Asbestos Litigation

Every asbestos case is different however the general procedure for defending against such claims is similar. Your attorney should conduct a deposition with the plaintiff.

The exposure of an individual to asbestos can be triggered by numerous sources, not only one employer or company. This is why asbestos cases typically involve multiple defendants.

Determining the Source of Exposure

To submit an asbestos claim it is essential to determine the source of asbestos exposure. Attorneys for victims can often use medical records to determine the source of asbestos. This could help victims receive compensation from the companies responsible for their asbestos litigation group exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can also help families cope with the emotional burdens of mesothelioma being diagnosed.

asbestos law and litigation lawsuits are complicated legal proceedings, and the victims must be aware of their rights and the way in which the process operates. While attorneys can handle a lot of aspects of a case the plaintiffs are expected to take part in their own case. This includes responding to discovery requests and taking depositions.

It is also important to remember that the statutes of limitations in New York are limited, and it is essential to seek out an experienced asbestos attorney as soon as possible. If you do not submit your claim within the stipulated time period, you could lose out on financial compensation.

In some instances, asbestos products made by multiple companies have been used to expose victims. In these cases, the victims lawyers might need to identify the companies that made each product, as well as the contractors or employers who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of numerous bankruptcy filings filed by asbestos litigation paralegal manufacturers. Many of these companies have created trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

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

To build a viable defense in a case involving asbestos defense litigation attorneys need access to a comprehensive database that can pinpoint potential sources of exposure. This involves reviewing the work site, speaking with coworkers and getting documents from employers and suppliers. The process also requires tracking down and interviewing doctors and nurses who can testify about asbestos exposure.

Making this kind of database can be challenging particularly when the data has been deleted or lost over time. When this occurs it could require the reconstruction of a complete claims database as well as an insurance program, often from multiple sources such as loss runs, claim files, internal systems, and defense counsel records. It can take years, or years, to complete.

Asbestos lawyers must also access to a software that lets them identify potential defendants and potential exposure sites. Lawyers can save time and money by having this information readily available.

Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and suits naming less than 100 defendants is a rarity.

Identifying the Defendants

The actual basis of asbestos cases is usually established through discovery. Many asbestos companies have denied for many years that their products could harm people, but once the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To win a case a plaintiff must demonstrate that the defendant's product was in use at his workplace and that he was exposed to it through inhalation of dust and that the exposure to the dust was a major cause of his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different than the typical personal injury case. By interviewing coworkers and family members, examining invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples from the plaintiff's workplace and home it is possible to establish an online database that links employers, locations, and products. It is also a good way to identify defendants if one knows the type of asbestos like amosite or chrysotile.

The defendants must take the time to review the facts and determine any potential sources of exposure. This could involve a thorough examination of more than 40 years of a worker's existence through Social Security, union, tax and other documents. Because the time between asbestos-related injuries is so long, the creation of an accurate database requires a lot of time and costly investigation.

Due to the large number of asbestos cases and the limited resources of many defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants to share resources and to avoid duplication of discovery.

Case Development

Asbestos lawsuits require a lot of research and the review of a large number of documents. This can be a difficult task, since asbestos exposure is often a long time before the victim becomes ill. To identify the source of the asbestos exposure, attorneys must conduct interviews and review thousands pages of documentation, such as union and employment records tax files, social security records, medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to locate other defendants. In some cases, there can be as many as 40 defendants. To do this, they need to investigate the supply chain to find companies that could have a connection with asbestos, but are not mentioned in the lawsuit.

This process can be extremely lengthy, especially when the claimant suffers from mesothelioma or other serious illnesses. Additionally, it is often difficult to find witnesses and obtain physical evidence.

A mesothelioma lawyer will identify the identity of all defendants who could be implicated, and their connection to the victim's exposure. This may include a thorough examination of the past 40 years of the victim's life, which may include interviews and a look at their social security and union, Asbestos Litigation Group as well as tax records.

A successful asbestos litigation strategy is dependent on a wealth of experience in a complicated area of law. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending businesses in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide array of defendants, which includes distributors, manufacturers, and contractors. We have extensive experience in developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must meticulously prepare their cases for trial to ensure that their clients' evidence and arguments are as strong as they can be. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying exhibits that will be used in the trial. This process can be lengthy in cases that are complex.

Before developing mesothelioma asbestos patients develop a lesser disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis symptoms include a tightening of the lungs which could cause breathing problems, coughing, chest pain and so on.

Asbestos victims' attorneys must also scrutinize the evidence to find possible defendants who could be held liable for the asbestos-related injuries. This involves interviewing co-workers and family members, asbestos asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents.

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

Several legislative remedies to resolve asbestos litigation have been proposed in Congress. These efforts haven't been successful due to a range of complex political factors. Asbestos victims and their lawyers are still committed to holding 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 country. Our attorneys have held insurance companies and other responsible parties accountable for their role in asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are supervised by judges with experience in asbestos cases.

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 Winter and annual conventions.