15 Up-And-Coming Trends About Asbestos Litigation
Asbestos Litigation
Each asbestos case is unique, but the general procedure for defending against such claims is the same. Your attorney will want to take a deposition of the plaintiff.
The exposure of a person to asbestos can be triggered by many places, not just a single employer or company. That's why asbestos cases often involve multiple defendants.
Determining the Source of Exposure
Recognizing asbestos exposure is a crucial step to file an asbestos claim. Lawyers representing victims typically utilize medical records to determine the source of asbestos. This can help victims receive compensation from the companies responsible for their asbestos exposure.
Compensation is essential for mesothelioma patients and their families to pay for the cost of costly treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma diagnosis.
Asbestos lawsuits are complicated legal proceedings, and the victims must be aware of their rights and the way in which the process operates. While attorneys are able to handle many aspects of a case they are expected to participate in the case. This includes responding promptly to discovery requests and participating in depositions in court.
Remember that the statutes are restricted in New York, and you should seek advice from an asbestos Lawyer (Posteezy.com) immediately if you are able to. If you do not file your claim within the stipulated time frame you could be denied on financial compensation.
In some instances, victims were exposed to asbestos-containing products produced by multiple companies. In such cases, the victims' attorneys will be required to identify all asbestos-containing products as well as the employers and contractors who supplied the materials.
Asbestos litigation is the longest-running mass tort of American history. It is the cause of numerous bankruptcy filings from asbestos producers. Many of these companies have established trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. 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 distinct from a typical personal injury lawsuit. In many cases asbestos litigation, there are a lot of the same defendants (companies that are being sued) as well as many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.
To build a strong asbestos defense, attorneys need to be able to access a large database that will help them identify potential exposure sources. This includes examining the job site, interviewing coworkers, and obtaining documents from employers and suppliers. This also involves finding and interviewing doctors and nurses who can testify regarding asbestos exposure.
The creation of this type of database can be a challenge particularly when the data was lost or destroyed over time. When this occurs it could require the reconstruction of an entire claims database and insurance program, typically from multiple sources like loss runs claims files, internal systems and defense counsel records. This can take years, or years, to complete.
Asbestos lawyers also need access to a program that allows them to locate potential exposure sites and to identify potential defendants. Attorneys can save time and money by having this information available to them.
After the bankruptcy of many asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where volume reigns supreme and lawsuits that name less than 100 defendants are a rarity.
Identifying the defendants
The truthful basis of asbestos cases is usually established through discovery. Asbestos companies denied for many years that their products could cause harm, but after lawsuits started documents from the company revealed evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was in use at his work site, that they were exposed to it by inhaling dust, and that the exposure was a significant cause of his injuries.
Asbestos cases typically involve multiple defendants. The method of identifying them is different from a personal injury case. By interviewing family and coworkers members, examining invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos attorneys samples collected from the plaintiff's workplace as well as home, it is possible to establish an information database that connects employers, locations, and products. The type of asbestos involved - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants as each product is produced by the same manufacturer.
Defendants are required to carefully review these facts, and identify all possible sources of exposure. This may include a review of over 40 years of records from Social Security, tax, union, and other records of a worker. Due to the lengthy latency of asbestos-related injuries, it can be difficult and costly to build an accurate database.
Due to the large number of asbestos cases and the limited resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants the opportunity to share resources and also avoid duplicate discovery.
Making a Case
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 victim becomes ill. To pinpoint the source of asbestos exposure, lawyers must conduct interviews and go through thousands of pages of documents including employment records and union documents tax files, social security files, lab and medical reports.
The lawyers representing the plaintiffs have to do everything they can to identify additional defendants. In certain cases, there could be up to 40 defendants. To do so, they must look further down the supply chain and research companies that may have a connection to asbestos that have not been named in the lawsuit.
This process is long, particularly if the claimant has mesothelioma or other serious illnesses. Additionally, it is often difficult to find witnesses and get physical evidence.
A mesothelioma lawyer will attempt to establish all potential defendants and their connection to the victim's exposure. This could be a thorough analysis of the last 40 years of a 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 complex area of law. Since the time we were founded back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in the defense of companies in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive experience in creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.
Preparing for the Trial
Lawyers must meticulously prepare their cases for trial to ensure that their clients' arguments and evidence are the strongest they can be. This includes reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the trial. This process can take a long time in complex cases.
Before developing mesothelioma, many asbestos sufferers develop a less severe disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis can cause chest pain, coughing, and breathing problems.
asbestos lawsuit victims' lawyers must also examine the evidence to identify any potential defendants who could be held accountable for the asbestos-related injuries. This includes interviewing family members, coworkers asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and obtaining various documents.
Once a defendant is identified as a possible defendant, an attorney must determine the legal liability of the defendant. The defendants may be individuals, corporations or governmental organizations. They are accountable for their negligent actions.
Several legislative remedies to resolve asbestos litigation have been formulated in Congress. However, these initiatives have failed due to a variety of complicated political motives. Asbestos victims and their lawyers remain committed to holding negligent asbestos companies accountable for their actions.
Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. Our attorneys have held manufacturers, insurance companies, and other responsible parties accountable for their involvement in asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts which are assigned cases by judges who have expertise in asbestos cases.
The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server during the annual and winter conventions as well as in seminars for education on asbestos litigation.
