10 Untrue Answers To Common Asbestos Litigation Questions Do You Know The Right Answers?
Asbestos Litigation
Each asbestos case is distinct however the process to defend these claims is similar. Your attorney will want to conduct a deposition with the plaintiff.
The source of asbestos exposure could be many, not just one company or employer. That's why asbestos cases often involve multiple defendants.
Find out the source of exposure
Identifying asbestos exposure is a crucial step to file an asbestos claim. Often, victims' attorneys may use medical documents to determine the source of asbestos. This can assist victims in obtaining compensation from companies accountable for asbestos exposure.
Mesothelioma patients and their families require compensation to cover expensive mesothelioma-related treatment. Compensation can also help families cope with the emotional burdens of mesothelioma being diagnosed.
Asbestos lawsuits can be a complicated legal cases, and victims need to understand their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case victims are expected to participate in their case as well. This includes responding promptly to discovery requests and participating in court depositions.
It is also important to keep in mind that the statutes of limitations in New York are limited, and it is important to consult an experienced asbestos attorney whenever you can. Failing to file a claim within the appropriate time frame could result in a denial on financial compensation.
In some instances, victims were exposed to asbestos-containing products produced by various companies. In such cases, the victims' attorneys will need to identify all the asbestos-containing products as well as the contractors and employers who supplied the materials.
Asbestos litigation is the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings filed by asbestos producers. Many of these companies have created trust funds to compensate asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
The process of creating the Database
A mesothelioma lawsuit or other asbestos-related illnesses is different from any typical personal injury lawsuit. In many cases asbestos litigation, there are a lot of the same defendants (companies that are being sued) and many of the same law firms that represent plaintiffs and many of the same expert witnesses.
To be able to build a successful asbestos defense, lawyers have to be able to access a large database that can pinpoint potential exposure sources. This involves reviewing job sites, talking to coworkers and collecting documents from suppliers and employers. This also involves tracking down and interviewing doctors and nurses who are able to testify about asbestos exposure.
The creation of this type of database can be a challenge particularly when the data has been deleted or lost over time. In these cases it could be necessary to recreate an entire insurance program and claims database making use of multiple sources, such as loss runs and claim files internal system, as well as defense counsel records. It can take years, or even years to complete.
Asbestos lawyers must also have access to a program that allows them to locate potential exposure sites and to identify potential defendants. Attorneys can cut down on time and money by having this information available to them.
After the collapse of several asbestos producers, plaintiffs' attorneys looked for new defendants for their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the volume is paramount and suits naming fewer than 100 defendants are a rarity.
Identifying the Defendants
The factual foundation of asbestos cases is usually established through discovery. Asbestos companies denied for many years that their products could cause harm, but after the lawsuits began the company's documents revealed evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. To win a case, the plaintiff must prove that the defendant's product was utilized at his workplace, that the worker was exposed to it through inhalation of dust, and that the exposure was a significant reason for his injuries.
Asbestos cases typically involve several defendants. The process of identifying them is different from a personal injury lawsuit. By interviewing family and coworkers members, examining invoices and work orders, getting documents from suppliers and vendors, and analyzing asbestos samples collected from the plaintiff's workplace and home, it is possible to create an information database that connects employers as well as locations and products. It can also help to identify defendants if one knows the type of asbestos, such as amosite or chrysotile.
Defendants must carefully review these facts and identify any potential sources of exposure. This may require a review of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the time between asbestos-related injuries is so long, establishing an accurate database requires extensive and costly research.
Due to the sheer number of cases and limited resources of defendants, many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and avoid the duplication of discovery.
The process of creating a case
Asbestos lawsuits involve extensive investigation and the review of many documents. This can be a difficult job, as asbestos exposure is often a long time before the person who suffers from illness. In order to identify the sources of exposure, lawyers must conduct interviews and go through hundreds of pages of documentation such as union documents, employment records social security and tax records, and medical and laboratory reports.
The attorneys representing the plaintiffs must do all they can to find other defendants. In certain instances, there could be as many as 40 defendants. To achieve this, they have to look down the supply chain to look into companies that could have a connection with asbestos, but aren't included in the lawsuit.
This process is time-consuming, especially if the claimant has mesothelioma or any other serious illness. It can be difficult to find witnesses and gather physical evidence.
A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their connection to the victim's exposure. This can include a thorough examination of the past 40 years of the victim's life, which may include interviews and a look at their social security as well as labor, union, and tax records.
A successful asbestos litigation strategy depends on years of experience in a complicated area of law. Since its inception back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in the defense of companies in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad variety of defendants, including distributors, manufacturers and contractors. We have extensive experience in creating and implementing important defenses, expert testimony and jurisdictional Case Management Orders.
Prepare for Trial
Lawyers must carefully prepare their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they could be. This includes reviewing medical records, gathering all witnesses and identifying evidence to be used in the trial. This process can take a long time in cases that are complex.
Many asbestos patients have a less severe illness such as asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's onset. Asbestosis symptoms include a tightening of the lungs which could cause breathing problems, coughing and chest pain.
Asbestos victims' lawyers must also carefully review the evidence to find potential defendants who could be held responsible for asbestos-related injuries. Bellflower asbestos lawsuit may involve interviewing coworkers, family members, asbestos manufacturers, asbestos abatement employees and obtaining various documents.
After a lawyer has identified a potential defendant, they must then determine the liability of that person. The defendants could be individuals, corporations or government agencies. They must be held accountable for their negligent actions.
Congress has proposed several legislative solutions to settle asbestos lawsuits. However, these initiatives have failed due to a number of complicated political motives. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their conduct.
The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our attorneys have held asbestos producers, 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 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 also at annual and Winter conventions.