A Brief History Of Asbestos Litigation History Of Asbestos Litigation

Asbestos Litigation

Every asbestos case is different, but the general procedure for defending against such claims is similar. Your attorney should conduct a deposition with the plaintiff.

The cause of asbestos exposure could be numerous, not only one employer or business. This is the reason asbestos cases usually involve multiple defendants.

Identifying the source of exposure

To submit an asbestos claim it is essential to determine the source of asbestos exposure. Often, attorneys representing victims may use medical records to determine the cause of asbestos. This can help victims receive compensation from the companies responsible for their asbestos exposure.

Mesothelioma victims and their families need compensation to pay for mesothelioma treatments. Compensation can also help families cope with the emotional burden of mesothelioma being diagnosed.

Asbestos lawsuits are complicated legal cases, and victims need to understand their rights and the way in which the process operates. While attorneys can handle a lot of aspects of a case, the victims are expected to be involved in the case too. This includes responding promptly to discovery requests and participating in court depositions.

Remember that the statutes of limitations are restricted in New York, and you must consult an asbestos attorney immediately if you are able to. Failure to file an asbestos claim within the required time frame could result in the loss on financial compensation.

In some instances victims have been exposed to asbestos-containing products produced by several companies. In these instances, victims' attorneys may need to identify the companies that made each product, in addition to the contractors or employers who supplied asbestos-containing materials.

Asbestos litigation is the longest-running mass tort of American history. It has been responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies set up trust funds for asbestos lawyer victims. However asbestos lawyer defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Developing a Database

A lawsuit involving asbestos-related illnesses or mesothelioma differs from a typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies that are being 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 need to be able to access a large database that can identify possible exposure sources. This includes reviewing job sites, talking to coworkers and collecting information from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able to testify regarding asbestos exposure.

The creation of this type of database can be a challenge, especially in cases where the data was lost or destroyed over time. When this occurs it could necessitate the reconstruction of an entire claims database and insurance program, usually from multiple sources such as loss runs and claim files, internal systems and defense counsel records. It could take years, or years, to complete.

Asbestos lawyers should also have access to a program that allows them to find potential exposure areas and identify potential defendants. The information that is available to attorneys can help save time and money.

After the mass bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to name in their lawsuits. In the wake of this, asbestos lawyer cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and lawsuits naming less than 100 defendants is rare.

Identifying the defendants

The factual foundation of asbestos cases is usually established through discovery. Many asbestos companies have denied for many years that their products could harm people, but after the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. In order to win a lawsuit a plaintiff has to demonstrate that the defendant's products were used in the work place, that he breathed in dust from the product and that this exposure was a major factor in his injuries.

Since asbestos cases involve multiple defendants, the process of identifying defendants is different than a typical personal injury case. The key is to build a database linking employers, locations and products through interviews with co-workers and relatives looking over invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's home and workplace sites. It can also help to identify defendants if one knows the kind of asbestos, such as chrysotile or amosite.

The defendants are required to thoroughly examine these facts and determine all possible exposure sources. This may include a look at more than 40 years of records from Social Security, tax, union and other documents of a worker. Because the time between asbestos-related injuries is so long, the creation of an accurate database is a lengthy and costly research.

Due to the huge 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.

Case Development

Asbestos lawsuits involve extensive research and the review of numerous documents. This can be a difficult job, as asbestos exposure often occurs years before the person who suffers from illness. To determine the source of exposure, attorneys must conduct interviews and carefully review hundreds of pages of documentation such as the employment records, union documents, tax and social security files, and medical and laboratory reports.

The attorneys representing the plaintiffs must also do everything they can to identify other defendants. In certain instances, there could be up to 40 defendants. To accomplish this they need to look further down the supply chain and look into entities with a possible nexus to asbestos that have not been named in the litigation.

This process is time-consuming, especially when the plaintiff suffers from mesothelioma, or other serious illnesses. In addition, it can be often difficult to find witnesses and obtain physical evidence.

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

A successful asbestos litigation strategy is dependent on a wealth of experience in a tangled area of law. Since the time we were founded in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos lawsuit (visit the up coming website) litigation and is a leader in the nation in the defense of companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel in representing and coordinating the interests of many different defendants, including manufacturers of products, suppliers, distributors and contractors. We have extensive experience in formulating and drafting key defenses such as expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must meticulously prepare their cases ahead of trial so that their clients are able to present the strongest evidence and arguments possible. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying exhibits that will be used at the trial. This process can take years in cases that are complex.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms include a tightening of the lungs which can cause breathing difficulties, coughing and chest pain.

Attorneys representing asbestos victims must also carefully look over the evidence to identify potential defendants that might be accountable for the asbestos injuries. This includes speaking with family members, coworkers asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and getting various documents.

Once an attorney has identified a defendant, they must then determine the liability of the person. The defendants could be individuals, companies or governmental organizations. They must be held responsible for their negligent acts.

Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these initiatives have failed due to a number of complex political reasons. Asbestos victims along with their lawyers and government remain determined to hold negligent asbestos firms accountable for their actions.

Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the country. Our attorneys have held insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges familiar with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including life, regular, sustainer, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at annual and Winter conventions.