Asbestos Litigation

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

The exposure of a person to asbestos defense litigation can be triggered by multiple sources, not just a single employer or company. This is why asbestos cases usually 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 assist victims in receiving compensation from the companies responsible for asbestos exposure.

Compensation is needed by mesothelioma patients and their families to pay for the expense of expensive treatment. Compensation can help families cope when a mesothelioma diagnosis is announced.

Asbestos lawsuits can be a complicated legal cases, and victims need to understand their rights and the way in which the process operates. Attorneys can handle a variety of aspects of a case, they are expected to participate in the case. This includes responding to discovery requests and attending depositions in court.

Remember that the statutes are limited in New York, and you should consult an asbestos attorney immediately if you are able to. In the event of not filing an asbestos claim within the proper time frame could result in a denial on financial compensation.

In some instances, victims were exposed to asbestos-containing products produced by multiple companies. In these cases, 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 litigation is the longest-running mass tort of American history. It is 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 to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. 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 the Database

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

In order to develop a successful defense in a case involving asbestos, attorneys must have access to a vast database that can identify potential sources of exposure. This includes looking over the websites of employers, speaking with coworkers and collecting information from suppliers and employers. The process also involves finding and interviewing nurses and doctors who can testify about asbestos exposure.

Developing this type of database can be a challenge particularly in situations where the data was lost or destroyed over the course of time. In these instances it is possible to recreate an entire insurance program and claims database making use of multiple sources, such as loss runs and claim files internal system and defense counsel records. It could take years, or even years to complete.

Latest Asbestos Litigation lawyers must also have access to a software that allows them to locate potential exposure sites and to identify potential defendants. Attorneys can save time and money by having this information available to them.

After the collapse of several asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the number of defendants is paramount, latest asbestos litigation and suits that name fewer than 100 defendants are not common.

Identifying the Defendants

The majority of asbestos cases are founded on factual evidence that is discovered. Many asbestos companies denied for decades that their products could harm people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that certain products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used in the workplace, that he inhaled dust from the product, and that exposure to the product was a major factor in his injuries.

Asbestos cases often involve multiple defendants. The process of identifying them is different from a 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 speaking with relatives and coworkers looking over invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and employment websites. The type of asbestos used - amosite, chrysotile or Crocidolite - could be helpful in identifying defendants because each product is made by the same manufacturer.

The defendants must take the time to review these facts and identify all possible sources of exposure. This could involve a thorough examination of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is so long, the creation of an accurate database is a lengthy and costly research.

Due to the high volume of asbestos cases, and the insufficient resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This gives defendants the opportunity to share resources and avoid duplication of discovery.

Case Development

Asbestos lawsuits involve extensive investigation and Asbestos Law & litigation the review of many documents. This can be a difficult task because asbestos exposure often occurs years before a person is diagnosed with a disease. In order to identify the sources of exposure, attorneys need to conduct interviews and look over thousands of pages of documentation including union documents, employment records social security and tax records and medical and laboratory reports.

The lawyers representing the plaintiffs must do their best to identify additional defendants. In many cases, the number defendants can be as high as 30 or 40. To achieve this they need to look further down the supply chain and research organizations that could have a connection to asbestos that have not been named in the litigation.

This process is time-consuming, especially when the plaintiff suffers from mesothelioma or other serious illnesses. Additionally, it is often difficult to locate witnesses and obtain physical evidence.

A mesothelioma lawyer will identify the identity of all defendants who could be implicated, and their relationship to victim's exposure. This could require a thorough examination of more than 40 years of the victim's history through interviews and a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy requires a wealth of experience in this complex legal field. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are experts in the nation's defense of companies involved in industry-wide, multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad range of defendants, including product manufacturers, 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 need to carefully prepare their cases before trial so that their clients can present the strongest arguments and evidence possible. This includes reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the trial. This process can take lengthy in cases that are complex.

Before developing mesothelioma asbestos victims develop a lesser disease, such as asbestosis or pleural fibrosis or pleural plaque. Asbestosis symptoms include a tightening of the lungs which may cause difficulty breathing, coughing, and chest pain.

Asbestos victims' attorneys must also examine the evidence to determine any potential defendants who could be held responsible for the asbestos injuries. This may involve interviewing coworkers, family members, asbestos law and litigation manufacturers, asbestos abatement employees and obtaining a variety.

After identifying a potential defendant an attorney must determine the responsibility of the defendant. The defendants may be individuals, corporations or governmental organizations. They are accountable for their actions that were negligent.

Congress has offered a variety of legislative remedies to resolve asbestos lawsuits. The efforts have not been successful due to a range of complicated political issues. Asbestos victims as well as their lawyers and the government remain determined to hold negligent asbestos firms accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled hundreds of cases in New York State and across the country. Our attorneys have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, latest Asbestos litigation asbestos litigation is handled by 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, as well as at annual and Winter conventions.