The Most Profound Problems In Asbestos Litigation
Asbestos Litigation
Every asbestos case is different, but the general procedure for defending against claims based on asbestos is the same. Your attorney should take a deposition of the plaintiff.
The exposure of an individual to asbestos can come from many places, not just a single employer or company. This is why asbestos cases typically involve multiple defendants.
Determine the source of exposure
To make an asbestos claim, it is essential to determine the source of asbestos exposure. Lawyers for victims often use medical records to determine asbestos' source. This can help victims receive compensation from the companies that are responsible for asbestos exposure.
Mesothelioma patients and their families require compensation to cover the cost of mesothelioma treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma diagnosis.
Asbestos lawsuits can be a complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. Attorneys can handle a variety of aspects of a case they are expected to be involved in the process. This includes responding quickly to discovery requests and participating in depositions in court.
It is also important to remember that the statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos lawyer as soon as you can. Failure to file an asbestos claim within the required time frame could result in a denial on financial compensation.
In some cases asbestos-containing products manufactured by multiple companies have been used to expose victims. In these cases, the victims lawyers might need to identify the manufacturers of each product, as well as the contractors or employers who supplied asbestos-containing materials.
Asbestos lawsuits are the longest-running mass tort in American history. It is the cause of numerous bankruptcy filings from asbestos manufacturers. Arvada asbestos attorneys of these companies established trust funds for asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making the Database
A case involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury claim. In a lot of asbestos litigation cases, plaintiffs are represented by the same law firms as well as the same expert witnesses.
To build a strong defense in an asbestos case, attorneys must have access to a comprehensive database that can help identify possible sources of exposure. This includes reviewing the job site, interviewing coworkers and getting documents from employers and suppliers. This involves locating and interviewing doctors or nurses who may be able testify regarding asbestos exposure.
This kind of database is difficult to build, particularly when the data has been lost over time. If this happens it could necessitate the reconstruction of a complete claims database and insurance program, usually from multiple sources such as loss runs and claim files, internal systems, and defense counsel records. It can take a long time or even decades to complete.
Asbestos attorneys must also have access to a software that allows them to identify potential defendants and locate potential exposure sites. Having this information at the fingertips of attorneys can help save time and money.
After the mass bankruptcies of asbestos producers the plaintiffs' lawyers were seeking new defendants to name in their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and suits that name fewer than 100 defendants are not common.
Identifying the defendants
Most asbestos lawsuits are based by factual evidence that's later discovered. Asbestos companies have denied for a number of years that their products could cause harm, but after the lawsuits began documents from the company provided evidence of the dangers. These documents can be used to prove that certain products of the defendant caused injuries. To win a lawsuit, the plaintiff must prove that the defendant's products were used in his workplace, that he inhaled dust from the product, and that exposure to the product was a major reason for his injuries.
Asbestos cases typically involve multiple defendants. The process of identifying them is different from a personal injury case. The key is to build an inventory of employers and their locations, as well as products. This is done by interviewing co-workers and relatives looking over invoices and work orders, obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's home and work websites. It can also help to identify defendants if one knows the type of asbestos, like amosite or chrysotile.
The defendants must take the time to review the facts and determine the possible sources of exposure. This can involve a review of more than forty years of a worker's life through Social Security, union, tax and other documents. Because the latency of asbestos injuries is so long, the creation of an accurate database is a lengthy and costly investigation.
Due to the high volume of asbestos cases and limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This gives defendants to pool resources and also avoid duplicate discovery.
The process of creating a case
Asbestos lawsuits involve extensive research and the examination of numerous documents. This can be a difficult task because asbestos exposure can occur years before the person who suffers from illness. To pinpoint the source of the asbestos exposure, lawyers must conduct an interview and examine thousands of documents like employment records and union documents as well as tax files, social security files, lab and medical reports.
The lawyers representing the plaintiffs must also do everything they can to find other defendants. In certain instances, there could be as many as 40 defendants. To do this, they must examine the supply chain to investigate entities that may have a link to asbestos, but are not mentioned in the lawsuit.
This process can be extremely time consuming, especially when the claimant suffers from mesothelioma and other severe illnesses. It can be difficult to find witnesses and to gather evidence.
A mesothelioma lawyer will identify the potential defendants and their connection to the victim's exposure. This can include a thorough examination of the last 40 years of the victim's life, which may include 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 back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in defending businesses 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 product manufacturers, distributors, and contractors. We have extensive experience in creating and implementing crucial defenses, expert testimony and jurisdictional Case Management Orders.
Preparing for Trial
Lawyers must carefully prepare their cases before trial to ensure that their clients are able to present the strongest arguments and evidence possible. This involves reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used during the trial. This process can take a long time in cases that are complex.
Before developing mesothelioma, many asbestos victims develop a lesser disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis can cause coughing, chest pain, and difficulty breathing.
Asbestos victims' lawyers must also scrutinize the evidence to find possible defendants who could be held liable for the asbestos-related injuries. This includes interviewing coworkers, family members, asbestos manufacturers, asbestos abatement workers and obtaining various documents.
Once a defendant is identified as a possible defendant, an attorney must determine the responsibility of the defendant. The defendants could be individuals, companies or governmental organizations. They are accountable for their negligent actions.
A variety of legislative solutions to end asbestos litigation have been proposed in Congress. However, these initiatives have failed due to a variety of complicated political motives. Asbestos victims and their lawyers remain determined to hold negligent asbestos companies accountable for their conduct.
The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our lawyers have held manufacturers, insurance companies, and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts where cases are assigned to judges that are experienced with asbestos issues.
The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at Winter and annual conventions.