Asbestos Litigation

Each asbestos case is unique however the process for defending claims involving asbestos is similar. Your lawyer will require you to conduct an interview with the plaintiff.

The source of asbestos exposure could be numerous, not just one employer or business. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

Recognizing asbestos exposure is a crucial step in filing an asbestos claim. Often, the attorneys of victims can work with medical records to determine the source of asbestos. This can help victims get compensation from the companies accountable for asbestos exposure.

Mesothelioma patients and their families need compensation to cover expensive mesothelioma treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma diagnosis.

Asbestos cases can be a complicated legal issues. Victims must be aware of their rights and the process. While attorneys can handle a lot of aspects of a case victims are expected to participate in their own case. This includes responding promptly to discovery requests and participating in depositions in court.

Remember that the statutes of limitations are limited in New York, and you should seek advice from an asbestos lawyers lawyer, you could try here, as soon as you can. In the event of not filing an asbestos claim within the proper timeframe could result in the loss on financial compensation.

In some cases victims have been exposed to asbestos-containing products produced by multiple companies. In these cases, victims lawyers may be required to identify the manufacturer of each product, in addition to the contractors or employers who provided the asbestos attorneys-containing materials.

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for dozens of bankruptcy filings by asbestos manufacturers. 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 research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing the Database

A lawsuit involving asbestos-related illnesses or mesothelioma is distinct from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies who are being sued) as well as many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses.

To be able to build a viable defense in an asbestos case, attorneys must have access to a vast database that can pinpoint potential exposure sources. This includes reviewing the work site, speaking with coworkers and getting documents from suppliers and employers. The process also involves finding and interviewing nurses and doctors who can testify about asbestos exposure.

The creation of this type of database can be a challenge, especially in cases where the data has been deleted or lost over time. If this happens, it can necessitate the reconstruction of a complete claims database and insurance program, typically from a variety of sources, including loss runs claims files, internal systems and defense counsel records. It could take years, or years to complete.

Asbestos lawyers also need access to a program that allows them to locate potential exposure sites and identify potential defendants. Attorneys can cut down on time and money by having this information readily available.

After the mass bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and lawsuits that name less than 100 defendants are a rarity.

Identifying defendants

The majority of asbestos cases are based by factual evidence that's later discovered. Asbestos firms have denied for many years that their products could cause harm, but after lawsuits began, documents from the company exposed evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. To win a lawsuit, the plaintiff must prove that the defendant's product were used at his work place, that he breathed in dust from the product and that exposure to the product was a major reason for his injuries.

Because asbestos cases have multiple defendants, the process of identifying defendants is different than a typical personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples collected from the plaintiff's work place and home, it is possible to build an online database that links employers locations, workplaces, and products. It is also a good way to identify defendants if you are aware of the kind of asbestos, such as chrysotile or amosite.

The defendants must be attentive to these facts and pinpoint all possible sources of exposure, which can involve a review of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the latency of asbestos injuries is so long, the creation of an accurate database requires a lot of time and costly investigation.

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

The process of creating a case

Asbestos suits require extensive research and the examination of a variety of documents. This can be a challenge because exposure to asbestos typically occurred years before a victim became sick. To determine the source of asbestos exposure, lawyers must conduct interviews and review thousands pages of documentation including employment records and union documents, tax files and social security records, lab and medical reports.

The plaintiffs' attorneys must also do everything they can to find other defendants. In certain cases, there could be as many as 40 defendants. To achieve this they must go further down the supply chain and research companies that may have a connection to asbestos, but have not been named in the litigation.

This process can be extremely time consuming, especially when a claimant is suffering from mesothelioma and other severe illnesses. In addition, it can be often difficult to locate witnesses and get physical evidence.

A mesothelioma lawyer will establish the identity of all defendants who could be implicated, and their connection to victim's exposure. This can be a thorough analysis of the past 40 years of the victim's life, including interviews and a review their social security, labor, union and tax records.

A successful asbestos litigation strategy is dependent on years of experience in a complex area of law. 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 nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide variety of defendants, including product manufacturers, distributors, and contractors. We have a wealth of experience formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must carefully prepare their cases prior to trial to ensure that their clients can present the strongest arguments and evidence possible. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the trial. This process can take years in complicated cases.

Many asbestos sufferers are diagnosed with a less serious disease like asbestosis, pleural plaque or fibrosis before the development of mesothelioma. Asbestosis can cause chest pain, coughing and breathing problems.

Attorneys representing asbestos victims must also look over the evidence to identify potential defendants that might be accountable for the asbestos injuries. This involves interviewing family members, coworkers, asbestos abatement workers and asbestos manufacturers, and obtaining various documents.

Once an attorney has identified a defendant, they must then determine the liability of that party. The defendants may be individuals, corporations or government agencies. They are accountable for their wrongful actions.

A variety of legislative solutions to end asbestos lawsuit litigation have been formulated in Congress. However, these initiatives have failed due to a number of complex political reasons. Asbestos victims and their lawyers are still committed to holding negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the country. Our attorneys have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts in which cases are assigned to judges that are experienced with asbestos-related issues.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server, at annual and winter conventions as well as in seminars for education on asbestos litigation.