You Will Meet Your Fellow Asbestos Litigation Enthusiasts. Steve Jobs Of The Asbestos Litigation Industry
Asbestos Litigation
Each asbestos case is unique however, the general procedure for defending against claims based on asbestos is the same. Your attorney should interview the plaintiff.
The source of asbestos exposure could be numerous, not only one employer or company. This is why asbestos cases typically involve multiple defendants.
Determining the Source of Exposure
Recognizing asbestos exposure is an important step in submitting an asbestos claim. Lawyers for victims often make use of medical records to determine asbestos' source. This can help victims get compensation from the companies that are accountable for asbestos exposure.
Mesothelioma victims and their families require compensation to cover expensive mesothelioma treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.
Asbestos cases are complex legal cases. The victims must be aware of their rights and the process. Attorneys are able to handle a variety of aspects of a case, they are expected to be involved in the process. This includes responding to requests for discovery and taking depositions.
Be aware that the statutes are limited in New York, and you should consult an asbestos attorney immediately if you are able to. If you do not submit your claim within the prescribed time frame you could be denied on financial compensation.
In some cases, victims were exposed to asbestos-containing products produced by several companies. In these instances, lawyers representing the victims will have to determine the source of all asbestos-containing products, as well the employers and contractors who supplied the asbestos-containing products.
Asbestos lawsuits are the longest-running mass tort of American history. It has been responsible for numerous bankruptcy filings from asbestos producers. Many of these companies set up trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the findings of doctors such as Dr. litigation report asbestos . Selikoff and Dr. Jacob Churg.
Making an Database
A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury case. In many cases asbestos litigation, there are a lot of the same defendants (companies that are sued) and many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses.
To be able to build a successful asbestos defense, lawyers have to have access to an extensive database that can identify possible exposure sources. This includes examining the job site, talking to coworkers and obtaining documents from employers and suppliers. This involves finding and interviewing doctors or nurses who may be able to testify regarding asbestos exposure.
This kind of database can be difficult to develop, especially when the data has been lost over time. If this happens, it can necessitate the reconstruction of a complete claims database as well as an 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 years to complete.
Asbestos lawyers must also have access to a program that allows them to find 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 looked for new defendants for their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the volume is paramount and suits that name fewer than 100 defendants are rare.
Identifying the defendants
Most asbestos lawsuits are based by factual evidence that's later discovered. Many asbestos companies resisted for many years that their products could cause harm to people, but once lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can be used to prove that certain products of the defendants caused injuries. To win a lawsuit, a plaintiff has to prove that the defendant's products were used in the workplace, that he inhaled dust from the product and that this exposure was a major reason for his injuries.
Since asbestos cases contain multiple defendants, the method of identifying defendants is different than an ordinary personal injury case. By interviewing coworkers and family members, examining invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's workplace as well as home it is possible to create a database that links employers, locations, and products. The type of asbestos used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants as each product is produced by an individual manufacturer.
The defendants are required to thoroughly look over these facts and determine all possible sources of exposure. This can include a review of over 40 years of records from Social Security, tax, union and other records of a worker. Due to the lengthy latency of asbestos-related injuries, it is difficult and costly to build an accurate database.
Because of the large numbers of cases and limited resources of defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to pool resources and avoid duplication of discovery.
The process of creating a case
Asbestos suits require extensive investigation and the review of many documents. This can be a challenge since exposure to asbestos often was a long time before the victim developed a health issue. To pinpoint the source of asbestos exposure, attorneys must conduct interviews and review thousands pages of documentation like union and employment records, tax files and social security files and medical and lab reports.
The plaintiffs' attorneys must also do everything they can to locate other defendants. In some cases, there can be up to 40 defendants. To do this, they must look down the supply chain to find entities that may have a connection with asbestos but who are not included in the lawsuit.
This process can be very lengthy, especially if the claimant suffers from mesothelioma and other severe illnesses. It is also difficult to find witnesses and gather physical evidence.
A mesothelioma lawyer will identify all potential defendants, and their relationship to victim's exposure. This could require a thorough review of over 40 years of the victim's life via interviews as well as a review of their social security, union, and tax records.
A successful asbestos litigation strategy requires a wealth of experience in this tangled legal field. 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 are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad range of defendants, including distributors, manufacturers and contractors. We have extensive experience in formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.
Prepare for Trial
Lawyers must meticulously prepare their cases prior to trial to ensure that their clients' arguments and evidence are as strong as they could be. This involves reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used in the trial. This process can be lengthy in cases that are complex.
Before developing mesothelioma asbestos patients develop a lesser disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms include a tightening of the lungs that can cause breathing difficulties, coughing and chest pain.
Attorneys for asbestos victims must also review the evidence to determine potential defendants who might be accountable for the asbestos injuries. This includes interviewing coworkers, family members, asbestos manufacturers, asbestos abatement workers and obtaining various documents.
Once a lawyer has identified a potential defendant, they must then determine the liability of the party. The defendants could be businesses, individuals or government agencies. They are held accountable for their negligent acts.
Congress has proposed several legislative solutions to end asbestos lawsuits. However, these initiatives have failed due to a variety of complex political reasons. Asbestos victims, their lawyers and the government remain committed to holding negligent asbestos firms accountable for their behavior.
Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our attorneys have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts where cases are assigned to judges familiar with asbestos matters.
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 only for plaintiffs list server, at annual and winter conventions as well as in seminars for education on asbestos litigation.