"Ask Me Anything": Ten Responses To Your Questions About Asbestos Litigation
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Asbestos Litigation
Each asbestos case is unique however the general procedure to defend against claims based on asbestos is the same. Your lawyer will ask you to conduct depositions of the plaintiff.
The exposure of a person to asbestos can come from multiple sources, not just a single employer or company. That's why asbestos cases often involve multiple defendants.
Find out the source of exposure
The identification of asbestos exposure is a crucial step in submitting an asbestos lawsuit claim. Often, victims' attorneys may use medical records to determine the source of asbestos. This can help victims get compensation from the companies accountable for asbestos exposure.
Mesothelioma sufferers and their families need compensation to pay for mesothelioma treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced.
Asbestos lawsuits are complex legal proceedings, and the 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 be involved in the proceedings. This includes responding promptly to discovery requests and attending court depositions.
It is also important to keep in mind that the statutes of limitations in New York are limited, and it is essential to speak with an experienced asbestos lawyer whenever you can. If you fail to submit your claim within the prescribed time period, you could lose out on financial compensation.
In a few instances asbestos-containing products manufactured by several companies have been used to expose victims. In these instances, victims' attorneys will have to determine the source of all asbestos-containing products, as well the contractors and employers who supplied the materials.
Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for dozens of bankruptcy filings by asbestos producers. Many of these companies have created trust funds to pay compensation to asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.
Developing the Database
A lawsuit involving asbestos-related illnesses or mesothelioma is distinct from a typical personal injury lawsuit. In many cases asbestos attorneys litigation, there are a lot 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 strong defense in an asbestos case attorneys need access to a comprehensive database that can help identify potential sources of exposure. This involves reviewing the websites of employers, speaking with coworkers and getting documents from suppliers and employers. This also involves finding and interviewing doctors and nurses who can testify regarding asbestos exposure.
This kind of database is difficult to build, particularly in the event that the data was lost over time. When this happens, it can necessitate the reconstruction of an entire claims database and insurance program, usually from a variety of sources, including loss runs, claim files, internal systems and defense counsel records. It can take years, or even years to complete.
Asbestos lawyers must also access to a program that permits them to identify potential defendants and locate potential exposure sites. Attorneys can save time and money by having this information available to them.
After the collapse of several asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king 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 lawsuit firms have denied for many years that their products could cause harm, but once lawsuits began the company's documents provided evidence of the dangers. These documents can help plaintiffs prove that specific defendants' products caused their injuries. In order to win a lawsuit the plaintiff must prove that the defendant's product were used in the workplace, that he inhaled dust from the product, and that exposure to the product was a major reason for his injuries.
Since asbestos cases have multiple defendants, the process of identifying defendants is different from a typical personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, obtaining documents from suppliers and vendors, and analyzing asbestos samples collected from the plaintiff's workplace and home, it is possible to create an online database that links employers locations, workplaces, and products. The type of asbestos used - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants because each product is made by an individual manufacturer.
The defendants are required to thoroughly review these facts, and determine all possible exposure sources. This can include a look at more than 40 years of records from the Social Security, tax, union and other records of a worker. Because the time lag for asbestos-related injuries is so long, the creation of an accurate database requires extensive and costly research.
Due to the high volume of asbestos cases and limited resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants the opportunity to pool resources and avoid duplication of discovery.
Developing a Case
Asbestos lawsuits require extensive research and the examination of many documents. This can be particularly difficult because exposure to asbestos typically occurred long before the victim developed a health issue. To determine the source of the asbestos exposure, lawyers must conduct an interview and go through thousands of pages of documents including employment records and union documents as well as tax files, social security files, lab and medical reports.
The lawyers representing the plaintiffs must do all they can to identify other defendants. In some cases, there can be as high as 40 defendants. To do so they need to look further down the supply chain and look into companies that may have a connection to asbestos, even if they haven't been identified in the lawsuit.
This process is lengthy, especially when the claimant suffers from mesothelioma, or other serious illnesses. In addition, it is often difficult to locate witnesses and get physical evidence.
A mesothelioma lawyer will identify the potential defendants and their connection to victim's exposure. This could include a thorough examination of the past 40 years of a victim's life, which may include interviews and a review their social security, labor, union and tax records.
A successful asbestos litigation strategy depends on years of experience in a tangled area of law. Since its inception back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in the defense of companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide range of defendants, including distributors, manufacturers, and contractors. We have a wealth of experience developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.
Preparing for trial
Lawyers must be careful in preparing their cases for trial to ensure that their clients' arguments and evidence are the strongest they can be. This involves reviewing medical records and prepping all witnesses. It is also about identifying the exhibits that will be used at the trial. This process can be years long in complex cases.
Many asbestos victims have a less severe illness such as asbestosis, pleural plaque or fibrosis before the development of mesothelioma. Asbestosis can cause chest pain, coughing, and difficulty breathing.
Attorneys for asbestos victims must also review the evidence to determine potential defendants who might be accountable for the asbestos-related harms. This includes interviewing family members, colleagues, asbestos abatement workers and asbestos manufacturers, and obtaining various documents.
Once a defendant is identified as a possible defendant An attorney must determine the legal liability of the party. The defendants can be businesses, individuals or government agencies. They are accountable for their actions that were negligent.
Congress has offered a variety of legislative solutions to settle asbestos lawsuits. These efforts have not been successful due to a variety of complex political factors. Asbestos victims as well as their lawyers and the government are determined to hold asbestos companies accountable for their conduct.
Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the nation. Our attorneys have held manufacturers, insurance companies and other responsible parties accountable for their role in the 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 issues.
The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, 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 participate in educational seminars on asbestos litigation.
