Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending against such claims is the same. Your attorney should take a deposition of the plaintiff.

The exposure of a person to asbestos can be triggered by multiple sources, not just an employer or a company. This is the reason asbestos cases usually involve multiple defendants.

Find out the source of exposure

In order to make an asbestos claim, it is crucial to pinpoint asbestos lawyer exposure. Often, the attorneys of victims may use medical records to determine the cause of asbestos. This can assist victims in obtaining compensation from the companies accountable for asbestos exposure.

Mesothelioma patients and their families need compensation to pay for mesothelioma treatment. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.

Asbestos cases are complex legal issues. Victims must be aware of their rights and the process. While attorneys are able to handle many aspects of a case they are expected to be involved in the proceedings. This includes responding to requests for discovery and attending depositions.

Remember that the statutes are limited in New York, and you should consult an asbestos attorney immediately if you are able to. If you don't submit your claim within the prescribed time frame, you could lose out on financial compensation.

In certain instances, victims were exposed to asbestos-containing products produced by several companies. In these cases, the victims lawyers might need to identify the manufacturer of each product, in addition to the contractors or employers who supplied the asbestos-containing products.

Asbestos litigation has been the longest-running mass tort of American history. It's responsible for dozens bankruptcy filings from asbestos attorneys producers. Many of these companies have created trust funds to compensate asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos attorneys exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite research conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing an Database

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

To be able to build a successful asbestos defense, attorneys need to have access to an extensive database that can pinpoint potential exposure sources. This includes examining the job site, interviewing coworkers and obtaining documents from suppliers and employers. The process also requires tracking down and interviewing nurses and doctors who can testify about asbestos exposure.

Developing this type of database can be difficult, especially in cases where the data was deleted or lost over time. In these cases it is possible to reconstruct an entire insurance program and claims database, using multiple sources including loss runs, claim files, internal system and defense counsel records. It can take a long time or even decades to complete.

Asbestos lawyers should also have access to a software that allows them locate potential exposure sites and identify potential defendants. This information is available to attorneys can save time and money.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys searched for new defendants to their lawsuits. Because of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and suits naming less than 100 defendants is rare.

Identifying Defendants

The majority of asbestos cases are founded on evidence based on facts that are discovered. Asbestos companies have denied for a number of years that their products could cause harm, but once lawsuits started the company's documents exposed evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was utilized at his work site and that he was exposed to it inhaling dust, and that the exposure to the dust was a major cause of his injuries.

Since asbestos cases have multiple defendants, the process of identifying defendants is different from an ordinary personal injury case. The key is to build a database linking employers, locations and products by interviewing co-workers and relatives looking over invoices and work orders and obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and workplace websites. It is also a good way to identify defendants if one knows the kind of asbestos, like amosite or chrysotile.

The defendants are required to thoroughly look over these facts and identify all possible exposure sources. This could include a look at more than 40 years of records from Social Security, tax, union and other records of workers. Due to the long latency of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Due to the huge number of cases and the insufficient resources of many defendants asbestos cases are often transferred to multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to share resources and to avoid duplication of discovery.

Case Development

Asbestos lawsuits involve extensive investigation and the review of many documents. This can be particularly challenging because asbestos exposure often was a long time before the victim developed a health issue. In order to identify the sources of the exposure, lawyers must conduct interviews and carefully look over the thousands of pages of documents like employment records, union documents, social security and tax files, and medical and laboratory reports.

The attorneys representing the plaintiffs have to do everything they can to identify additional defendants. In many instances, the number of defendants could be as high as 30 or 40. To do so they need to look further down the supply chain and investigate entities with a possible nexus to asbestos, even if they haven't been identified in the lawsuit.

This process is time-consuming, especially if the claimant has mesothelioma, or other serious illnesses. In addition, it is often difficult to find witnesses and obtain physical evidence.

A mesothelioma lawyer will establish all potential defendants, and their connection to victim's exposure. This can be a thorough analysis of the last 40 years of a victim's life. This may include interviews and a look at their social security, labor, union and tax records.

A successful asbestos litigation strategy requires a wealth of experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since the time of our establishment at the beginning of 1994. We are also experts in the nation's defense of firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive experience in formulating and drafting important defenses such as expert testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must be careful in preparing 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 preparing all witnesses. It is also about identifying the exhibits that will be used at the trial. This process can take a long time in complicated cases.

Many asbestos victims develop a less severe disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis can cause chest pain, coughing, and breathing problems.

Asbestos victims' lawyers must also examine the evidence to determine any possible defendants who could be held liable for asbestos-related injuries. This may involve interviewing coworkers and family members, asbestos asbestos lawyers manufacturers, asbestos abatement workers and obtaining a variety.

Once a defendant has been identified An attorney must determine the liability of the party. The defendants can be businesses, individuals or government agencies. They must be held responsible for their wrongful actions.

Congress has proposed several legislative solutions to settle asbestos lawsuits. These efforts have not been successful due to a range of complex political factors. Asbestos victims along with their lawyers and government remain determined to hold negligent asbestos companies accountable for their behavior.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout 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 divided 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, Life, Sustaining, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at annual and Winter conventions.