Asbestos Litigation
Each asbestos case is unique however, the general procedure to defend against such claims is similar. Bellingham asbestos lawsuit will want to conduct a deposition with the plaintiff.
The exposure of an individual to asbestos can be triggered by many places, not just an employer or a company. This is why asbestos cases usually involve multiple defendants.
Determining the Source of Exposure
Recognizing asbestos exposure is an important step in filing an asbestos claim. Attorneys for victims can often make use of medical records to determine the source of asbestos. This could help victims receive compensation from the companies responsible for asbestos exposure.
Mesothelioma victims and their families are entitled to compensation to cover expensive mesothelioma treatment. Compensation can help families cope when a mesothelioma diagnosis is announced.
Asbestos cases are a complex legal issues. The victims must be aware of their rights and the process. While attorneys can handle many aspects of a case the plaintiffs are expected to take part in their own case. This includes responding to requests for discovery and taking depositions.
Be aware that the statutes are restricted in New York, and you must consult an asbestos attorney as soon a possible. If you do not file your claim within the prescribed time frame you could be denied on financial compensation.
In some cases asbestos-containing products manufactured by multiple companies have been used to expose victims. In these cases, lawyers representing the victims will have to determine the source of all asbestos-containing products, as well the contractors and employers who supplied the materials.
Asbestos litigation has been the longest-running mass tort in American history. It has been responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have set up trust funds to compensate asbestos victims. But asbestos defendants continue to contest evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.
Making the Database
A lawsuit involving asbestos-related illnesses or mesothelioma differs 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 and many of the same expert witnesses.
In order to develop a strong defense in an asbestos case attorneys need access to a comprehensive database that can help identify potential sources of exposure. This includes examining the job site, interviewing coworkers and getting documents from suppliers and employers. This also involves tracking down and interviewing nurses and doctors who can testify regarding asbestos exposure.
This kind of database is difficult to create, particularly when the data has been lost over time. In these instances, it may be necessary to reconstruct a complete insurance program and claims database, using multiple sources, such as loss runs and claim files internal system and defense counsel records. This could take a number of years or even decades to complete.
Asbestos lawyers also need access to a program that allows them locate potential exposure areas and identify potential defendants. This information is at the fingertips of attorneys can help save time and money.
After the collapse of several asbestos producers, plaintiffs' attorneys sought out 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 rare.
Identifying the Defendants
The factual foundation 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 exposed evidence of the dangers. These documents can assist plaintiffs prove that specific defendants products were responsible for their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was used at his work site and that he was exposed to it by inhaling dust, and that the exposure to the dust was a major factor in his injuries.
Asbestos cases typically involve multiple defendants. The process of identifying them is different from a personal injury lawsuit. The key is to build an information database that links employers, locations and products by speaking with relatives and coworkers, reviewing work orders and invoices as well as documents from vendors and suppliers and analyzing samples from the plaintiff's home as well as work sites. The type of asbestos involved such as amosite, chrysotile or crocidolite - can also be helpful in identifying defendants as each product is made by a different manufacturer.
The defendants must take the time to review the facts and determine the possible sources of exposure, which may require a 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 is a lengthy and costly research.
Due to the huge number of asbestos cases and the limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This allows defendants to share their resources and avoid the duplication of discovery.
Case Development
Asbestos lawsuits require extensive research and the review of many documents. This can be particularly difficult because exposure to asbestos typically occurred long before the victim became sick. To determine the source of asbestos exposure, lawyers must conduct interviews and examine thousands of documents, such as union and employment records, tax files and social security records, medical and laboratory reports.
The plaintiffs' lawyers also must do all they can to find additional defendants. In certain cases, there could be as many as 40 defendants. To achieve this, they need to examine the supply chain to find companies that could have a link to asbestos but who are not included in the lawsuit.
This process can be very lengthy, especially if a claimant is suffering from mesothelioma or other serious diseases. It can be difficult to find witnesses and to gather evidence.
A mesothelioma attorney will work to determine the identity of all defendants and the connection to the victim's exposure. This could be accomplished by a thorough analysis of more than 40 years of the victim's life through interviews, as well as a look at their social security, union, and tax records.
A successful asbestos litigation strategy requires a lot of knowledge of this complicated area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception back in 1994. We are the nationally recognized as leaders in the defense of companies involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad array of defendants, which includes product manufacturers, distributors, and contractors. We have extensive experience in establishing and developing key defenses including expert testimony, jurisdictional Case Management Orders.
Prepare for the trial
Lawyers must carefully prepare their cases prior to trial to ensure that their clients are able to present the strongest evidence and arguments possible. 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 asbestos sufferers develop a less severe disease, such as asbestosis or the pleural plaque or pleural fibrosis. Asbestosis can cause chest pain, coughing and difficulty breathing.
Attorneys for asbestos victims must also examine the evidence in order to determine potential defendants who could be held accountable for the asbestos-related harms. This includes interviewing family members, colleagues asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and getting various documents.
After identifying a potential defendant An attorney must determine the legal liability of this party. The defendants can be businesses, individuals, or government agencies. They must be held responsible for their negligent acts.
A variety of legislative solutions to end asbestos litigation have been suggested in Congress. However, these efforts have not been successful due to a number of complicated political motives. Asbestos victims and their lawyers are determined to hold negligent asbestos companies accountable for their actions.
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 manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts, where cases are assigned to judges that are experienced with asbestos issues.
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.