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Asbestos Litigation

Every asbestos case is different, but the general procedure for defending against such claims is similar. Your lawyer will require you to conduct a deposition of the plaintiff.

The source of asbestos exposure can be many, not just one employer or company. This is why asbestos cases typically involve multiple defendants.

Find out the source of exposure

The identification of asbestos exposure is a crucial step in submitting an asbestos claim. Often, victims' attorneys can use medical records to determine the source of asbestos. This can help victims get compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma victims and their families require compensation to cover expensive mesothelioma treatments. Compensation can also assist families in dealing with the emotional burden of mesothelioma diagnosis.

Asbestos lawsuits are complex legal proceedings, and the victims need to know their rights and how the process works. Attorneys are able to handle many aspects of a case, they are expected to be involved in the case. This includes responding to requests for discovery and attending depositions.

Be aware that the statutes are restricted in New York, and you must consult an asbestos attorney as soon a possible. Failure to file an asbestos claim within the required timeframe could result in a denial on financial compensation.

In some cases, victims were exposed to asbestos products manufactured by multiple companies. In these instances, lawyers representing the victims be required to identify all asbestos-containing products, as well the contractors and employers who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of dozens of bankruptcy filings by asbestos manufacturers. Many of these companies have created trust funds to pay compensation to asbestos lawyer victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

The process of creating an Database

A case involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies that are being sued) as well as many of the same law firms that represent plaintiffs, as well as many of the same expert witnesses.

To develop a successful asbestos defense, lawyers have to be able to access a large database that can pinpoint potential exposure sources. This includes reviewing job sites, interviewing co-workers and collecting information from suppliers and employers. This involves locating and interviewing nurses or doctors who might be able to provide evidence regarding asbestos exposure.

Making this kind of database can be a challenge, especially in cases where the data has been deleted or lost over time. If this happens, it can require the reconstruction of a complete claims database and insurance program, often from a variety of sources, including loss runs and claim files, internal systems, and defense counsel records. This can take years, or decades to complete.

Asbestos lawyers should also have access to a software that allows them locate potential exposure sites and to identify potential defendants. Lawyers can save time and money by having this information at their fingertips.

After the bankruptcy of many asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. In the wake of this, asbestos lawsuit cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and lawsuits naming less than 100 defendants is a rarity.

Identifying the defendants

The factual foundation of asbestos cases is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but once lawsuits started 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 demonstrate 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 cause of his injuries.

Since asbestos cases contain multiple defendants, the process of identifying defendants is different from a typical personal injury case. The key is to build a database linking employers and their locations, as well as products. This is done by interviewing co-workers and relatives as well as reviewing invoices and work orders, obtaining documents from suppliers and vendors and analyzing samples from the plaintiff's home as well as workplace sites. The type of asbestos involved such as amosite, chrysotile or Crocidolite - could be helpful in identifying defendants because each product is produced by an individual manufacturer.

The defendants must take the time to review these facts and pinpoint all possible sources of exposure, which could involve a thorough examination of more than 40 years of a person's life through Social Security, union, tax and other documents. Due to the long latency of asbestos-related injuries, it is difficult and expensive to establish an accurate database.

Due to the huge number of cases and limited resources of defendants Many asbestos lawsuit cases are referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent duplicate discovery.

The process of creating a case

Asbestos lawsuits require a lot of research and the examination of a large number of documents. This can be a challenge because exposure to asbestos typically occurred long before the victim became sick. To determine the source of exposure, attorneys must conduct interviews and carefully look over the thousands of pages of documents such as union documents, employment records, social security and tax records and medical and laboratory reports.

The lawyers representing the plaintiffs must do all they can to locate additional defendants. In many cases, the number defendants could be as high as 30 or 40. To achieve this they need to look further down the supply chain and research organizations that could have a connection to asbestos that have not been identified in the lawsuit.

This process is long, particularly when the plaintiff suffers from mesothelioma or any other serious illness. It is also difficult to locate witnesses and to gather evidence.

A mesothelioma lawyer will establish the potential defendants and their connection to victim's exposure. This can be a thorough analysis of the last 40 years of a victim's life, including interviews and a look at their social security and union, as well as tax records.

A successful asbestos litigation strategy requires a wealth of experience in this complex area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment back in 1994. We are the experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide variety of defendants, including product manufacturers, distributors, and contractors. We have a wealth of experience creating and implementing important defenses such as expert testimony and jurisdictional Case Management Orders.

Prepare for trial

Lawyers must be careful in preparing their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they can be. This includes reviewing medical records, gathering all witnesses and identifying evidence to be used in the trial. This process can be years long in complex cases.

Before developing mesothelioma asbestos sufferers develop a less severe disease such as asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms can include tightening of the lungs which may cause difficulty breathing, coughing and chest pain.

Asbestos victims' lawyers must also carefully review the evidence to identify any possible defendants who could be held accountable for Asbestos Lawsuit-related injuries. This includes interviewing family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, as well as getting various documents.

Once a defendant is identified as a possible defendant, an attorney must determine the liability of this party. The defendants can be businesses, individuals or government agencies. They are accountable for their negligent actions.

Congress has enacted a number of legislative solutions to settle asbestos lawsuits. However, these initiatives have not been successful due to a variety of complex political reasons. Asbestos victims and their lawyers remain committed to holding negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is an attorney firm that has handled hundreds of cases in New York State and across the nation. Our lawyers have held manufacturers, insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges familiar with asbestos-related issues.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members network 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 lawyer litigation.