The Reason The Biggest "Myths" About Asbestos Litigation Might Be True
Asbestos Litigation
Each asbestos case is distinct however, the general procedure to defend these claims is the same. Your attorney will want to take a deposition of the plaintiff.
The exposure of a person to asbestos can be triggered by multiple sources, not just one employer or company. This is the reason asbestos cases usually involve multiple defendants.
Identifying the source of exposure
To make an asbestos claim, it is important to identify asbestos exposure. Lawyers representing victims typically make use of medical records to determine asbestos' source. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.
Mesothelioma sufferers and their families require compensation to cover the cost of mesothelioma treatments. Compensation can also help families cope with the emotional burden of mesothelioma being diagnosed.
Asbestos lawsuits are complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case the plaintiffs are expected to take part in their own case. This includes responding to discovery requests and attending depositions.
Remember that the statutes are limited in New York, and you should consult an asbestos attorney as soon as you can. If you do not file your claim within the stipulated time period you could be denied on financial compensation.
In some instances victims have been exposed to asbestos-containing products produced by multiple companies. In such cases, the lawyers representing the victims will be required to identify all asbestos-containing products as well as the contractors and employers who supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies established trust funds for asbestos victims. But asbestos defendants continue to contest evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is despite research by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.
Developing the Database
A lawsuit involving mesothelioma or other asbestos-related diseases differs from a typical personal injury case. In a lot of asbestos litigation cases, the plaintiffs are represented by the same law firms as well as the same expert witnesses.
To build a successful defense in an asbestos case, attorneys must have access to a database that can pinpoint potential exposure sources. This includes examining the job site, talking to coworkers and obtaining documents from suppliers and employers. This also involves tracking down and interviewing nurses and doctors who can testify about asbestos exposure.
Making this kind of database can be challenging particularly in situations where the data has been deleted or lost over time. In these situations, it may be necessary to reconstruct an entire insurance program and claims database, using multiple sources, like loss runs, claim files, internal system and defense counsel records. It can take years, or even decades to complete.
Asbestos attorneys must also have access to a software that lets them identify potential defendants and potential exposure sites. The information that is available to attorneys can help save time and money.
Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers looked for new defendants for 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 that name less than 100 defendants is a rarity.
Identifying the defendants
The factual foundation of asbestos attorney cases is often established through discovery. Many asbestos companies resisted for many years that their products could cause harm to people, but once lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can aid plaintiffs establish that certain defendants' products caused their injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used at his workplace, and that he inhaled dust from the product and that the exposure was a major cause of his injuries.
Asbestos cases often involve several defendants. The process of identifying them differs from a personal injury case. The most important thing is to create an inventory of employers, locations and products by interviewing co-workers and relatives looking over invoices and work orders, obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and employment sites. The type of asbestos used such as amosite, chrysotile or crocidolite - is helpful in identifying defendants because each product is produced by the same manufacturer.
The defendants must be attentive to these facts and identify all possible sources of exposure, which may require a examination of more than 40 years of a worker's life through Social Security, union, tax and other records. Due to the lengthy latency of asbestos attorney-related injuries, it is difficult and costly to create an accurate database.
Due to the sheer number of cases and the insufficient resources of many defendants asbestos cases are often referred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to share resources and avoid duplication of discovery.
Making a Case
Asbestos lawsuits require a lot of research and the examination of many documents. This can be a difficult job, as asbestos exposure is often a long time before the victim becomes ill. To pinpoint the source of the asbestos exposure, attorneys must conduct interview and carefully examine thousands of documents, such as union and employment records as well as tax files, social security records, lab and medical reports.
The attorneys representing the plaintiffs must also do everything they can to identify other defendants. In certain cases, there could be up to 40 defendants. To do so, they must look further down the supply chain and investigate entities with a possible nexus to asbestos lawyers that have not been named in the lawsuit.
This process is long, particularly when the claimant suffers from mesothelioma or other serious illnesses. Additionally, it is often difficult to find witnesses and get physical evidence.
A mesothelioma attorney will work to determine the identity of all defendants and their connection to the victim's exposure. This could be a thorough analysis of the last 40 years of a victim's life, which may include interviews and a review their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy is dependent on years 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 defending companies in multi-jurisdictional, global litigation. We are the 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 in formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.
Preparing for trial
Lawyers must carefully prepare their cases prior to trial so that their clients can present the strongest evidence and arguments possible. This involves reviewing medical records, preparing all witnesses and identifying the exhibits that will be used in the trial. This process can be lengthy in cases that are complex.
Before developing mesothelioma asbestos victims develop a lesser disease such as asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms can include tightening of the lungs which may cause difficulty breathing, coughing and chest pain.
Attorneys for asbestos victims must also carefully look over the evidence to identify potential defendants that could be held accountable for the asbestos-related injuries. This includes interviewing coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, as well as gathering various documents.
After identifying a potential defendant, an attorney must determine the liability of the party. The defendants could be businesses, individuals or government agencies. They are accountable for their actions that were negligent.
Many legislative solutions to solve asbestos litigation have been proposed in Congress. The efforts have not been effective due to a myriad of complicated political issues. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their actions.
The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our lawyers have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are assigned by judges who have experience in 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 at annual and Winter conventions.