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Asbestos Litigation

Each asbestos case is different however, the general procedure for defending claims involving asbestos is the same. Your attorney should conduct a deposition with the plaintiff.

The exposure of an individual to asbestos can come from multiple sources, 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 lawsuit exposure is a crucial step to file an asbestos claim. Often, victims' attorneys can use medical records to determine the cause of asbestos. This can assist victims in receiving compensation from the companies that are responsible for their asbestos exposure.

Compensation is required by mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.

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

It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos attorney as soon as possible. In the event of not filing an asbestos claim within the required time frame could result in missing out on financial compensation.

In certain instances victims were exposed to asbestos products manufactured by several companies. In these cases, victims lawyers may be required to identify the manufacturers of each product, as well as the contractors or employers who provided the asbestos-containing materials.

Asbestos lawsuits are the longest-running mass tort of American history. It is the cause of numerous bankruptcy filings from asbestos producers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. 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 is different from any typical personal injury lawsuit. In many cases, asbestos litigation involves many of the same defendants (companies that are sued) and many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.

In order to develop a viable defense in an asbestos-related case, attorneys must have access to a vast database that can identify possible sources of exposure. This involves reviewing job sites, interviewing co-workers and obtaining records from employers and suppliers. The process also requires finding and interviewing nurses and doctors who can testify regarding asbestos exposure.

This kind of database is difficult to develop, especially when the data has been lost over time. When this occurs, it can require the reconstruction of a complete claims database and insurance program, usually from multiple sources like loss runs, claim files, internal systems and defense counsel records. This can take many years or even decades to complete.

Asbestos lawyers also need access to a software that allows them to locate potential exposure sites and to identify potential defendants. Attorneys can cut down on time and money by having this information readily available.

After the mass bankruptcies of many asbestos producers, plaintiffs' lawyers sought new defendants to list in their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which volume reigns supreme and suits naming fewer than 100 defendants are not common.

Identifying the defendants

Often, asbestos cases are based on evidence based on facts that are discovered. Asbestos firms have denied for many years that their products could cause harm, but when lawsuits began, documents from the company exposed evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. To win a case a plaintiff must demonstrate that the defendant's product was used at his work site and that he was exposed to it by inhaling dust and that the exposure was a significant cause of his injuries.

Asbestos cases often involve multiple defendants. The method of identifying them differs from a personal injury case. By interviewing family and coworkers members, looking over invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples from the plaintiff's work place and home it is possible to create a database that links employers as well as locations and products. The type of asbestos used - amosite, chrysotile, or crocidolite - is helpful in identifying defendants as each product is made by an individual manufacturer.

Defendants must carefully review these facts, and determine the possible exposure sources. This may include a look at more than 40 years of records from the Social Security, tax, union and other documents of a worker. Because the time between asbestos-related injuries is long, creating an accurate database requires extensive and costly investigation.

Due to the large number of asbestos cases and limited resources of defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This allows defendants to share their resources and reduce duplication of discovery.

Developing a Case

Asbestos lawsuits require extensive research and the examination of many documents. This can be particularly challenging because asbestos exposure often was a long time before the victim became sick. To pinpoint the source of the asbestos exposure, attorneys must conduct interview and carefully review thousands pages of documentation like employment records and union documents as well as tax files, social security records, medical and lab reports.

The lawyers representing the plaintiffs must also do everything they can to locate other defendants. In many instances, the number of defendants can be as high as 30 or 40. To accomplish this, they need to investigate the supply chain to find companies that could have a connection with asbestos, but are not included in the lawsuit.

This process can be very lengthy, especially when the claimant suffers from mesothelioma, or other serious illnesses. It can be difficult to find witnesses and to gather evidence.

A mesothelioma lawyer will determine the potential defendants and their connection to the victim's exposure. This can require a thorough review of over 40 years of the victim's history through interviews as well as a review of their social security, union, labor and tax records.

A successful asbestos lawyer litigation strategy is dependent on a wealth of experience in a complicated area of law. Since its inception at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending companies in multi-jurisdictional litigation that spans the entire industry. We serve as National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive experience formulating and drafting important defenses including expert testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must carefully prepare their cases for trial in order to ensure that their clients' arguments and evidence are the strongest they can be. This includes reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the case. This process can take years in complicated cases.

Many asbestos victims develop a less severe disease such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's development. Asbestosis can cause coughing, chest pain, and breathing difficulties.

Asbestos victims' lawyers must also carefully review the evidence to identify any potential defendants who could be held liable for asbestos-related injuries. This includes speaking with coworkers, family, asbestos lawsuit abatement workers and asbestos manufacturers, as well as getting various documents.

After a lawyer has identified a possible defendant, they must then determine the liability of the party. The defendants may be individuals, corporations or governmental organizations. They must be held responsible for their actions that were negligent.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, these efforts have not been successful due to a number of complex political reasons. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos firms accountable for their behavior.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our lawyers 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 familiar with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including regular, life, sustainer, and President's club members. Members meet 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.