5 Laws Anybody Working In Asbestos Litigation Should Be Aware Of
Asbestos Litigation
Each asbestos case is unique, but the general procedure for defending against such claims is similar. Your lawyer will need to interview the plaintiff.
A person's exposure to asbestos can be triggered by multiple sources, not just a single employer or company. This is why asbestos cases typically involve multiple defendants.
Determine the source of exposure
Identifying asbestos exposure is an important step in submitting an asbestos claim. Lawyers for victims often make use of medical records to determine the source of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure.
Mesothelioma sufferers and their families are entitled to compensation to pay for mesothelioma treatments. Compensation can assist families in dealing with emotional stress with the mesothelioma diagnosis.
Asbestos cases are a complex legal cases. Victims must be aware of their rights and the procedure. While 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.
Remember that the statutes are limited in New York, and you must consult an asbestos attorney immediately if you are able to. In the event of not filing a claim within the appropriate time frame could result in missing out on financial compensation.
In some instances, asbestos products made by multiple companies have been used to expose victims. In these instances, lawyers representing the victims be required to identify all asbestos-containing products, as well the companies and contractors that supplied the asbestos-containing products.
Asbestos litigation is the longest-running mass tort in American history. It has been responsible for hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
Developing the Database
A mesothelioma lawsuit or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In a lot of asbestos litigation cases, plaintiffs are represented by the same law firms as well as the same expert witnesses.
To be able to build a successful asbestos defense, lawyers need to have access to an extensive database that can identify possible exposure sources. This includes looking over the websites of employers, speaking with coworkers and collecting documents from suppliers and employers. This involves finding and interviewing nurses or doctors who may be able be able to testify about asbestos exposure.
Developing this type of database can be challenging particularly when the data was lost or destroyed over time. In these situations it could be necessary to rebuild an entire insurance program and claims database, using multiple sources including loss runs, claim files internal system and defense counsel records. It can take a long time or even decades to complete.
Asbestos attorneys must also have access a program which allows them to identify potential defendants and potential exposure sites. This information is available to attorneys can help save time and money.
After the mass bankruptcies of asbestos producers attorneys for plaintiffs sought new defendants to name in their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and lawsuits that name less than 100 defendants are not common.
Identifying the Defendants
The majority of asbestos cases are founded on evidence based on facts that are discovered. Many asbestos companies have denied for decades that their products could cause harm to people, but once lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can be used to prove that particular products of the defendants caused injuries. To win a case the plaintiff must prove that the defendant's product was used at his workplace, that they were exposed to it by inhaling dust, and that the exposure was a significant reason for his injuries.
Because asbestos cases contain multiple defendants, the process of identifying defendants is different from a typical personal injury case. By interviewing family and coworkers members, examining invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples collected from the plaintiff's work place and home, it is possible to build an online database that links employers, locations, and products. It is also a good way to identify defendants if you are aware of the type of asbestos like amosite or chrysotile.
The defendants must take the time to review the facts and determine all possible sources of exposure. This could involve a thorough review of more than 40 years of a person's life through Social Security, union, tax and other records. Because the latency of asbestos injuries is so long, the creation of an accurate database is a lengthy and costly investigation.
Due to the sheer number of cases and limited resources of many defendants Many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to share resources and also avoid duplicate discovery.
The process of creating a case
Asbestos lawsuits require a lot of investigation and the review of numerous documents. This can be a particularly difficult job, as asbestos exposure often occurs years before a person is diagnosed with a disease. To determine the source of the asbestos exposure, lawyers must conduct an interview and review thousands pages of documentation like employment records and union documents, tax files and social security records, medical and lab reports.
The attorneys representing the plaintiffs must also do everything they can to identify other defendants. In some cases, there can be as high as 40 defendants. To accomplish this, they have to 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 extremely long, particularly when the claimant suffers from mesothelioma, or other serious illnesses. In addition, it can be often difficult to find witnesses and get physical evidence.
A mesothelioma lawyer will attempt to determine the identity of all defendants and their connections to the victim's exposure. This could include a thorough examination of the last 40 years of the victim's life. This may include interviews and a review their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy requires a wealth of experience in this tangled area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional, industry-wide litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide variety of defendants, including distributors, manufacturers and contractors. We have a wealth of experience establishing and developing crucial defenses such as expert testimony and jurisdictional Case Management Orders.
Prepare for trial
Lawyers must carefully prepare their cases ahead of trial to ensure that their clients are able to present the strongest evidence and arguments possible. This includes reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used during the trial. This process can take a long time in complex cases.
Many asbestos sufferers develop a less severe disease such as asbestosis, the pleural plaque or fibrosis, prior to the development of mesothelioma. Asbestosis symptoms include a tightening of the lungs that may cause difficulty breathing, coughing and chest pain.
Asbestos victims' lawyers must also carefully review the evidence to find potential defendants who could be held liable for the asbestos injuries. Aurora asbestos attorneys may involve interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents.
After identifying a potential defendant, an attorney must determine the legal liability of the party. The defendants could be businesses, individuals or government agencies. They must be held accountable for their actions.
Congress has offered a variety of legislative remedies to resolve 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 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 nation. Our attorneys have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges who are familiar with asbestos issues.
The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, 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 in educational seminars on asbestos litigation.