Asbestos Litigation

Each asbestos case is unique however the general procedure to defend against claims based on asbestos is the same. Your lawyer will require you to take depositions of the plaintiff.

A person's exposure to asbestos can be triggered by many places, not just a single employer or company. This is why asbestos cases usually involve multiple defendants.

Determining the Source of Exposure

The identification of asbestos exposure is a crucial step in submitting an asbestos claim. Lawyers representing victims typically make use of medical records to determine the source of asbestos. This can help victims receive compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma victims and their families need compensation to cover expensive mesothelioma treatments. Compensation can help families cope with a mesothelioma diagnoses.

Asbestos cases are a complex legal cases. Victims must be aware of 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 to discovery requests and participating in court depositions.

Remember that the statutes of limitations are limited in New York, and you must consult an asbestos attorney as soon a possible. In the event of not filing an asbestos claim within the proper timeframe could result in the loss on financial compensation.

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

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

The process of creating the Database

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

To develop a successful asbestos defense, lawyers need to be able to access a large database that will help them identify potential exposure sources. This includes reviewing the job site, talking to coworkers, and obtaining documents from employers and suppliers. This involves locating and interviewing doctors or nurses who might be able to testify regarding asbestos exposure.

Making this kind of database can be a challenge particularly in situations where the data has been deleted or lost over time. When this happens it could necessitate the reconstruction of a complete claims database and insurance program, typically from multiple sources such as loss runs and claim files, internal systems, and defense counsel records. This can take years, or decades, to complete.

Asbestos attorneys must also have access to a software that allows them to find potential defendants and potential exposure sites. Attorneys can save time and money by having this information readily available.

Following the massive bankruptcies of many asbestos producers attorneys for plaintiffs sought new defendants to name in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the volume is paramount and suits naming fewer than 100 defendants are not common.

Identifying the defendants

The truthful basis of asbestos lawsuits is often established through discovery. Many asbestos companies denied for decades that their products could harm people, but once lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. In order to win a lawsuit the plaintiff must prove that the defendant's products were used in his work place, that he breathed in dust from the product and that this exposure was a major reason for his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants what is asbestos litigation different than an ordinary personal injury case. Through interviews with coworkers and family members, examining invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's workplace and home it is possible to establish an online database that links employers, locations, and products. It can also help to identify defendants if one knows the kind of asbestos, such as chrysotile or amosite.

Defendants are required to carefully look over these facts and determine all possible sources of exposure. This can include a thorough review of more than 40 years of records from the Social Security, tax, union and other documents of workers. Because the latency of asbestos-related injuries is so long, creating an accurate database is a lengthy and costly discovery.

Due to the huge number of cases and limited resources of many defendants, many asbestos class action litigation cases are referred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to pool resources and also avoid duplicate discovery.

Case Development

Asbestos lawsuits require a lot of research and the review of numerous documents. This can be particularly difficult because asbestos exposure often occurred long before the victim developed a health issue. To identify the sources of the exposure, attorneys must conduct interviews and carefully look over hundreds of pages of documentation including the employment records, union documents tax and social security files as well as medical and laboratory reports.

The plaintiffs' lawyers also must do all they can to locate additional defendants. In many cases, the number defendants could be as high as 30 or 40. To do this, they need to look down the supply chain to investigate companies that could have a nexus with asbestos, but aren't named specializes in asbestos litigation the lawsuit.

This process can be very time-consuming, especially when the claimant suffers from mesothelioma or other serious illnesses. In addition, it can be often difficult to locate witnesses and get physical evidence.

A mesothelioma attorney will work to identify all defendants and their connection to the victim's exposure. This can require a thorough examination 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 litigation strategy is dependent on a wealth of experience in a complex area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending companies in multi-jurisdictional, global litigation. We are the National Coordinating Counsel and liaison counsel, representing and representing the interests of a variety of different defendants, including product manufacturers distributors, suppliers, and contractors. We have extensive experience creating and implementing crucial defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for trial

Lawyers must carefully prepare their cases prior to trial to ensure that their clients are able to present the strongest arguments and evidence possible. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the trial. This process can be several years in the case of complex cases.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease such as asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms include a tightening of the lungs which can cause breathing difficulties, coughing, and chest pain.

Attorneys representing asbestos victims should also examine the evidence in order to determine potential defendants that might be accountable for the asbestos-related harms. This includes speaking with family members, coworkers, asbestos abatement workers and asbestos manufacturers, and obtaining various documents.

Once a lawyer has identified a defendant, they need to determine the liability of that party. The defendants could be individuals, latest asbestos litigation businesses or government agencies. They are held accountable for their negligent acts.

Congress has proposed several legislative solutions to end asbestos lawsuits. These efforts haven't been successful due to a range of complex political factors. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos companies accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our attorneys have held manufacturers, insurance companies and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts which are assigned cases by judges with experience in asbestos matters.

The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members interact and discuss legal issues and strategies on the group's plaintiff-only list server, at annual and winter conventions and participate in educational seminars on asbestos litigation.