The History Of Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique, but the general process for defending claims involving asbestos is similar. Your lawyer will ask you to conduct depositions of the plaintiff.

The source of asbestos exposure can be numerous, not only one employer or business. This is the reason asbestos cases typically involve multiple defendants.

Find out the source of exposure

The identification of asbestos exposure is an important step in filing an asbestos claim. Often, the attorneys of victims may use medical records to determine the cause of asbestos. This could help victims receive compensation from the companies responsible for asbestos exposure.

Compensation is needed by mesothelioma patients and their families to cover the cost of costly treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma being diagnosed.

Asbestos lawsuits are complicated legal cases, and victims need to know their rights and the way in which the process operates. Attorneys are able to handle a variety of aspects of a case, they are expected to participate in the case. This includes responding to requests for discovery and attending depositions.

Remember that the statutes are limited in New York, and you should seek advice from an asbestos lawyer as soon as you can. If you do not submit your claim within the specified time frame you could be unable to collect on financial compensation.

In  Santa Clara asbestos lawyer , victims were exposed to asbestos-containing products made by various companies. In these cases, victims lawyers may be required to identify the manufacturer of each product, in addition to the employers or contractors who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of dozens of bankruptcy filings by asbestos producers. Many of these companies set up trust funds for asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing the Database

A lawsuit involving mesothelioma or other asbestos-related illnesses is different from any typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and the same expert witnesses.

In order to develop a successful defense in a case involving asbestos attorneys need access to a database that can help identify possible sources of exposure. This involves reviewing the work site, speaking with coworkers and obtaining documents from employers and suppliers. This involves finding and interviewing doctors or nurses who may be able be able to testify about asbestos exposure.

This kind of database is difficult to develop, especially when the data has been lost over time. In these situations it could be necessary to reconstruct a complete insurance program and claims database, using multiple sources, such as loss runs and claim files internal system, as well as defense counsel records. It can take a long time or even decades to complete.

Asbestos lawyers also need access to a software that allows them locate potential exposure sites and to identify potential defendants. This information is at the fingertips of lawyers can save both valuable time and money.

Following the massive bankruptcy of asbestos producers the plaintiffs' lawyers were seeking new defendants to name in their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and lawsuits naming less than 100 defendants is rare.

Identifying Defendants

The truthful basis of asbestos cases is usually established through discovery. Many asbestos companies resisted for years that their products could harm people, but after the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can aid plaintiffs prove that specific defendants products were responsible for their injuries. To win a case, the plaintiff must show that the defendant's product was used at the workplace and that he was exposed to it through inhalation of dust and that the exposure to the dust was a major factor in his injuries.

Because asbestos cases have multiple defendants, the process of identifying defendants is different than the typical personal injury case. Through interviews with coworkers and family members, examining invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's workplace as well as home, it is possible to establish a database that links employers as well as locations and products. It is also a good way to identify defendants if you are aware of the kind of asbestos, like amosite or chrysotile.

Defendants must carefully review the facts and determine any potential sources of exposure, which could involve a thorough review of more than forty years of a worker's existence through Social Security, union, tax and other records. Because the time between asbestos injuries is so long, establishing an accurate database requires extensive and costly discovery.

Due to the huge number of cases and the limited resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to pool resources and to avoid duplication of discovery.

Case Development

Asbestos lawsuits involve extensive investigation and the review of a large number of documents. This can be particularly challenging since exposure to asbestos often was a long time before the victim developed a health issue. To determine the source of asbestos exposure, attorneys must conduct interviews and review thousands pages of documentation like union and employment records as well as tax files, social security files and medical and lab reports.

The lawyers representing the plaintiffs must do all they can to locate additional defendants. In certain cases, there could be up to 40 defendants. To accomplish this, they have to look down the supply chain to look into companies that could have a nexus with asbestos but who are not included in the lawsuit.

This process can be extremely lengthy, especially if a claimant is suffering from mesothelioma, or other serious illnesses. It can be difficult to find witnesses and to gather evidence.

An attorney for mesothelioma will try to identify all defendants and the connection to the victim's exposure. This may be accomplished by a thorough analysis of more than 40 years of the victim's life through interviews as well as a review of their social security, 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 at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending companies in multi-jurisdictional litigation that spans the entire industry. 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 a wealth of experience formulating and establishing crucial defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must meticulously prepare their cases ahead of trial to ensure that their clients can present the strongest arguments and evidence possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying evidence to be used in the case. This process can take lengthy in cases that are complex.

Before developing mesothelioma, many asbestos victims develop a lesser disease like asbestosis, and pleural plaque. Asbestosis symptoms include a tightening of the lungs that could cause breathing problems, coughing and chest pain.

Attorneys representing asbestos victims must also review the evidence to identify potential defendants who might be accountable for the asbestos-related injuries. This involves interviewing co-workers or family members, asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

After a lawyer has identified a defendant, they must determine the liability of that party. The defendants could be businesses, individuals, or government agencies. They must be held accountable for their wrongful actions.

Congress has enacted a number of legislative solutions to settle asbestos lawsuits. However, these initiatives have not been successful due to a variety of complicated political motives. Asbestos victims as well as their lawyers and the government remain determined to hold negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is a law firm that has handled hundreds 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 centralized into five judicial districts where cases are supervised by judges with 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.