Asbestos Litigation
Every asbestos case is different however the general procedure for defending against such claims is similar. Your lawyer will need to conduct a deposition with the plaintiff.
The source of asbestos exposure could be many, not just one company or employer. This is the reason asbestos cases typically involve multiple defendants.
Determine the source of exposure
To file an asbestos claim, it is essential to determine the source of asbestos exposure. Often, victims' attorneys may use medical records to determine the source of asbestos. This can help victims get compensation from the companies that are responsible for their asbestos exposure.
Compensation is essential for mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma being diagnosed.
Asbestos lawsuits can be a complicated legal cases, and victims must be aware of their rights and how the process works. While attorneys can handle many aspects of a case the victims are expected to be involved in their own case. This includes responding to discovery requests and attending depositions in court.
Remember that the statutes of limitations are restricted in New York, and you should seek advice from an asbestos lawyer immediately if you are able to. If you do not submit your claim within the specified time frame you could be unable to collect on financial compensation.
In certain instances victims have been exposed to asbestos products manufactured by multiple companies. In these cases, the victims' attorneys may need to identify the manufacturer of each product, as well as the employers or contractors who provided the asbestos-containing materials.
Asbestos lawsuits are the longest-running mass tort of American history. It's responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. But asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making a Database
A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies that are sued), many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses.
To develop a successful asbestos defense, attorneys need to have access to an extensive database that can pinpoint potential exposure sources. This includes reviewing the work site, speaking with coworkers, and obtaining documents from employers and suppliers. This process involves locating and interviewing doctors or nurses who may be able be able to testify about asbestos exposure.
The creation of this type of database can be challenging particularly in situations where the data has been lost or destroyed over time. If this happens it may necessitate the reconstruction of a complete claims database as well as an insurance program, often from multiple sources such as loss runs and claim files, internal systems, and defense counsel records. It could take years, or even decades to complete.
Asbestos attorneys must also have access a program which lets them identify potential defendants and locate potential exposure sites. Attorneys can cut down on time and money by having this information readily available.
After the bankruptcy of many asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and suits naming fewer than 100 defendants are not common.
Identifying Defendants
The majority of asbestos cases are based on evidence based on facts that are discovered. Asbestos firms have 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 be used to prove that specific defendants products caused injuries. To prevail in a lawsuit, a plaintiff has to prove that the defendant's product were used in the workplace, and 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 process of identifying them is different from a personal injury case. The most important thing is to create a database linking employers, locations and products by speaking with relatives and coworkers, reviewing invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and work sites. The type of asbestos used such as amosite, chrysotile or Crocidolite - could be helpful in identifying defendants because each product is produced by an individual manufacturer.
The defendants are required to thoroughly review these facts, and determine all possible sources of exposure. This could include a thorough review of more than 40 years of records from Social Security, tax, union and other records of a worker. Due to the lengthy latency of asbestos-related injuries, it can be difficult and expensive to establish an accurate database.
Due to the huge number of cases and limited resources of defendants Many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to pool resources and also avoid duplicate discovery.
Case Development
Asbestos suits require a lot of research and the examination of many documents. This can be a difficult job, as asbestos exposure often occurs years before the victim becomes ill. In order to identify the source of exposure, attorneys must conduct interviews and look over hundreds of pages of documentation such as the employment records, union documents tax and social security files, and medical and laboratory reports.
The plaintiffs' attorneys must also do everything they can to locate other defendants. In many instances, the number of defendants can be as high as 30 or 40. To accomplish this, they have to investigate the supply chain to investigate companies that could have a link to asbestos, but aren't named in the lawsuit.
This process is often very time consuming, especially when the claimant suffers from mesothelioma or other serious diseases. In addition, it can be often difficult to find witnesses and obtain physical evidence.
A mesothelioma lawyer will establish all potential defendants, and their connection to victim's exposure. This could involve a thorough review over the past 40 years of the victim's life, including interviews and a review their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy is dependent on a wealth of experience in a complex area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in 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 coordinating the interests of many different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience establishing and developing important defenses including expert testimony, jurisdictional Case Management Orders.
Preparing for trial
Lawyers must carefully prepare their cases before trial to ensure that their clients can present the strongest evidence and arguments possible. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying the exhibits that will be used at the trial. This can take a lot of time in complex cases.
Lincoln asbestos lawyer have a less severe illness such as asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis can cause coughing, chest pain, and breathing problems.
Asbestos victims' attorneys must also examine the evidence to find potential defendants that could be held liable for the asbestos-related injuries. This involves interviewing coworkers, family, asbestos abatement workers and asbestos manufacturers, in addition to obtaining various documents.
Once a defendant has been identified An attorney must determine the legal liability of the defendant. The defendants could be businesses, individuals or government agencies. They must be held accountable for their negligent actions.
Many legislative solutions to solve asbestos litigation have been suggested in Congress. The efforts have not been effective due to a myriad of complex political factors. Asbestos victims along with their lawyers and government are determined to hold negligent asbestos companies accountable for their conduct.
The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our lawyers have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts, where cases are assigned to judges who are familiar with asbestos issues.
The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members meet and discuss legal issues and strategies on the Group's plaintiff-only list server during the annual and winter conventions and in educational seminars on asbestos litigation.