendants can be businesses, individuals or government agencies. They are accountable for their wrongful actions.

Congress has proposed several legislative solutions to settle asbestos litigation cases lawsuits. The efforts have not been effective due to a myriad of complicated political issues. Asbestos victims and their lawyers remain committed to holding negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the nation. Our attorneys have held asbestos producers insurance companies, asbestos litigation online manufacturers, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts which are assigned cases by judges who have experience in asbestos cases.

The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at winter and annual conventions.