Asbestos Litigation

Each asbestos case is unique however, the general procedure to defend against such claims is the same. Your lawyer will need to conduct a deposition with the plaintiff.

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

Identifying the source of exposure

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

Mesothelioma patients and their families need compensation to pay for mesothelioma treatments. Compensation can also assist families in dealing with the emotional burdens of mesothelioma diagnosis.

Asbestos cases are a complex legal issues. The victims must be aware of their rights and the process. While attorneys are able to handle a variety of aspects of a case, the victims are expected to be involved in their own 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 a possible. If you don't submit your claim within the stipulated time frame you could be denied on financial compensation.

In some cases asbestos-containing products produced by multiple companies have been used to expose victims. In these cases, victims' attorneys will be required to identify all asbestos-containing products as well as the companies and contractors that supplied the materials.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have created trust funds to pay compensation to asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research conducted by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making the Database

A case involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by same law firms as well as the same expert witnesses.

To build a strong asbestos defense, lawyers have to be able to access a large database that can identify possible exposure sources. This includes examining the job site, interviewing coworkers, and obtaining documents from suppliers and employers. This involves locating and interviewing nurses or doctors who may be able to be able to testify about asbestos attorney exposure.

This kind of database can be difficult to build, particularly when the data has been lost over time. In these situations, it may be necessary to recreate the entire insurance program and claims database using multiple sources, including loss runs, claim files internal system and defense counsel records. It can take years, or decades to complete.

asbestos lawyers (go!!) should also have access to a software that allows them to find potential exposure areas and identify potential defendants. Having this information at the fingertips of lawyers can save both valuable time and money.

Following the massive bankruptcies of many asbestos manufacturers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and lawsuits naming less than 100 defendants is not common.

Identifying the Defendants

Often, asbestos lawsuits are based on factual evidence that is discovered. Asbestos companies denied for many years that their products could cause harm, but once lawsuits began, documents from the company exposed evidence of the dangers. These documents can be used to prove that particular products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was utilized at his workplace, that they were exposed to it through inhalation of dust, and that the exposure was a significant reason for his injuries.

Asbestos cases typically involve several defendants. The process of identifying them is different from a personal injury case. By interviewing coworkers and family members, looking over invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos 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 lawsuit used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants because each product is produced by an individual manufacturer.

The defendants are required to thoroughly review these facts, and determine the possible sources of exposure. This may include a review of over 40 years of records from Social Security, tax, union, and other documents of the worker. Due to the long latency of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Due to the sheer number of cases and the limited resources of defendants, many asbestos cases are referred 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 attorneys suits require extensive investigation and the review of a variety of documents. This can be particularly difficult because exposure to asbestos typically occurred long before the victim was diagnosed with a disease. In order to identify the sources of exposure, lawyers must conduct interviews and review the thousands of pages of documents including employment records, union documents, tax and social security files and medical and laboratory reports.

The lawyers representing the plaintiffs must do their best to identify additional defendants. In certain instances, there could be up to 40 defendants. To do this, they must examine the supply chain to find companies that could have a link to asbestos but who are not included in the lawsuit.

This process is often very long and time-consuming, particularly when a claimant is suffering from mesothelioma and other severe diseases. It is also difficult to locate witnesses and to gather evidence.

A mesothelioma lawyer will determine the potential defendants and their relationship to victim's exposure. This could require a thorough examination of over 40 years of the victim's life through interviews and a review of their social security, union, and tax records.

A successful asbestos litigation strategy relies on years of experience in a tangled area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception at the beginning of 1994. We are also national leaders in defending companies involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel in representing and coordinating the interests of many different defendants, including manufacturers of products, suppliers, distributors and contractors. We have a wealth of experience creating and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers need to carefully prepare their cases before trial so that their clients are able to present the strongest evidence and arguments possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the trial. The process can take years long in complex cases.

Many asbestos sufferers have a less severe illness such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's development. Asbestosis symptoms include tightening of the lungs which can cause breathing difficulties, coughing, and chest pain.

Attorneys representing asbestos victims should also examine the evidence in order to identify potential defendants that could be held responsible for the asbestos-related injuries. This may involve interviewing coworkers or family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety.

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

A variety of legislative solutions to end asbestos litigation have been formulated in Congress. However, these initiatives have not been successful due to a number of complicated political motives. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our attorneys have held asbestos producers, 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 familiar with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including regular, life, sustainer, and President's club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at annual and Winter conventions.