4 Dirty Little Secrets About Asbestos Litigation And The Asbestos Litigation Industry
Asbestos Litigation
Every asbestos case is different, but the general procedure for defending against such claims is the same. Your lawyer will ask you to conduct depositions of the plaintiff.
The cause of asbestos exposure can be numerous, not only one employer or company. This is why asbestos cases typically involve multiple defendants.
Identifying the source of exposure
To file an asbestos claim, it is essential to determine the source of asbestos exposure. Lawyers representing victims typically use medical records to determine asbestos' source. This can help victims get compensation from companies responsible for their asbestos lawyer exposure.
Mesothelioma patients and their families are entitled to compensation to pay for mesothelioma-related treatment. Compensation can also help families cope with the emotional burden of a mesothelioma being diagnosed.
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 are able to handle a variety of aspects of a case, they are expected to participate in the proceedings. This includes responding promptly to discovery requests and participating in depositions in court.
Be aware that the statutes are limited in New York, and you should consult an asbestos attorney as soon as you can. If you do not submit your claim within the specified timeframe you could be unable to collect on financial compensation.
In some cases asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, the victims' attorneys may need to identify the manufacturers of each product, as well as the employers or contractors who supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue to dispute evidence linking asbestos lawyer exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite research conducted by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.
The process of creating an Database
A lawsuit involving asbestos-related illnesses or mesothelioma is different than a typical personal injury lawsuit. In many cases asbestos litigation, there are many of the same defendants (companies who 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 be able to build a successful asbestos defense, attorneys need to have access to a vast database that can identify possible exposure sources. This includes reviewing the job site, interviewing coworkers and getting documents from employers and suppliers. This involves finding and interviewing nurses or doctors who may be able testify regarding asbestos exposure.
This type of database is difficult to build, particularly when the data has been lost over time. When this happens it could require the reconstruction of an entire claims database and insurance program, often 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 find potential exposure sites and identify potential defendants. The information that is at the fingertips of lawyers can save both valuable time and money.
Following the massive bankruptcy of many asbestos manufacturers 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 naming fewer than 100 defendants are a rarity.
Identifying Defendants
The factual foundation of asbestos lawsuit - kaae-cross.mdwrite.Net, cases is often established through discovery. Many asbestos companies resisted for years that their products could harm people, but when lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was in use at the workplace, that the worker was exposed to it inhaling dust and that exposure to the dust was a major factor in his injuries.
Because asbestos cases involve multiple defendants, the process of identifying defendants is different from the typical personal injury case. The key is to develop an inventory of employers locations, products and locations by interviewing co-workers and relatives, reviewing work orders and invoices, obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and employment sites. The type of asbestos used - amosite, chrysotile or crocidolite - can also be useful in identifying defendants since each product is produced by the same manufacturer.
Defendants are required to carefully review these facts, and determine all possible exposure sources. This could include a review of over 40 years of records from Social Security, tax, union, and other documents of a worker. Because the time lag for asbestos-related injuries is long, the creation of an accurate database is a lengthy and costly discovery.
Due to the huge number of asbestos cases and the limited resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This gives defendants the opportunity to share resources and avoid duplication of discovery.
Developing a Case
Asbestos lawsuits involve extensive research and the examination of many documents. This can be particularly challenging since exposure to asbestos often occurred long before the victim became sick. In order to identify the sources of the exposure, lawyers need to conduct interviews and review the thousands of pages of documents like union documents, employment records as well as social security and tax records, and medical and laboratory reports.
The plaintiffs' lawyers also must do all they can to identify additional defendants. In certain cases, there could be up to 40 defendants. To do so, they must look further down the supply chain and investigate entities with a possible nexus to asbestos, but have not been identified in the lawsuit.
This process is time-consuming, especially if the claimant has mesothelioma or any other serious illness. It can be difficult to find witnesses and collect physical evidence.
A mesothelioma attorney will work to identify all defendants and their connections to the victim's exposure. This can include a thorough examination of the past 40 years of the victim's life, including interviews and a look at their social security and union, as well as tax records.
A successful asbestos litigation strategy depends on extensive experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our founding in 1994 and are experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants including product manufacturers, suppliers, distributors and contractors. We have extensive experience in formulating and drafting key defenses including expert testimony, jurisdictional Case Management Orders.
Prepare for the trial
Lawyers must carefully prepare their cases before trial so that their clients are able to present the strongest arguments and evidence possible. This includes reviewing medical records, gathering all witnesses and identifying exhibits to be used in the trial. This can take a lot of time in cases that are complex.
Many asbestos victims develop a less severe disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's onset. Asbestosis symptoms include tightening of the lungs that may cause difficulty breathing, coughing and chest pain.
Asbestos victims' attorneys must also examine the evidence to find potential defendants that could be held liable for asbestos-related injuries. This includes interviewing coworkers, family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents.
After a lawyer has identified a defendant, they must then determine the liability of that party. The defendants could be individuals, businesses or government agencies. They must be held responsible for their negligent acts.
Congress has proposed several legislative remedies to resolve asbestos lawsuits. However, these efforts have failed due to a variety of political issues. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their conduct.
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 as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are assigned by judges who have expertise in asbestos matters.
The Asbestos Litigation Group welcomes all AAJ members, including regular, life, sustainer, and President's club members. Members of the asbestos attorney Litigation Group network and discuss legal issues strategies, as well as at winter and annual conventions.