Asbestos Litigation

Each asbestos case is unique, but the general process for defending claims involving asbestos is the same. Your attorney will want to take a deposition of the plaintiff.

The source of asbestos exposure could be many, not just one employer or company. This is why asbestos cases typically involve multiple defendants.

Find out the source of exposure

In order to make an asbestos claim, it is essential to determine the source of asbestos exposure. Often, victims' attorneys can use medical documents to determine the source of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure.

Mesothelioma victims and their families need compensation to cover the cost of mesothelioma treatment. Compensation can also help families cope with the emotional burden of mesothelioma being diagnosed.

Asbestos cases are a complex legal cases. The victims must be aware of their rights and the procedure. While attorneys can handle a variety of aspects of a case they are expected to be involved in the case. This includes responding quickly to requests for discovery and attending depositions in court.

It is also important to keep in mind that the statutes of limitations in New York are limited, and it is important to speak with an experienced asbestos attorney whenever you can. If you do not file your claim within the specified timeframe, you could lose out on financial compensation.

In a few instances, latest asbestos litigation products made by several companies have been used to expose victims. In these instances, victims' attorneys will be required to identify all asbestos-containing products, and the contractors and employers who supplied the materials.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for numerous bankruptcy filings filed by asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. However, asbestos defendants continue to dispute evidence linking asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is despite research by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating an Database

A case involving mesothelioma or other asbestos-related diseases differs from a typical personal injury lawsuit. In many asbestos litigation cases [please click the following internet page], plaintiffs are represented by same law firms and same expert witnesses.

To be able to build a strong defense in an asbestos case attorneys need access to a comprehensive database that can pinpoint possible sources of exposure. This involves reviewing job sites, interviewing co-workers and collecting records from employers and suppliers. The process also involves the search for and interviewing nurses and doctors who can testify about asbestos exposure.

The creation of this type of database can be a challenge particularly in situations where the data was deleted or lost over time. When this happens it may require the reconstruction of a complete claims database and insurance program, often from multiple sources like loss runs and claim files, internal systems, and defense counsel records. This could take a number of years or even years to complete.

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

Following the bankruptcy of a number of asbestos producers, plaintiffs' attorneys searched for new defendants to their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the number of defendants is paramount, and suits naming fewer than 100 defendants are rare.

Identifying the defendants

The majority of asbestos cases are based by factual evidence that's later discovered. Many asbestos companies resisted for decades that their products could cause harm to people, but after lawsuits began, company documents came to light and revealed evidence of the dangers. These documents can assist plaintiffs prove that a specific defendant products caused their injuries. To win a lawsuit, the plaintiff must prove that the defendant's products were used in the workplace, and that he inhaled dust from the product and that exposure to the product was a major cause of his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants is different from the typical personal injury case. The key is to develop an information database that links employers locations, products and locations by interviewing co-workers and relatives as well as reviewing invoices and work orders, obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's home as well as workplace sites. It is also possible to identify defendants if one knows the type of asbestos like amosite or chrysotile.

The defendants must be attentive to the facts and determine the possible sources of exposure. This may require a review of more than forty years of a person's life through Social Security, union, tax and other records. Because the time between asbestos-related injuries is long, the creation of an accurate database requires extensive and costly discovery.

Due to the large number of asbestos cases and the limited resources of defendants in federal courts, many asbestos litigation wiki cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants to share their resources and avoid duplicate discovery.

Developing a Case

asbestos defense litigation suits require extensive study and examination of a variety of documents. This can be particularly difficult because asbestos exposure often was a long time before the victim was diagnosed with a disease. To identify the source of asbestos exposure, attorneys must conduct interview and carefully review thousands pages of documentation including employment records and union documents, tax files and social security files, medical and laboratory reports.

The attorneys representing the plaintiffs must also do everything they can to identify other defendants. In certain instances, there could be as many as 40 defendants. To do so they need to look further down the supply chain and investigate entities with a possible nexus to asbestos, even if they haven't been named in the lawsuit.

This process is long, particularly if the claimant has mesothelioma, or other serious illnesses. It is also difficult to find witnesses and collect physical evidence.

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

A successful asbestos litigation strategy is dependent on years of experience in a tangled area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation defense litigation since the time of our establishment back in 1994. We are the nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad range of defendants, including product manufacturers, distributors, and contractors. We have extensive experience establishing and developing crucial defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for trial

Lawyers must meticulously prepare their cases ahead of trial to ensure that their clients can present the strongest evidence and arguments possible. This involves reviewing medical records and preparing all witnesses. It also involves identifying the exhibits that will be used in the trial. This process can take a long time in complicated cases.

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

Asbestos victims' lawyers must also examine the evidence to find possible defendants who could be held liable for the asbestos-related injuries. This may involve interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

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

Congress has offered a variety of legislative remedies to resolve asbestos lawsuits. However, these attempts have not been successful due to a number of complex political reasons. Asbestos victims along with their lawyers and asbestos litigation cases government remain determined to hold negligent asbestos firms accountable for their behavior.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our lawyers have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are assigned by judges who have expertise 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 annual and Winter conventions.