Asbestos Litigation 10 Things I'd Like To Have Learned Earlier
Asbestos Litigation
Each asbestos case is distinct however the process to defend these claims is similar. Your attorney will want you to take a deposition of the plaintiff.
The cause of asbestos exposure can be numerous, not only one employer or company. This is why asbestos cases typically involve multiple defendants.
Identifying the source of exposure
In order to file an asbestos claim, it is important to identify asbestos exposure. Often, the attorneys of victims may use medical records to determine the source of asbestos. This can help victims get compensation from the companies accountable for asbestos exposure.
Compensation is required by mesothelioma patients and their families to pay for the cost of expensive treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.
Asbestos cases are complex legal issues. Victims must be aware of their rights and the process. Attorneys are able to handle many aspects of a case they are expected to participate in the process. This includes responding to discovery requests and attending depositions.
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. Failure to file a claim within the appropriate timeframe could result in missing out on financial compensation.
In certain instances victims were exposed to asbestos-containing products made by several companies. In these cases, victims' attorneys may need to identify the companies that made each product, in addition to the contractors or employers who supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort of American history. It is responsible for dozens bankruptcy filings from asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
Developing a Database
A lawsuit involving mesothelioma or other asbestos-related diseases differs from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies who are being sued) and many of the same law firms that represent plaintiffs and many of the same expert witnesses.
To develop a successful asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This includes examining the job site, talking to coworkers and obtaining documents from employers and suppliers. This involves locating and interviewing nurses or doctors who may be able testify regarding asbestos exposure.
Developing this type of database can be challenging, especially in cases where the data has been deleted or lost over time. When this happens, it can necessitate the reconstruction of a complete claims database as well as an insurance program, usually from multiple sources like loss runs, claim files, internal systems and defense counsel records. This could take a number of years or even decades to complete.
Asbestos lawyers must also have access to a software that allows them to locate potential exposure areas and identify potential defendants. This information is available to attorneys can save both valuable time and money.
After the collapse of several asbestos producers, plaintiffs' lawyers 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 naming fewer than 100 defendants are not common.
Identifying the defendants
The majority of asbestos cases are based by factual evidence that's later discovered. Asbestos firms have denied for many years that their products could cause harm, but after lawsuits began, documents from the company exposed evidence of the dangers. These documents can help plaintiffs establish that certain defendants products were responsible for their injuries. To prevail in a lawsuit, a plaintiff has to demonstrate that the defendant's products were used in the workplace, that he inhaled dust from the product, and that this exposure was a major factor in his injuries.
Asbestos cases often involve several defendants. The method of identifying them is different from a personal injury lawsuit. By interviewing coworkers and family members, examining invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos samples taken from the plaintiff's workplace and home, it is possible to establish an online database that links employers, locations, and products. It is also a good way to identify defendants if one knows the kind of asbestos, such as chrysotile or amosite.
The defendants must take the time to review these facts and identify the possible sources of exposure, which could involve a thorough examination of more than 40 years of a worker's existence through Social Security, union, tax and other records. Because of the long time lag of asbestos-related injuries, it can be difficult and expensive to establish an accurate database.
Due to the sheer number of cases and limited resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent the duplication of discovery.
Case Development
Asbestos suits require extensive research and the examination of a variety of documents. This can be particularly challenging since exposure to asbestos often occurred years before a victim developed a health issue. To identify the source of the asbestos exposure, attorneys must conduct an interview and examine thousands of documents, such as employment records and union documents tax files, social security files, medical and laboratory reports.
The attorneys representing the plaintiffs must also do everything they can to locate other defendants. In many cases, the number defendants can be as high as 30 or 40. To do this, they must investigate the supply chain to find companies that might have a connection with asbestos but who are not named in the lawsuit.
This process can be very time consuming, especially when a claimant is suffering from mesothelioma or other serious illnesses. It can be difficult to find witnesses and to gather evidence.
An attorney for mesothelioma will try to identify all defendants and the connection to the victim's exposure. This may involve a thorough review over the last 40 years of the victim's life. This may include interviews and a look at their social security, labor, union and tax records.
A successful asbestos litigation strategy requires a wealth of experience in this complex area of law. Since its inception back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in the defense of companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide variety of defendants, including distributors, manufacturers and contractors. We have extensive expertise in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.
Prepare for Trial
Lawyers must be careful in preparing their cases prior to trial to ensure that their clients' arguments and evidence are the strongest they can be. This involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the case. The process can take several years in the case of complex cases.
Before developing mesothelioma, many asbestos victims develop a lesser disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis symptoms can include tightening of the lungs that may cause difficulty breathing, coughing, chest pain and so on.
Asbestos victims' lawyers must also scrutinize the evidence to identify any potential defendants who could be held liable for asbestos-related injuries. This includes interviewing family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, in addition to obtaining various documents.
After a lawyer has identified a potential defendant, they need to determine the liability of that party. The defendants can be businesses, individuals, or government agencies. They must be held responsible for their negligent acts.
Congress has offered a variety of legislative remedies to resolve asbestos lawsuits. These efforts have not been effective due to a myriad of complex political factors. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their conduct.
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 producers insurance companies, asbestos manufacturers, 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 matters.
The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Arvada asbestos lawsuits of the Asbestos Litigation Group network and discuss legal issues strategies, and also at Winter and annual conventions.