Asbestos Litigation

Each asbestos case is distinct however, the general procedure for defending such claims is the same. Your attorney should take a deposition of the plaintiff.

The exposure of an individual to asbestos can come from numerous sources, not only one employer or company. This is the reason asbestos cases typically involve multiple defendants.

Find out the source of exposure

Recognizing asbestos exposure is a crucial step specializes in asbestos litigation filing an asbestos claim. Lawyers representing victims typically utilize medical records to determine asbestos' source. This can help victims receive compensation from the companies liable for their asbestos exposure.

Mesothelioma sufferers and their families require compensation to cover the cost of mesothelioma treatments. Compensation can also assist families in dealing with the emotional burden of mesothelioma diagnosis.

Asbestos cases can be a complicated legal cases. Victims need to know their rights and the process. 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 promptly to discovery requests and attending court depositions.

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

In some cases, asbestos products made by several companies have been used to expose victims. In these instances, Asbestos Litigation Group victims' attorneys may need to identify the manufacturer of each product, in addition to the employers or contractors who supplied asbestos-containing materials.

asbestos litigation meaning litigation is the longest-running mass tort of American history. It's the cause of numerous bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite studies conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing a Database

A lawsuit involving mesothelioma or other asbestos-related diseases is distinct from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies that are sued) as well as many of the same law firms that represent plaintiffs, as well as many of the same expert witnesses.

To build a strong asbestos defense, lawyers need to be able to access a large database that can pinpoint potential exposure sources. This involves reviewing the job site, talking to coworkers and obtaining documents from suppliers and employers. The process also involves tracking down and interviewing doctors and nurses who are able to testify about asbestos exposure.

This type of database is difficult to develop, especially in the event that the data was lost over time. In these cases it is possible to recreate the entire insurance program and claims database, using multiple sources such as loss runs and claim files internal system and defense counsel records. It could take years, or even years, to complete.

Asbestos attorneys must also have access to a software that lets them identify potential defendants and locate potential exposure sites. Attorneys can save time and money by having this information at their fingertips.

After the mass bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the number of defendants what is asbestos litigation paramount, and suits that name fewer than 100 defendants are a rarity.

Identifying Defendants

The factual foundation of asbestos lawsuits is often established through discovery. Many asbestos companies denied for many years that their products could harm people, but after the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can help plaintiffs prove that specific defendants products were responsible for their injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was in use at his work site and that they were exposed to it inhaling dust and that exposure to the dust was a major reason for his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants is different from an ordinary personal injury case. Through interviews with coworkers and family members, reviewing invoices and work orders, Asbestos Litigation Group getting documents from suppliers and vendors, and analyzing asbestos samples taken from the plaintiff's work place and home, it is possible to establish an information database that connects employers as well as locations and products. The type of asbestos used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants as each product is manufactured by an individual manufacturer.

Defendants must carefully review 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 documents. Because the time between asbestos-related injuries is so long, creating an accurate database is a lengthy and costly investigation.

Due to the large number of asbestos cases, and the insufficient resources of defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This gives defendants to share resources, and to avoid duplication of discovery.

Case Development

Asbestos lawsuits require a lot of research and the review of a large number of documents. This can be a challenge because asbestos exposure often occurred years before a victim was diagnosed with a disease. To identify the sources of exposure, lawyers need to conduct interviews and look over hundreds of pages of documentation including union documents, employment records social security and tax files, and medical and laboratory reports.

The lawyers representing the plaintiffs must do their best to locate additional defendants. In many instances, the number of defendants can be as high as 30 or 40. To do this, they have to look down the supply chain to find entities that may have a link to asbestos, but are not named in the lawsuit.

This process can be extremely long and time-consuming, particularly when the plaintiff is suffering from mesothelioma or other serious diseases. It is also difficult to find witnesses and collect physical evidence.

An attorney for mesothelioma will try to establish all potential defendants and the connection to the victim's exposure. This may involve a thorough review over the last 40 years of a victim's life, including interviews and a review their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy relies on years of experience in a tangled area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending businesses in multi-jurisdictional litigation that spans the entire industry. We act as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide range of defendants, including product manufacturers, distributors, and contractors. We have extensive experience in creating and implementing crucial defenses such as expert testimony and jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must carefully prepare their cases for trial to ensure that their clients' evidence and arguments are the strongest they can be. This includes reviewing medical records and making sure that all witnesses are prepared. It also involves identifying exhibits that will be used in the trial. This process can take years in complicated cases.

Many asbestos sufferers have a less severe illness like asbestosis, fibrous or pleural plaques prior to the mesothelioma's development. Asbestosis symptoms include a tightening of the lungs that could cause breathing problems, coughing, and chest pain.

Lawyers for asbestos victims must also carefully review the evidence to determine potential defendants that could be held accountable for the asbestos-related harms. This includes speaking with family members, coworkers asbestos law & litigation abatement workers, asbestos abatement employees and asbestos manufacturers, and getting various documents.

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

Congress has offered a variety of legislative solutions to end asbestos lawsuits. These efforts have not been effective due to a myriad of complicated political factors. Asbestos victims as well as their lawyers and the government remain determined to hold negligent asbestos firms accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our lawyers have held manufacturers, insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts, where cases are assigned to judges who are familiar with asbestos-related issues.

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