"The Ultimate Cheat Sheet For Asbestos Litigation

Asbestos Litigation

Each asbestos case is different, but the general process for defending such claims is the same. Your lawyer will require you to conduct an interview with the plaintiff.

The cause of asbestos exposure can be many, not just one company or employer. This is why asbestos attorneys cases typically involve multiple defendants.

Determine the source of exposure

Identifying asbestos exposure is an important step in filing an asbestos claim. Lawyers representing victims typically utilize medical records to determine asbestos lawsuit' source. This can assist victims in receiving compensation from the companies responsible for their asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the expense of expensive treatment. Compensation can also help families cope with the emotional burdens of mesothelioma being diagnosed.

Asbestos cases are a complex legal issues. Victims need to know their rights and the process. While attorneys are able to handle a variety of aspects of a case victims are expected to participate in their own case. This includes responding to requests for discovery and attending depositions.

Be aware that the statutes are limited in New York, and you should consult an asbestos attorney immediately if you are able to. If you don't 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 made by several companies. In these instances, victims lawyers may be required to identify the manufacturers of each product, as well as the employers or contractors who supplied the asbestos-containing products.

Asbestos lawsuits are the longest-running mass tort in American history. It's responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies conducted by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating the Database

A mesothelioma lawsuit or other asbestos-related diseases is distinct from a typical personal injury lawsuit. In many asbestos litigation cases, the plaintiffs are represented by the same law firms as well as the same expert witnesses.

To develop a successful asbestos defense, lawyers have to have access to a vast database that can identify possible exposure sources. This includes reviewing the work site, speaking with coworkers, and obtaining documents from suppliers and employers. This also involves finding and interviewing doctors and nurses who can testify regarding asbestos exposure.

The creation of this type of database can be challenging particularly when the data has been lost or destroyed over time. In these cases it is possible to recreate the entire insurance program and claims database using multiple sources including loss runs, claim files internal system and defense counsel records. It can take a long time or even decades to complete.

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

After the collapse of several asbestos lawyer producers, plaintiffs' attorneys searched for new defendants to their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the number of defendants is paramount, and suits that name fewer than 100 defendants are a rarity.

Identifying the defendants

The actual basis of asbestos lawsuits is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but when lawsuits began, documents from the company exposed evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To win a case, a plaintiff must demonstrate that the defendant's product was utilized at his work site, that he was exposed to it through inhalation of dust, and that the exposure was a significant reason for his injuries.

Asbestos cases typically involve multiple defendants. The process of identifying them differs from a personal injury lawsuit. The key is to develop an inventory of employers, locations and products by speaking with relatives and coworkers, reviewing work orders and invoices and obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's residence and work websites. It is also possible to identify defendants if one knows the kind of asbestos, such as amosite or chrysotile.

The defendants must take the time to review the facts and determine the possible sources of exposure. This may require a review of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the time lag for asbestos-related injuries is long, the creation of an accurate database requires a lot of time and costly investigation.

Due to the high volume of asbestos cases and insufficient resources of defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants to share their resources and reduce the duplication of discovery.

Case Development

Asbestos lawsuits require a lot of investigation and the review of many documents. This can be particularly challenging since exposure to asbestos often occurred long before the victim developed a health issue. To identify the source of the asbestos exposure, lawyers must conduct interview and carefully go through thousands of pages of documents like employment records and union documents tax files, social security files and lab and medical reports.

The lawyers representing the plaintiffs must do all they can to find additional defendants. In certain cases, there could be as high as 40 defendants. To do this, they must examine the supply chain to investigate entities that may have a connection with asbestos but who are not named in the lawsuit.

This process is long, particularly when the claimant suffers from mesothelioma or other serious illnesses. In addition, it is often difficult to find witnesses and get physical evidence.

A mesothelioma lawyer will attempt to identify all defendants and the connection to the victim's exposure. This can be a thorough analysis of the last 40 years of a victim's life, including interviews and a look at their social security, labor, union and tax records.

A successful asbestos litigation strategy requires extensive experience in this tangled area of law. Since our founding in 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 litigation that spans the entire industry. We serve as National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have a wealth of experience creating and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must meticulously prepare their cases prior to trial so that their clients are able to 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 in the trial. This process can take a long time in cases that are complex.

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

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

After a lawyer has identified a possible defendant, they need to determine the liability of the party. The defendants may be individuals, companies or governmental organizations. They are accountable for their negligent actions.

A variety of legislative solutions to end asbestos litigation have been formulated in Congress. However, these initiatives have not been successful due to a variety of complex political reasons. Asbestos victims along with their lawyers and government are committed to holding negligent asbestos companies accountable for their behavior.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our lawyers have held manufacturers, insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts in which cases are assigned to judges familiar with asbestos matters.

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 Winter and annual conventions.