20 Myths About Asbestos Litigation: Dispelled
Asbestos Litigation
Each asbestos case is unique, but the general procedure to defend against such claims is the same. Your lawyer will require you to take depositions of the plaintiff.
The exposure of an individual to asbestos can be triggered by multiple sources, not just one employer or company. This is why asbestos 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 use medical records to determine asbestos' source. This can help victims receive compensation from the companies responsible for their asbestos exposure.
Compensation is needed by mesothelioma patients as well as their families to pay for the cost of costly treatment. Compensation can assist families in dealing with emotional stress with a mesothelioma diagnoses.
Asbestos lawsuits are complex legal cases, and victims need to know their rights and how the process works. While attorneys are able to handle a variety of aspects of a case, the victims are expected to be involved in their case as well. This includes responding to requests for discovery and taking depositions.
Be aware that the statutes are restricted in New York, and you must consult an asbestos attorney as soon as you can. If you fail to file your claim within the prescribed time period you could be denied on financial compensation.
In some cases, asbestos products made by multiple companies have been used to expose victims. In these instances, lawyers representing the victims be required to identify all asbestos-containing products as well as the contractors and employers who supplied the materials.
Asbestos litigation has been the longest-running mass tort in American history. It's responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
The process of creating an Database
A lawsuit involving asbestos-related diseases or mesothelioma differs from a typical personal injury claim. In many Asbestos lawsuit litigation cases, plaintiffs are represented by same law firms and same expert witnesses.
To develop a successful asbestos defense, lawyers have to have access to an extensive database that can pinpoint potential exposure sources. This includes reviewing the job site, talking to coworkers and getting documents from suppliers and employers. This involves locating and interviewing nurses or doctors who might be able to testify regarding asbestos exposure.
This kind of database can be difficult to build, particularly if the data has been lost over time. If this happens, it can require the reconstruction of a complete claims database and insurance program, usually from a variety of sources, including loss runs, claim files, internal systems, and defense counsel records. This can take years, or even years to complete.
Asbestos lawyers should also have access to a software that allows them locate potential exposure sites and to identify potential defendants. The information that is at the fingertips of attorneys can help save time and money.
After the bankruptcy of many asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the number of defendants is paramount, and lawsuits that name less than 100 defendants are not common.
Identifying the defendants
The majority of asbestos lawsuits are based on evidence based on facts that are discovered. Many asbestos companies resisted for decades that their products could cause harm to people, but after the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can be used to prove that certain products of the defendants caused injuries. In order to win a lawsuit the plaintiff must prove that the defendant's products were used at his work place, that he breathed in dust from the product and that this exposure was a major cause of his injuries.
Asbestos cases typically involve several defendants. The method of identifying them differs from a personal injury lawsuit. Through interviews with coworkers and family members, looking over invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's workplace and home it is possible to establish a database that links employers locations, workplaces, and products. The type of asbestos involved - amosite, chrysotile or crocidolite - can also be helpful in identifying defendants as each product is produced by an individual manufacturer.
The defendants must take the time to review these facts and identify the possible sources of exposure. This may require a review of more than forty years of a worker's existence through Social Security, union, tax and other records. Due to the lengthy latency of asbestos-related injuries, it is difficult and costly to build an accurate database.
Due to the sheer number of cases and the insufficient resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and avoid duplication of discovery.
Case Development
Asbestos lawsuits require extensive research and the review of a large number of documents. This can be a particularly difficult job, as asbestos exposure can occur years before the person who suffers from illness. To identify the source of the asbestos exposure, attorneys must conduct an interview and go through thousands of pages of documents like employment records and union documents tax files, social security files and medical and lab reports.
The lawyers representing the plaintiffs must also do everything they can to find other defendants. In many instances, the number of defendants can be as high as 30 or 40. To achieve this, they need to examine the supply chain to find companies that could have a link to asbestos lawsuit, but aren't included in the lawsuit.
This process can be very time-consuming, especially when the plaintiff suffers from mesothelioma or any other serious illness. Additionally, it is often difficult to locate witnesses and obtain physical evidence.
A mesothelioma lawyer will attempt to determine the identity of all defendants and their connections to the victim's exposure. This can include a thorough examination of the last 40 years of the victim's life, including interviews and a review their social security, labor, union and tax records.
A successful asbestos litigation strategy requires a lot of knowledge of this complicated area of law. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending businesses in multi-jurisdictional, global litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad range of defendants, including product manufacturers, distributors and contractors. We have extensive experience establishing and developing crucial defenses including expert testimony, 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 includes reviewing medical records and preparing all witnesses. It is also about identifying the exhibits that will be used at the trial. This process can take a long time in cases that are complex.
Before developing mesothelioma asbestos patients develop a lesser disease, such as asbestosis or the pleural plaque or pleural fibrosis. Asbestosis symptoms include tightening of the lungs which may cause difficulty breathing, coughing and chest pain.
Attorneys for asbestos victims must also examine the evidence in order to identify potential defendants who could be held accountable for the asbestos injuries. This involves interviewing co-workers and family members, asbestos abatement workers, asbestos manufacturers and obtaining a variety of documents.
Once a defendant has been identified an attorney must determine the legal liability of the party. The defendants may be individuals, companies or governmental agencies. They are accountable for their negligent actions.
Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these efforts have not been successful due to a number of complicated political motives. Asbestos victims and their lawyers are still committed to holding negligent asbestos companies accountable for their actions.
The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our attorneys have held asbestos manufacturers, 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 expertise in asbestos cases.
The asbestos attorneys Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members interact and discuss legal issues and strategies on the Group's plaintiff-only list server at the annual and winter conventions, and participate in educational seminars on asbestos litigation.