Asbestos Litigation 10 Things I'd Loved To Know Sooner
Asbestos Litigation
Each asbestos case is distinct, but the general process for defending such claims is the same. Your lawyer will need to take a deposition of the plaintiff.
A person's exposure to asbestos can be triggered by numerous sources, not only an employer or a company. This is why asbestos cases usually involve multiple defendants.
Determine the source of exposure
Identifying asbestos exposure is a crucial step in filing an asbestos claim. Often, victims' attorneys can use medical records to determine the cause of asbestos. This could help victims receive compensation from the companies that are responsible for asbestos exposure.
Mesothelioma victims and their families require compensation to pay for mesothelioma treatments. Compensation can also help families cope with the emotional burden of a mesothelioma being diagnosed.
Asbestos cases are a complex legal issues. Victims must be aware of their rights and the procedure. While attorneys are able to handle a variety of aspects of a case, the victims are expected to be involved in their own case. This includes responding to discovery requests and taking depositions.
It is also important to keep in mind that the statutes of limitations in New York are limited, and it is essential to consult an experienced asbestos attorney as soon as possible. Failing to file an asbestos claim within the proper timeframe could result in a denial on financial compensation.
In some instances asbestos-containing products produced by several companies have been used to expose victims. In these cases, victims' attorneys will be required to identify all asbestos-containing products as well as the employers and contractors who supplied the asbestos-containing products.
Asbestos lawsuits are the longest-running mass tort of American history. It has been the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. Vancouver asbestos lawsuits is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making an Database
A mesothelioma lawsuit or other asbestos-related diseases is distinct from a 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.
To build a strong asbestos defense, lawyers have to have access to a vast database that will help them identify potential exposure sources. This includes examining the job site, talking to coworkers, and obtaining documents from suppliers and employers. The process also involves finding and interviewing nurses and doctors who are able to testify about asbestos exposure.
Making this kind of database can be difficult particularly when the data was lost or destroyed over time. When this happens it could require the reconstruction of an entire claims database and insurance program, often from multiple sources such as loss runs claims files, internal systems, and defense counsel records. It could take years, or even years, to complete.
Asbestos lawyers must also have access to a program that allows them to locate potential exposure areas and identify potential defendants. Attorneys can save time and money by having this information at their fingertips.
After the mass bankruptcies of many asbestos manufacturers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and suits that name fewer than 100 defendants are a rarity.
Identifying the Defendants
Most asbestos lawsuits are based on evidence based on facts that are discovered. Many asbestos companies have denied for years that their products could cause harm to people, but when the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that particular products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used in the workplace, and that he inhaled dust from the product, and that the exposure was a major reason for his injuries.
Asbestos cases often involve multiple defendants. The method of identifying them differs from a personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's work place and home it is possible to build an information database that connects employers, locations, and products. It can also help to identify defendants if you know the type of asbestos such as amosite or chrysotile.
Defendants are required to carefully review these facts, and determine the possible exposure sources. This could include a look at more than 40 years of records from Social Security, tax, union, and other records of the worker. Because the time between asbestos-related injuries is so long, establishing an accurate database is a lengthy and costly research.
Because of the large numbers of cases and the limited resources of defendants, many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent duplication of discovery.
Making a Case
Asbestos suits require a lot of investigation and the review of a variety of documents. This can be particularly challenging since exposure to asbestos often occurred years before a victim was diagnosed with a disease. To identify the source of the asbestos exposure, attorneys must conduct interview and carefully review thousands pages of documentation including union and employment records tax files, social security records, medical and laboratory reports.
The plaintiffs' lawyers also must do all they can to identify additional defendants. In many instances, the number of defendants could be as high as 30 or 40. To accomplish this they must go further down the supply chain and research organizations that could have a connection to asbestos, even if they haven't been named in the lawsuit.
This process can be extremely long, particularly if the claimant has mesothelioma or other serious illnesses. It can be difficult to find witnesses and to gather evidence.
A mesothelioma lawyer will identify the potential defendants and their connection to victim's exposure. This can require a thorough review of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, and tax records.
A successful asbestos litigation strategy requires a wealth of knowledge of this complicated area of law. Since its inception in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in defending companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad array of defendants, which includes distributors, manufacturers, and contractors. We have extensive expertise in developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.
Prepare for trial
Lawyers must carefully prepare their cases ahead of trial so that their clients are able to present the strongest arguments and evidence possible. This includes reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used at the trial. This process can take a long time in complex cases.
Many asbestos sufferers are diagnosed with a less serious disease like asbestosis, the pleural plaque or fibrosis, prior to the development of mesothelioma. Asbestosis symptoms can include tightening of the lungs that could cause breathing problems, coughing and chest pain.
Asbestos victims' attorneys must also scrutinize the evidence to determine any potential defendants who could be held responsible for the asbestos injuries. This involves interviewing co-workers and family members, asbestos abatement workers, asbestos manufacturers and obtaining various documents.
Once a defendant is identified as a possible defendant an attorney must determine the legal liability of the defendant. The defendants could be individuals, businesses or government agencies. They are accountable for their actions that were negligent.
A variety of legislative solutions to end asbestos litigation have been proposed in Congress. However, these efforts have not been successful due to a variety of complicated political motives. Asbestos victims and their lawyers are 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 country. Our lawyers have held insurance companies and other responsible entities accountable for their part in asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges that are experienced with asbestos matters.
The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members network 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.