Asbestos Litigation: The Good, The Bad, And The Ugly

Asbestos Litigation

Every asbestos case is different however, the general procedure for defending against claims based on asbestos is the same. Your lawyer will require you to conduct an interview with the plaintiff.

The source of asbestos exposure could be many, not just one employer or company. That's why asbestos cases often involve multiple defendants.

Identifying the source of exposure

Identifying asbestos exposure is an important step in submitting an asbestos claim. Attorneys for victims can often utilize medical records to determine the source of asbestos. This can help victims get compensation from companies accountable for asbestos exposure.

Mesothelioma patients and their families need compensation to pay for mesothelioma-related treatment. Compensation can assist families in dealing with emotional stress with the mesothelioma diagnosis.

Asbestos cases are complex legal cases. Victims need to know their rights and procedures. While attorneys are able to handle a variety of aspects of a case, victims are expected to participate in their case as well. This includes responding quickly to discovery requests and participating in depositions in court.

It is also crucial to remember that the statutes of limitations in New York are limited, and it is important to consult an experienced asbestos attorney as soon as you can. Failing to file an asbestos claim within the required time frame could result in missing out on financial compensation.

In some instances victims were exposed to asbestos law and litigation products manufactured by multiple companies. In such cases, the lawyers representing the victims have to determine the source of all asbestos litigation paralegal-containing products as well as the companies and contractors that supplied the materials.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for numerous bankruptcy filings filed by asbestos producers. Many of these companies established trust funds for asbestos victims. However, asbestos defendants continue to challenge evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory diseases. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making an 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 the same law firms and the same expert witnesses.

To be able to build a successful asbestos defense, lawyers need to be able to access a large database that can pinpoint potential exposure sources. This includes looking over job sites, talking to coworkers and obtaining documents from suppliers and employers. This also involves the search for and interviewing nurses and doctors who are able to testify about asbestos exposure.

This kind of database is difficult to develop, Asbestos Law & Litigation especially when the data has been lost over time. In these situations it could 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. It could take years, or decades to complete.

Asbestos lawyers also need access to a software that allows them to locate potential exposure sites and to identify potential defendants. Attorneys can save time and money by having this information readily available.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the volume is paramount and lawsuits that name less than 100 defendants are a rarity.

Identifying the Defendants

The truthful basis of asbestos class action litigation cases is usually established through discovery. Asbestos companies denied for many years that their products could cause harm, but when lawsuits started documents from the company exposed evidence of the dangers. These documents can assist plaintiffs prove that a specific defendant products were responsible for their injuries. To win a lawsuit, the plaintiff must prove that the defendant's products were used in his workplace, and that he inhaled dust from the product and that exposure to the product was a major reason for his injuries.

Asbestos cases often involve multiple defendants. The method of identifying them differs from a personal injury lawsuit. The key is to develop an inventory of employers, locations and products through interviews with co-workers and relatives as well as reviewing work orders and invoices, obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's home as well as workplace websites. The type of asbestos involved such as amosite, chrysotile or Crocidolite - could be helpful in identifying defendants as each product is produced by a different manufacturer.

Defendants must carefully review the facts and determine the possible sources of exposure. This can involve a examination of more than 40 years of a person's life through Social Security, asbestos law & Litigation union, tax and other documents. Because the latency of asbestos injuries is so long, the creation of an accurate database requires a lot of time and costly investigation.

Due to the huge number of asbestos law and litigation cases, and the limited resources of many defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants the opportunity to pool resources and also avoid duplicate discovery.

Case Development

Asbestos suits require extensive study and examination of many documents. This can be a particularly difficult task, since asbestos exposure can occur years before the victim becomes ill. To identify the source of asbestos exposure, lawyers must conduct interview and carefully go through thousands of pages of documents including union and employment records, tax files and social security files, medical and laboratory reports.

The plaintiffs' lawyers also must do their best to locate additional defendants. In many cases, the number of defendants could be as high as 30 or 40. To achieve this they need to look further down the supply chain and look into organizations that could have a connection to asbestos, but have not been named in the lawsuit.

This process is time-consuming, especially when the plaintiff suffers from mesothelioma or other serious illnesses. In addition, it can be often difficult to find witnesses and obtain physical evidence.

A mesothelioma attorney will work to determine the identity of all defendants and the connection to the victim's exposure. This could be accomplished by a thorough analysis of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, labor and tax records.

A successful asbestos litigation strategy requires a lot of experience in this complex area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our inception in 1994 and are nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience in establishing and developing important defenses including expert testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must carefully prepare their cases ahead of trial so that their clients have the strongest arguments and evidence possible. This involves reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used at the trial. This process can take several years in the case of complex cases.

Before developing mesothelioma asbestos patients develop a lesser disease like asbestosis, pleural fibrosis or pleural plaque. Asbestosis can cause chest pain, coughing and difficulty breathing.

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

Once a defendant is identified as a possible defendant, an attorney must determine the responsibility of the party. The defendants can be individuals, businesses or government agencies. They are accountable for their actions.

A variety of legislative solutions to end asbestos litigation have been suggested in Congress. However, these efforts have not been successful due to a variety of political issues. Asbestos victims and their lawyers are still determined to hold negligent asbestos law & litigation companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. 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, which are assigned cases by judges who have experience specializes in asbestos litigation asbestos cases.

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