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Asbestos Litigation

Every asbestos case is different however, the general procedure for defending against such claims is similar. Your lawyer will ask you to conduct an interview with the plaintiff.

A person's exposure to asbestos can be triggered by multiple sources, not just an employer or a company. This is the reason asbestos cases usually involve multiple defendants.

Identifying the source of exposure

The identification of asbestos exposure is a crucial step in submitting an asbestos claim. Attorneys for victims can often make use of medical records to determine the source of asbestos. This can help victims receive compensation from the companies responsible for asbestos exposure.

Mesothelioma victims and their families need compensation to cover the cost of mesothelioma-related treatment. Compensation can help families cope with the mesothelioma diagnosis.

Asbestos cases can be a complicated legal issues. The victims must be aware of their rights and the process. While attorneys are able to handle a variety of aspects of a case, the plaintiffs are expected to take part in their case as well. This includes responding to requests for discovery and taking depositions.

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 lawyer as soon as possible. If you do not submit your claim within the prescribed timeframe, you could lose out on financial compensation.

In some instances asbestos-containing products produced by multiple companies have been used to expose victims. In these cases, the victims' attorneys may need to identify the companies that made each product, as well as the employers or contractors who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for hundreds of bankruptcy filings from asbestos producers. Many of these companies established trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

The process of creating an Database

A lawsuit involving mesothelioma or other asbestos-related diseases differs from a typical personal injury case. In many asbestos litigation cases, plaintiffs are represented by same law firms and the same expert witnesses.

In order to develop a successful defense in a case involving asbestos, attorneys must have access to a vast database that can pinpoint possible sources of exposure. This involves reviewing the job site, talking to coworkers and obtaining documents from suppliers and employers. The process also requires tracking down and interviewing nurses and doctors who can testify regarding asbestos exposure.

This kind of database is difficult to build, particularly if the data has been lost over time. When this occurs it could necessitate the reconstruction of a complete claims database and insurance program, usually from multiple sources like loss runs, claim files, internal systems and defense counsel records. It could take years, or even decades, to complete.

Asbestos lawyers also need access to a program that allows them to find potential exposure sites and identify potential defendants. The information that is at the fingertips of attorneys can help save time and money.

Following the massive bankruptcies of asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which volume reigns supreme and suits naming fewer than 100 defendants are rare.

Identifying the defendants

The truthful basis of asbestos cases is often established through discovery. Asbestos companies denied for many years that their products could cause harm, but when lawsuits began the company's documents revealed evidence of the dangers. These documents can aid plaintiffs establish that certain defendants' products caused their injuries. To win a lawsuit, a plaintiff has to prove that the defendant's products were used in his workplace, that he inhaled dust from the product, and that the exposure was a major factor in his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different from the typical personal injury case. The key is to develop an information database that links employers, locations and products by speaking with relatives and coworkers looking over invoices and work orders and obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's home as well as work websites. The type of asbestos used - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants as each product is manufactured by the same manufacturer.

The defendants must take the time to review these facts and pinpoint the possible sources of exposure, which can involve a review of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the time between asbestos injuries is so long, the creation of an accurate database is a lengthy and costly discovery.

Because of the large numbers of cases and the limited resources of defendants, many asbestos lawyers cases are being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent the duplication of discovery.

Making a Case

Asbestos suits require extensive research and the examination of many documents. This can be a challenge because exposure to asbestos typically was a long time before the victim developed a health issue. To pinpoint the source of the asbestos exposure, lawyers must conduct interview and carefully examine thousands of documents including union and employment records tax files, social security files and medical and laboratory reports.

The attorneys representing the plaintiffs have to do everything they can to locate additional defendants. In many cases, the number of defendants can be as high as 30 or 40. To achieve this they need to look further down the supply chain and look into companies that may have a connection to asbestos, even if they haven't been named in the lawsuit.

This process can be extremely time consuming, especially when the plaintiff is suffering 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 determine the identity of all defendants and the connection to the victim's exposure. This can involve a thorough review over the last 40 years of a victim's life, including interviews and a review their social security, labor, union and tax records.

A successful asbestos litigation strategy requires a wealth of experience in this tangled area of law. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in defending companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants, including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience creating and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers need to carefully prepare their cases prior to trial so that their clients have the strongest evidence and arguments possible. This includes reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the trial. The process can take several years in the case of complex cases.

Before developing mesothelioma asbestos victims develop a lesser disease, such as asbestosis or pleural fibrosis or pleural plaque. Asbestosis symptoms include tightening of the lungs which can cause breathing difficulties, coughing and chest pain.

Attorneys for asbestos lawsuit victims must also carefully review the evidence to determine potential defendants who could be held accountable for the asbestos injuries. This includes interviewing family members, coworkers asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, in addition to gathering various documents.

After identifying a potential defendant an attorney must determine the legal liability of this party. The defendants can be businesses, individuals or government agencies. They are accountable for their negligent acts.

A variety of legislative solutions to end asbestos litigation have been formulated in Congress. However, these attempts have failed due to a number of complicated political motives. Asbestos victims and their lawyers remain committed to holding negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled a variety of cases in New York State and across the nation. Our lawyers have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts where cases are assigned to judges familiar with asbestos lawsuit-related issues.

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