Asbestos Litigation
Each asbestos case is unique, but the general process to defend these claims is the same. Your attorney will want to take a deposition of the plaintiff.
The source of asbestos exposure could be numerous, not only one company or employer. This is why asbestos cases usually involve multiple defendants.
Identifying the source of exposure
The identification of asbestos exposure is an important step in submitting an asbestos claim. Often, attorneys representing victims may use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for asbestos exposure.
Compensation is required by mesothelioma patients as well as their families to pay for the cost of costly treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.
Asbestos cases are complex legal issues. nyc asbestos litigation need to know their rights and the procedure. Attorneys can handle a variety of aspects of a case they are expected to be involved in the proceedings. This includes responding to discovery requests and taking depositions.
Remember that the statutes of limitations are restricted in New York, and you should consult an asbestos attorney immediately if you are able to. If you don't file your claim within the specified time period you could be unable to collect on financial compensation.
In some instances, victims were exposed to asbestos-containing products produced by multiple companies. In these cases, lawyers representing the victims have to determine the source of all asbestos-containing products as well as the contractors and employers who supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies set up trust funds for asbestos victims. However, asbestos defendants continue to challenge evidence linking asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. This is despite studies conducted by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.
Developing the Database
A mesothelioma lawsuit or other asbestos-related diseases is different from any typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies that are being sued), many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.
In order to develop a successful defense in an asbestos-related case, attorneys must have access to a comprehensive database that can help identify potential sources of exposure. This involves reviewing the job site, talking to coworkers, and obtaining documents from employers and suppliers. This involves locating and interviewing nurses or doctors who may be able to provide evidence regarding asbestos exposure.
Making this kind of database can be difficult particularly in situations where the data was lost or destroyed over the course of time. In these instances it could be necessary to recreate a complete insurance program and claims database, using multiple sources including loss runs, claim files, internal system and defense counsel records. It could take years, or years, to complete.
Asbestos lawyers must also access a program which permits them to identify potential defendants and locate potential exposure sites. Attorneys can cut down on time and money by having this information available to them.
Following the massive 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 the number of defendants is paramount, and suits that name fewer than 100 defendants are not common.
Identifying defendants
The majority of asbestos cases are founded on factual evidence that is discovered. Many asbestos companies resisted for decades that their products could cause harm to people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can help plaintiffs prove that specific defendants products caused their injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was in use at his work site, that they were exposed to it inhaling dust and that exposure to the dust was a major reason for his injuries.
Asbestos cases usually involve multiple defendants. The method of identifying them differs from a personal injury case. By interviewing coworkers and family members, looking over invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's workplace and home, it is possible to establish an online database that links employers locations, workplaces, and products. It can also help to identify defendants if one knows the kind of asbestos, like amosite or chrysotile.
Defendants must carefully review these facts and pinpoint all possible sources of exposure. This can involve a review of more than forty years of a person's life through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it can be difficult and expensive to establish an accurate database.
Due to the huge number of cases and the limited resources of defendants asbestos cases are often referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and reduce the duplication of discovery.
Case Development
Asbestos lawsuits involve extensive research and the review of many documents. This can be a challenge since exposure to asbestos often occurred long before the victim was diagnosed with a disease. In order to identify the source of exposure, attorneys must conduct interviews and look over the thousands of pages of documents such as employment records, union documents as well as tax and social security files, and medical and laboratory reports.
The plaintiffs' lawyers also have to do everything they can to identify additional defendants. In many cases, the number defendants can be as high as 30 or 40. To accomplish this, they must look down the supply chain to look into entities that may have a nexus with asbestos, but are not named in the lawsuit.
This process can be very long, particularly if the claimant has mesothelioma or other serious illnesses. It can be difficult to find witnesses and collect physical evidence.
A mesothelioma attorney will work to establish all potential defendants and the connection to the victim's exposure. This can be a thorough analysis of the past 40 years of the victim's life, including interviews and a look at their social security, labor, union and tax records.
A successful asbestos litigation strategy requires extensive knowledge of this complicated area of law. Since its inception back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in the defense of companies in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad range of defendants, including distributors, manufacturers, and contractors. We have extensive expertise in creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.
Prepare for trial
Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they could be. This involves reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used in the trial. This process can take a long time in complex cases.
Many asbestos victims develop a less severe disease like asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis symptoms include tightening of the lungs which can cause breathing difficulties, coughing, and chest pain.
Attorneys for asbestos victims should also examine the evidence in order to identify potential defendants who might be accountable for the asbestos-related harms. This includes speaking with family members, colleagues, asbestos abatement workers and asbestos manufacturers, as well as getting various documents.
Once a defendant is identified as a possible defendant an attorney must determine the responsibility of this party. The defendants could be individuals, companies or governmental agencies. They are accountable for their wrongful actions.
Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. However, these attempts have failed due to a number of complex political reasons. Asbestos victims and their lawyers remain committed to holding 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 manufacturers, insurance companies and other responsible parties accountable for their role in asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts where cases are supervised by judges with experience in asbestos-related matters.
The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members interact and discuss legal issues and strategies on the Group's plaintiff-only list server, at annual and winter conventions and in educational seminars on asbestos litigation.