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Asbestos Litigation

Every asbestos case is different, but the general procedure for defending against such claims is similar. Your attorney will want to interview the plaintiff.

The source of asbestos exposure could be numerous, not just one employer or company. That's why asbestos cases often involve multiple defendants.

Find out the source of exposure

The identification of asbestos exposure is an important step in filing an asbestos claim. Often, victims' attorneys can use medical records to determine the source of asbestos. This can assist victims in obtaining compensation from the companies that are accountable for asbestos exposure.

Mesothelioma sufferers and their families are entitled to compensation to cover expensive mesothelioma treatments. Compensation can help families cope with the mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal proceedings, and the victims need to understand their rights and the way in which the process operates. While attorneys can handle many aspects of a case, the plaintiffs are expected to take part in their case as well. This includes responding to requests for discovery and attending depositions.

Remember that the statutes of limitations are limited in New York, and you should consult an asbestos attorney as soon as you can. If you fail to submit your claim within the prescribed time frame you could be denied on financial compensation.

In some cases victims have been exposed to asbestos products manufactured by multiple companies. In these cases, lawyers representing the victims will be required to identify all asbestos-containing products as well as 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 dozens of bankruptcy filings by asbestos producers. Many of these companies established trust funds for asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and 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 an Database

A case involving mesothelioma or other asbestos-related diseases differs from a typical personal injury lawsuit. In many cases asbestos litigation, there are a lot of the same defendants (companies who are being sued) and many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses.

To build a strong asbestos defense, attorneys need to have access to an extensive database that can pinpoint potential exposure sources. This includes reviewing the work site, speaking with coworkers, and obtaining documents from employers and suppliers. The process also involves the search for and interviewing doctors and nurses who can testify about asbestos exposure.

This kind of database can be difficult to develop, especially if the data has been lost over time. When this happens it could necessitate the reconstruction of a complete claims database as well as an insurance program, typically from multiple sources like loss runs and claim files, internal systems, and defense counsel records. It could take years, or decades to complete.

Asbestos attorneys should also access a program which lets them identify potential defendants and locate potential exposure sites. Lawyers can save time and money by having this information available to them.

Following the massive bankruptcy of asbestos producers, plaintiffs' lawyers sought new defendants to name in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the number of defendants is paramount, and suits naming fewer than 100 defendants are a rarity.

Identifying defendants

The actual basis of asbestos lawsuits is often established through discovery. Asbestos companies denied for many years that their products could cause harm, but once the lawsuits began, documents from the company revealed evidence of the dangers. These documents can assist plaintiffs prove that a specific defendant' products caused their injuries. To win a lawsuit, a plaintiff has to demonstrate that the defendant's products were used in his workplace, that he inhaled dust from the product, and that this exposure was a major factor in his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different from a typical personal injury case. The key is to develop an inventory of employers locations, products and locations through interviews with co-workers and relatives looking over invoices and work orders, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and work websites. It is also a good way to identify defendants if you are aware of the kind of asbestos, like amosite or chrysotile.

The defendants must be attentive to the facts and determine all possible sources of exposure, which could involve a thorough review of more than forty years of a person's life through Social Security, union, tax and other records. Because the time between asbestos-related injuries is long, creating an accurate database is a lengthy and costly discovery.

Due to the high volume of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and reduce duplication of discovery.

The process of creating a case

Asbestos suits require extensive study and examination of many documents. This can be a challenge since exposure to asbestos often was a long time before the victim developed a health issue. To identify the sources of exposure, lawyers must conduct interviews and carefully review thousands of pages of documentation such as the employment records, union documents tax and social security files, and medical and laboratory reports.

The plaintiffs' attorneys must do all they can to identify other defendants. In some cases, there can be as high as 40 defendants. To do so they must go further down the supply chain and investigate organizations that could have a connection to asbestos, even if they haven't been named in the lawsuit.

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

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

A successful asbestos litigation strategy relies on years of experience in a complicated 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 businesses in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel and liaison counsel as well as managing the interests of many different defendants, including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must meticulously prepare their cases prior to trial to ensure that their clients' evidence and arguments are as strong as they can be. This includes reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used in the trial. This process can take lengthy in cases that are complex.

Before developing mesothelioma, many asbestos patients develop a lesser disease, such as asbestosis or and pleural plaque. Asbestosis symptoms include a tightening of the lungs which could cause breathing problems, coughing, chest pain and so on.

Lawyers for asbestos lawsuit victims must also examine the evidence in order to determine potential defendants who could be held responsible for the asbestos-related injuries. This involves interviewing co-workers, family members, asbestos manufacturers, asbestos abatement workers and obtaining various documents.

Once an attorney has identified a possible defendant, they must determine the liability of the person. The defendants can be businesses, individuals, or government agencies. They are accountable for their actions that were negligent.

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. The efforts have not been successful due to a variety of complicated political factors. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the country. Our lawyers have held asbestos manufacturers insurance companies, asbestos attorney manufacturers, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, which are assigned cases by judges who have experience in asbestos matters.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at Winter and annual conventions.