Asbestos Litigation

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

A person's exposure to asbestos can be triggered by many places, not just a single employer or company. This is why asbestos cases usually involve multiple defendants.

Determining the Source of Exposure

To make an asbestos claim, it is essential to determine the source of latest asbestos litigation exposure. Lawyers for victims often use medical records to determine asbestos' source. This can help victims get compensation from the companies accountable for asbestos exposure.

Compensation is needed by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.

Asbestos lawsuits are complex legal proceedings, and the victims must be aware of their rights and asbestos litigation Group how the process works. 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 requests for discovery and attending court depositions.

It is also important to remember that the statutes of limitations in New York are limited, and it is important to seek out an experienced asbestos attorney as soon as possible. Failure to file an asbestos claim within the proper time frame could result in missing out on financial compensation.

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

Asbestos litigation is the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies established trust funds for asbestos law and litigation victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating a Database

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

To be able to build a successful latest asbestos litigation defense, lawyers need to have access to a vast database that can identify possible exposure sources. This includes reviewing the websites of employers, speaking with coworkers and collecting information from suppliers and employers. This process involves locating and interviewing doctors or nurses who might be able to be able to testify about asbestos exposure.

This type of database is difficult to build, particularly when the data has been lost over time. If this happens it could necessitate the reconstruction of an entire claims database and insurance program, usually from a variety of sources, including loss runs claims files, internal systems, and defense counsel records. It can take a long time or even decades to complete.

Asbestos attorneys must also have access to a software that permits them to identify potential defendants and locate potential exposure sites. The information that is at the fingertips of lawyers can save time and money.

Following the bankruptcy of a number of asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and suits that name less than 100 defendants is a rarity.

Identifying Defendants

The majority of asbestos cases are based on factual evidence that is discovered. Asbestos firms have denied for many years that their products could cause harm, but once lawsuits started the company's documents provided evidence of the dangers. These documents can help plaintiffs prove that specific defendants' products caused their injuries. In order to win a lawsuit the plaintiff must demonstrate that the defendant's products were used in his workplace, and that he inhaled dust from the product, and that this exposure was a major cause of his injuries.

Because asbestos cases have multiple defendants, the process of identifying defendants is different than the typical personal injury case. The key is to develop an inventory of employers, locations and products by speaking with relatives and coworkers looking over work orders and invoices, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's residence and workplace websites. The type of asbestos used - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants as each product is made by the same manufacturer.

Defendants must carefully review the facts and determine the possible sources of exposure. This can involve a examination of more than 40 years of a worker's existence through Social Security, union, tax and other records. Because the time between asbestos injuries is so long, the creation of an accurate database requires a lot of time and costly research.

Because of the large numbers of cases and the insufficient resources of many defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent duplicate discovery.

Case Development

Asbestos lawsuits require a lot of research and the examination of numerous documents. This can be particularly challenging because asbestos exposure often occurred years before a victim was diagnosed with a disease. To determine the sources of exposure, attorneys must conduct interviews and carefully go through thousands of pages of documentation such as union documents, employment records social security and tax records and medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to find other defendants. In certain cases, there could be as high as 40 defendants. To accomplish this, they must look further down the supply chain and look into organizations that could have a connection to asbestos, even if they haven't been named in the litigation.

This process is lengthy, especially if the claimant has mesothelioma or any other serious illness. In addition, it can be often difficult to locate witnesses and to obtain physical evidence.

A mesothelioma attorney will work to determine the identity of all defendants and the connection to the victim's exposure. This could be a thorough analysis of the last 40 years of a victim's life, which may include interviews as well as a review of their social security as well as labor, union, and tax records.

A successful asbestos class action litigation litigation strategy relies on extensive experience in a tangled area of law. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience formulating and drafting important defenses such as expert testimony and jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must meticulously prepare their cases before trial so that their clients have the strongest arguments and evidence possible. This involves reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used during the trial. This process can take a long time in complicated cases.

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

Lawyers for asbestos victims must also carefully review the evidence to identify potential defendants who might be accountable for the asbestos litigation online-related injuries. This includes interviewing coworkers and family members, asbestos abatement workers, asbestos manufacturers and obtaining a variety of documents.

Once a defendant is identified as a possible defendant, an attorney must determine the legal liability of the defendant. The defendants can be individuals, businesses or government agencies. They must be held responsible for their negligent acts.

A variety of legislative solutions to end asbestos litigation have been formulated in Congress. These efforts have not been effective due to a myriad of complex political factors. 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 lawyers have held manufacturers, insurance companies and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges that are experienced with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server during the annual and winter conventions and in educational seminars on asbestos litigation.