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Asbestos Litigation

Each asbestos Lawsuit case is unique, but the general procedure to defend against such claims is similar. Your lawyer will ask you to conduct a deposition of the plaintiff.

The cause of asbestos exposure can be many, not just one employer or business. This is why asbestos cases usually involve multiple defendants.

Find out the source of exposure

The identification of asbestos exposure is a crucial step in filing an asbestos claim. Often, the attorneys of victims can use medical documents to determine the source of asbestos. This could help victims receive compensation from companies responsible for their asbestos exposure.

Mesothelioma sufferers and their families need compensation to cover expensive mesothelioma treatment. Compensation can also help families cope with the emotional burden of mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal cases, and victims need to understand their rights and how the process works. Attorneys are able to handle many 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 remember that the statutes of limitations in New York are limited, and it is important to consult an experienced asbestos attorney whenever you can. If you do not submit your claim within the prescribed time period you could be unable to collect on financial compensation.

In some cases victims were exposed to asbestos-containing products produced by multiple companies. In these cases, the victims lawyers may be required to identify the manufacturers of each product, in addition to the contractors or employers who supplied the asbestos lawyer-containing products.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of dozens of bankruptcy filings by asbestos producers. Many of these companies established trust funds for asbestos victims. But asbestos defendants continue to contest evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory diseases. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

The process of creating the Database

A lawsuit involving mesothelioma or other asbestos-related illnesses differs from a typical personal injury case. In a lot of asbestos litigation cases, the plaintiffs are represented by the same law firms as well as the same expert witnesses.

To be able to build a viable defense in an asbestos lawyers case, attorneys must have access to a comprehensive database that can identify potential exposure sources. This includes looking over job sites, talking to coworkers and collecting documents from suppliers and employers. This involves finding and interviewing nurses or doctors who may be able testify regarding asbestos exposure.

Making this kind of database can be challenging, especially in cases where the data was lost or destroyed over time. In these instances, it may be necessary to rebuild the entire insurance program and claims database using multiple sources, including loss runs, claim files, internal system and defense counsel records. This can take years, or even decades, to complete.

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

After the collapse of several asbestos producers, plaintiffs' attorneys searched for new defendants to their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits that name less than 100 defendants is not common.

Identifying the defendants

The majority of asbestos lawsuits are based on evidence based on facts that are discovered. Asbestos companies denied for many years that their products could cause harm, but after lawsuits started documents from the company provided evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was used at his work site, that they were exposed to it inhaling dust and that the exposure was a significant cause of his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. By interviewing coworkers and family members, examining invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples taken from the plaintiff's workplace as well as home it is possible to create an information database that connects employers, locations, and products. The type of asbestos involved - amosite, chrysotile, or crocidolite - is useful in identifying defendants since each product is produced by an individual manufacturer.

Defendants must carefully review these facts, and determine all possible sources of exposure. This can include a thorough review of more than 40 years of records from the Social Security, tax, union, and other records of the worker. Due to the long latency of asbestos-related injuries, it can be difficult and costly to build an accurate database.

Because of the large numbers of cases and limited resources of many defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to pool resources and to avoid duplication of discovery.

Case Development

Asbestos lawsuits require extensive research and the examination of a large number of documents. This can be particularly challenging since exposure to asbestos often occurred years before a victim developed a health issue. To identify the source of asbestos exposure, attorneys must conduct interviews and go through thousands of pages of documents, such as employment records and union documents, tax files and social security files and medical and laboratory reports.

The plaintiffs' attorneys must do all they can to find other defendants. In many cases, the number defendants can be as high as 30 or 40. To accomplish this they must go further down the supply chain and investigate entities with a possible nexus to asbestos that have not been named in the lawsuit.

This process can be extremely lengthy, especially when the plaintiff suffers from mesothelioma or other serious illnesses. It is also difficult to find witnesses and gather physical evidence.

A mesothelioma attorney will work to establish all potential defendants and the connection to the victim's exposure. This could include a thorough examination of the last 40 years of a victim's life, which may include interviews as well as a review of their social security, labor, union and tax records.

A successful asbestos litigation strategy requires extensive experience in this complex area of law. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in defending companies in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel and liaison counsel in representing and managing the interests of many different defendants, including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience creating and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must be careful in preparing their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they can be. This involves reviewing medical records and preparing all witnesses. It also involves identifying the exhibits that will be used during the trial. This process can take years in complex cases.

Many asbestos patients are diagnosed with a less serious disease such as asbestosis, pleural plaque or fibrosis before the development of mesothelioma. Asbestosis can cause chest pain, coughing, and difficulty breathing.

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

Once an attorney has identified a possible defendant, they must then determine the liability of the party. The defendants could be individuals, businesses or government agencies. They must be held accountable for their wrongful actions.

Congress has proposed several legislative solutions to settle asbestos lawsuits. These efforts haven't been successful due to a variety of complicated political factors. Asbestos victims as well as their lawyers and the government remain committed to holding negligent asbestos companies accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our lawyers have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges that are experienced with asbestos lawyers issues.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members meet and discuss legal issues and strategies on the group's plaintiff-only list server at the annual and winter conventions, and participate in educational seminars on asbestos litigation.