Asbestos Litigation

Each asbestos case is distinct however the process to defend these claims is the same. Your attorney will want to interview the plaintiff.

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

Determining the Source of Exposure

Identifying asbestos exposure is a crucial step in filing an asbestos claim. Attorneys for victims can often use medical records to determine asbestos' source. This can assist victims in obtaining compensation from companies accountable for asbestos exposure.

Compensation is needed by mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can help families cope emotionally with a mesothelioma diagnoses.

Asbestos cases can be a complicated legal cases. Victims need to know their rights and the process. While attorneys are able to handle a variety of aspects of a case, the victims are expected to be involved in their own case. This includes responding to requests for discovery and attending depositions.

It is also important to keep in mind that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos attorney as soon as you can. In the event of not filing an asbestos claim within the proper timeframe could result in a denial on financial compensation.

In some instances, victims were exposed to asbestos-containing products produced by various companies. In these instances, victims lawyers may be required to identify the companies that made each product, in addition to the employers or contractors who supplied asbestos-containing materials.

asbestos attorneys litigation is the longest-running mass tort in American history. It has been responsible for dozens of bankruptcy filings by asbestos producers. Many of these companies have set up trust funds to compensate asbestos victims. However, asbestos defendants continue to contest evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite research conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating an Database

A lawsuit involving asbestos-related illnesses or mesothelioma is different than a typical personal injury lawsuit. In many cases, asbestos litigation involves many of the same defendants (companies that are sued) and many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.

To build a strong asbestos defense, attorneys need to have access to a vast database that will help them identify potential exposure sources. This includes looking over job sites, talking to coworkers and collecting information from suppliers and employers. The process also requires the search for and interviewing doctors and nurses who can testify regarding asbestos exposure.

This type of database is difficult to develop, especially in the event that the data was lost over time. When this happens it could require the reconstruction of a complete claims database and insurance program, usually from a variety of sources, including loss runs and claim files, internal systems and defense counsel records. It can take years, or even decades to complete.

asbestos lawyers (wifidb.science) must also have access to a program that allows them to locate potential exposure areas and identify potential defendants. Lawyers can save time and money by having this information at their fingertips.

Following the massive bankruptcy 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 the volume is paramount and lawsuits that name less than 100 defendants are not common.

Identifying Defendants

The actual basis of asbestos lawsuits is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but after lawsuits started documents from the company exposed evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant' products caused their injuries. To prevail in a lawsuit, a plaintiff has to prove that the defendant's product were used in his work place, that he breathed in dust from the product and that exposure to the product was a major factor in his injuries.

Asbestos cases usually involve several defendants. The method of identifying them is different from a personal injury case. The most important thing is to create an inventory of employers and their locations, as well as products. This is done by speaking with relatives and coworkers, reviewing work orders and invoices, obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and employment websites. It is also a good way to identify defendants if you know the type of asbestos, like amosite or chrysotile.

Defendants must carefully 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. Due to the long latency of asbestos-related injuries, it is difficult and expensive to establish an accurate database.

Because of the large numbers of cases and the limited resources of many defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and reduce the duplication of discovery.

Case Development

Asbestos suits require a lot of investigation and the review of numerous documents. This can be a difficult task because asbestos exposure is often a long time before a person is diagnosed with a disease. To pinpoint the source of the asbestos exposure, attorneys must conduct interview and carefully review thousands pages of documentation, such as employment records and union documents, tax files and social security files, lab and medical reports.

The attorneys representing the plaintiffs have to do everything they can to find additional defendants. In many instances, the number of defendants can be as high as 30 or 40. To do this, they must examine the supply chain to investigate companies that could have a link to asbestos, but are not included in the lawsuit.

This process is long, particularly if the claimant has mesothelioma or any other serious illness. In addition, it is often difficult to find witnesses and get physical evidence.

A mesothelioma lawyer will identify the potential defendants and their connection to victim's exposure. This may be accomplished by a thorough analysis of more than 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 requires extensive experience in this tangled 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 litigation that spans the entire industry. We serve as National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including product manufacturers distributors, suppliers, and contractors. We have extensive experience in developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must carefully prepare their cases for trial to ensure that their clients' arguments and evidence are as strong as they could be. This includes reviewing medical records and preparing all witnesses. It is also about identifying the exhibits that will be used in the trial. This process can be years long in complex cases.

Before developing mesothelioma, many asbestos patients develop a lesser disease, such as asbestosis or the pleural plaque or pleural fibrosis. Asbestosis can cause chest pain, coughing, and breathing difficulties.

Lawyers for asbestos victims must also look over the evidence to determine potential defendants who might be accountable for the asbestos injuries. This includes interviewing coworkers or family members, abatement workers, asbestos manufacturers and obtaining a variety of documents.

Once a defendant is identified as a possible defendant, an attorney must determine the liability of the party. The defendants could be individuals, corporations or governmental agencies. They are accountable for their actions that were negligent.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, these efforts have failed due to a variety of complex political reasons. Asbestos victims and their lawyers are still determined to hold 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 entities accountable for their part in the asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts where cases are assigned by judges who have experience in asbestos-related matters.

The Asbestos Litigation Group welcomes all AAJ members including life, regular, sustainer, and President's Club members. Members meet and discuss legal issues and strategies on the Group's only for plaintiffs list server at the annual and winter conventions as well as in seminars for education on asbestos litigation.