Asbestos Litigation

Each asbestos case is unique however the process for defending claims involving asbestos is the same. Your attorney will want you to conduct an interview with the plaintiff.

The source of asbestos exposure could be numerous, not only one employer or company. This is why asbestos cases usually involve multiple defendants.

Identifying the source of exposure

To make an asbestos claim, it is essential to determine the source of asbestos exposure. Often, attorneys representing victims may use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies responsible for asbestos exposure.

Compensation is required by mesothelioma patients as well as their families to pay for the expense of expensive treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma being diagnosed.

Asbestos lawsuits are complicated legal proceedings, and the victims must be aware of their rights and how the process works. While attorneys can handle a lot of aspects of a case, the plaintiffs are expected to take part in their case as well. This includes responding to discovery requests and attending depositions in court.

Remember that the statutes of limitations are limited in New York, and you should consult an asbestos attorney 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, victims have been exposed to latest asbestos litigation-containing products made by several companies. In such cases, the lawyers representing the victims will be required to identify all asbestos-containing products, as well the companies and contractors that 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 producers. Many of these companies have established trust funds for asbestos litigation cases victims. However, asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making an Database

A lawsuit involving asbestos-related illnesses or mesothelioma differs from a typical personal injury claim. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and the same expert witnesses.

To be able to build a successful defense in an asbestos litigation online-related case attorneys need access to a database that can help identify potential exposure sources. This involves reviewing the work site, speaking with coworkers and obtaining documents from employers and suppliers. This involves locating and interviewing doctors or nurses who might be able to testify regarding asbestos exposure.

The creation of this type of database can be difficult particularly when the data has been deleted or lost over time. In these cases, it may be necessary to reconstruct an entire insurance program and claims database, using multiple sources, including loss runs, claim files internal system, as well as defense counsel records. This could take a number of years or even decades to complete.

asbestos litigation meaning lawyers must also access a program which allows them to identify potential defendants and potential exposure sites. Attorneys can cut down on time and money by having this information readily available.

Following the massive bankruptcies of many asbestos producers, plaintiffs' lawyers sought new defendants to list in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and suits that name fewer than 100 defendants are rare.

Identifying the Defendants

Often, asbestos lawsuits are based on evidence based on facts that are discovered. Asbestos companies have denied for a number of years that their products could cause harm, but when the lawsuits began documents from the company revealed evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant products caused their injuries. To win a case, the plaintiff must show that the defendant's product was in use at his work site, that he was exposed to it inhaling dust, and that the exposure was a significant cause of his injuries.

Asbestos cases often involve multiple defendants. The method of identifying them is different from a personal injury lawsuit. Through interviews with coworkers and family members, looking over invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples from the plaintiff's workplace and home it is possible to create an information database that connects employers as well as locations and products. The type of asbestos involved - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants as each product is made by a different manufacturer.

Defendants must carefully review these facts, and determine the possible sources of exposure. This may include a thorough review of more than 40 years of records from Social Security, tax, union, and other records of the worker. Due to the lengthy latency of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Because of the large numbers of cases and the limited resources of defendants Many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent duplication of discovery.

Case Development

Asbestos suits require extensive study and examination of a variety of documents. This can be particularly difficult since exposure to asbestos often occurred long before the victim developed a health issue. To determine the source of asbestos exposure, Asbestos Litigation Cases attorneys must conduct interview and carefully review thousands pages of documentation including employment records and union documents, tax files and social security records, medical and lab reports.

The lawyers representing the plaintiffs must do their best to find additional defendants. In certain cases, there could be up to 40 defendants. To accomplish this, they must look down the supply chain to look into companies that might have a connection with asbestos, but aren't named in the lawsuit.

This process can be extremely time consuming, especially when the claimant suffers from mesothelioma and other severe diseases. It can be difficult to find witnesses and collect physical evidence.

An attorney for mesothelioma will try to identify all defendants and the connection to the victim's exposure. This can require a thorough examination of over 40 years of the victim's history through interviews as well as a review of their social security, union, and tax records.

A successful asbestos litigation strategy depends on a wealth of experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our founding in 1994 and are nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must carefully prepare their cases prior to trial to ensure that their clients can present the strongest evidence and arguments possible. This involves reviewing medical records and prepping all witnesses. It is also about identifying the exhibits that will be used during the trial. This can take a lot of time in cases that are complex.

Many asbestos sufferers develop a less severe disease such as asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's onset. Asbestosis can cause coughing, chest pain, and breathing problems.

Asbestos victims' lawyers must also examine the evidence to determine any potential defendants that could be held accountable for the asbestos injuries. This may involve interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining various documents.

After a lawyer has identified a possible defendant, they must determine the liability of that party. The defendants could be individuals, businesses or government agencies. They are accountable for their wrongful actions.

Congress has proposed several legislative remedies to resolve asbestos lawsuits. However, these attempts have failed due to a number of political issues. Asbestos victims along with their lawyers and government remain determined to hold 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 lawyers have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges that are experienced with asbestos-related issues.

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