Why Nobody Cares About Asbestos Litigation
Asbestos Litigation
Each asbestos case is unique, but the general procedure for defending against such claims is similar. Your lawyer will require you to conduct an interview with the plaintiff.
The source of asbestos exposure can be numerous, not only one employer or business. This is why asbestos cases typically involve multiple defendants.
Determining the Source of Exposure
Recognizing asbestos exposure is an important step to file an asbestos claim. Often, the attorneys of victims may use medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are accountable for asbestos exposure.
Mesothelioma sufferers and their families need compensation to pay for mesothelioma treatments. Compensation can also help families cope with the emotional burden of a mesothelioma diagnosis.
Asbestos lawsuits are complicated legal proceedings, and the victims need to understand their rights and how the process works. Attorneys can handle a variety of aspects of a case, they are expected to participate in the process. This includes responding to discovery requests and taking depositions.
It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is important to seek out an experienced asbestos attorney as soon as you can. If you fail to submit your claim within the stipulated time period, you could lose out on financial compensation.
In certain instances, victims have been exposed to asbestos products manufactured by multiple companies. In these cases, victims' attorneys may need to identify the manufacturers of each product, as well as the contractors or employers who supplied the asbestos-containing products.
Asbestos lawsuits are the longest-running mass tort in American history. It's responsible for dozens 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 and lung cancer. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
The process of creating the Database
A case involving asbestos-related diseases or mesothelioma is different than 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 representing plaintiffs, and a lot of the same expert witnesses.
To build a strong defense in a case involving asbestos, attorneys must have access to a comprehensive database that can identify potential sources of exposure. This includes examining the job site, talking to coworkers and obtaining documents from employers and suppliers. This also involves the search for and interviewing nurses and doctors who can testify about asbestos exposure.
This kind of database is difficult to build, particularly when the data has been lost over time. In these situations it is possible to rebuild a complete insurance program and claims database making use of multiple sources, like loss runs, claim files internal system, as well as defense counsel records. This can take years, or even years to complete.
Asbestos lawyers should also have access to a program that allows them to locate potential exposure areas and identify potential defendants. Attorneys can cut down on time and money by having this information at their fingertips.
After the mass bankruptcies of many asbestos manufacturers attorneys for plaintiffs sought new defendants to name in their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and suits naming less than 100 defendants is a rarity.
Identifying Defendants
The factual foundation of asbestos cases is often established through discovery. Many asbestos companies resisted for decades that their products could harm people, but when lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can assist plaintiffs prove that specific defendants products were responsible for their injuries. To win a case the plaintiff must prove that the defendant's product was utilized at his workplace, that the worker was exposed to it inhaling dust and that exposure was a significant factor in his injuries.
Asbestos cases often involve several defendants. The method of identifying them is different from a personal injury case. By interviewing family and coworkers members, looking over invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples taken from the plaintiff's workplace as well as home it is possible to establish a database that links employers, locations, and products. It is also a good way to identify defendants if you are aware of the type of asbestos, such as amosite or chrysotile.
Defendants must carefully review the facts and determine the possible sources of exposure. This could involve a thorough review of more than 40 years of a worker's life through Social Security, union, tax and other records. Because the time lag for asbestos injuries is so long, establishing an accurate database requires extensive and costly research.
Due to the huge number of asbestos cases, and the insufficient resources of defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This allows defendants to share resources and prevent duplicate discovery.
Developing a Case
Asbestos lawsuits require a lot of research and the review of numerous documents. This can be particularly difficult since exposure to asbestos often was a long time before the victim became sick. To identify the sources of exposure, attorneys must conduct interviews and look over the thousands of pages of documents like employment records, union documents, social security and tax records, and medical and laboratory reports.
The lawyers representing the plaintiffs must do all they can to identify other defendants. In certain cases, there could be up to 40 defendants. To do so they must go further down the supply chain and research companies that may have a connection to asbestos, even if they haven't been identified in the lawsuit.
This process can be very time consuming, especially when a claimant is suffering from mesothelioma or other serious diseases. In addition, it can be often difficult to locate witnesses and get physical evidence.
An attorney for mesothelioma will try to establish all potential defendants and their connection to the victim's exposure. This could involve a thorough review over the last 40 years of the victim's life, including interviews and a look at their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy is dependent on a wealth of experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are experts in the nation's defense of firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and representing the interests of a variety of different defendants, including product manufacturers distributors, suppliers, and contractors. We have a wealth of experience creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.
Prepare for trial
Lawyers must carefully prepare their cases ahead of trial so that their clients are able to present the strongest evidence and arguments possible. This involves reviewing medical records, preparing all witnesses and identifying evidence to be used in the case. This process can take years in complicated cases.
Many asbestos sufferers have a less severe illness such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's onset. Asbestosis can cause chest pain, coughing, and breathing problems.
Asbestos victims' attorneys must also scrutinize the evidence to determine any potential defendants that could be held liable for the asbestos injuries. This involves interviewing coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and gathering various documents.
After a lawyer has identified a potential defendant, they must then determine the liability of that party. The defendants could be businesses, individuals, or government agencies. They are accountable for their actions that were negligent.
Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, Nashua asbestos attorneys have failed due to a variety of political issues. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos companies accountable for their actions.
The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our attorneys have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges that are experienced with asbestos-related issues.
The Asbestos Litigation Group welcomes all AAJ members including regular, life, sustainer, and President's club members. Members interact and discuss legal issues and strategies on the Group's plaintiff-only list server during the annual and winter conventions and in educational seminars on asbestos litigation.