Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending against such claims is the same. Your lawyer will require you to conduct a deposition of the plaintiff.

A person's exposure to asbestos can be triggered by numerous sources, not only one employer or company. This is the reason asbestos cases typically involve multiple defendants.

Determine the source of exposure

In order to submit an asbestos claim it is essential to determine the source of asbestos exposure. Attorneys for victims can often make use of medical records to determine the source of asbestos. This can assist victims in obtaining compensation from companies responsible for their asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of costly treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma being diagnosed.

Asbestos cases can be a complicated legal issues. The victims must be aware of their rights and procedures. While attorneys are able to handle a variety of aspects of a case the victims are expected to be involved in their case as well. This includes responding to requests for discovery and attending court depositions.

Be aware that the statutes are restricted in New York, and you should consult an asbestos attorney [postheaven.net] as soon a possible. If you do not file your claim within the specified timeframe you could be unable to collect on financial compensation.

In certain instances victims have been exposed to asbestos products manufactured by several companies. In these instances, lawyers representing the victims will need to identify all the asbestos-containing products as well as the companies and contractors that supplied the materials.

Asbestos lawsuits are the longest-running mass tort of American history. It is responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have created trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to contest evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making a Database

A case involving mesothelioma or other asbestos lawyer-related illnesses is different from any typical personal injury lawsuit. 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 asbestos defense, lawyers have to have access to a vast database that can pinpoint potential exposure sources. This includes reviewing the work site, speaking with coworkers, and obtaining documents from employers and suppliers. This involves locating and interviewing nurses or doctors who might be able to testify regarding asbestos exposure.

Developing this type of database can be a challenge, especially in cases where the data was lost or destroyed over time. When this happens, it can require the reconstruction of a complete claims database and insurance program, often from a variety of sources, including 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 program that allows them to identify potential defendants and locate potential exposure sites. Attorneys can cut down on time and money by having this information at their fingertips.

After the bankruptcy of many asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trials where volume reigns supreme and suits that name fewer than 100 defendants are a rarity.

Identifying the defendants

The truthful basis of asbestos cases is often established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but when lawsuits began documents from the company exposed evidence of the dangers. These documents can be used to prove that certain products of the defendants caused injuries. To win a case the plaintiff must prove that the defendant's product was utilized at the workplace and that he was exposed to it inhaling dust and that the exposure was a significant factor in his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants is different than the typical personal injury case. The most important thing is to create an information database that links employers and their locations, as well as products. This is done by interviewing co-workers and relatives as well as reviewing invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's residence and workplace websites. It can also help to identify defendants if one knows the type of asbestos, such as chrysotile or amosite.

The defendants must be attentive to 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, establishing an accurate database requires extensive and costly discovery.

Due to the high volume of asbestos cases and limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and avoid the duplication of discovery.

Making a Case

Asbestos suits require extensive investigation and the review of numerous documents. This can be particularly challenging since exposure to asbestos often occurred years before a victim became sick. To determine the source of the asbestos exposure, attorneys must conduct interviews and examine thousands of documents, such as employment records and union documents tax files, social security files and medical and laboratory reports.

The lawyers representing the plaintiffs must also do everything they can to find other defendants. In many instances, the number of defendants can be as high as 30 or 40. To do so they need to look further down the supply chain and research companies that may have a connection to asbestos, even if they haven't been named in the litigation.

This process can be very long, particularly if the claimant has mesothelioma or any other serious illness. Additionally, it is often difficult to locate witnesses and get physical evidence.

A mesothelioma lawyer will attempt to identify all defendants and the connection to the victim's exposure. This can be accomplished by a thorough analysis of more than 40 years of the victim's life via interviews as well as a review of their social security, union, labor and tax records.

A successful asbestos lawsuit litigation strategy relies on years of experience in a complicated area of law. Since its inception back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in the defense of companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide range of defendants, including distributors, manufacturers, and contractors. We have extensive expertise in creating and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must be careful in preparing their cases prior to trial to ensure that their clients' arguments and evidence are as strong as they could be. This includes 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. The process can take years long in complex cases.

Many asbestos patients develop a less severe disease such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's onset. Asbestosis symptoms include tightening of the lungs that could cause breathing problems, coughing, chest pain and so on.

Lawyers for asbestos victims should also examine the evidence in order to determine potential defendants that could be held accountable for the asbestos-related harms. This includes interviewing coworkers or family members, abatement workers, asbestos manufacturers and obtaining various documents.

After an attorney has identified a potential defendant, they must then determine the liability of that party. The defendants could be individuals, companies or government agencies. They must be held responsible for their actions that were negligent.

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. However, these efforts have not been successful due to a number of complex political reasons. Asbestos victims and their lawyers are determined to hold negligent asbestos companies accountable for their conduct.

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 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 matters.

The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.