Asbestos Litigation

Each asbestos case is unique, but the general procedure for defending against such claims is similar. Your lawyer will require you to conduct depositions of the plaintiff.

The cause of asbestos exposure could be numerous, not only one employer or company. This is why asbestos cases typically involve multiple defendants.

Identifying the source of exposure

Identifying asbestos exposure is a crucial step in submitting an asbestos claim. Often, the attorneys of victims may use medical documents to determine the source of asbestos. This can assist victims in obtaining compensation from the companies that are accountable for asbestos exposure.

Compensation is required by mesothelioma patients as well as their families to cover the cost of costly treatment. Compensation can help families cope emotionally with a mesothelioma diagnoses.

Asbestos cases can be a complicated legal issues. Victims need to know their rights and procedures. While attorneys can handle a lot of aspects of a case the victims are expected to be involved in their case as well. This includes responding to discovery requests and attending depositions.

Remember that the statutes are restricted in New York, and you should seek advice from an asbestos lawyer as soon as you can. Failure to file an asbestos claim within the proper timeframe could result in missing out on financial compensation.

In some cases victims were exposed to asbestos products manufactured by various companies. In these instances, victims' attorneys will have to determine the source of all asbestos-containing products, as well the companies and Asbestos Law and Litigation contractors that supplied the materials.

Asbestos litigation has been the longest-running mass tort in American history. It's the cause of numerous bankruptcy filings from asbestos producers. Many of these companies have set up trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to challenge evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making an Database

A case involving mesothelioma or other asbestos-related diseases is different from any typical personal injury lawsuit. In a lot of asbestos litigation cases, the plaintiffs are represented by same law firms and same expert witnesses.

In order to develop a viable defense in an asbestos litigation defense-related case, attorneys must have access to a vast database that can pinpoint potential sources of exposure. This includes looking over the websites of employers, speaking with coworkers and getting information from suppliers and employers. This involves finding and interviewing doctors or nurses who may be able to provide evidence regarding asbestos exposure.

This kind of database can be difficult to create, particularly in the event that the data was lost over time. When this happens, it can require the reconstruction of an entire claims database and insurance program, often from a variety of sources, including loss runs and claim files, internal systems and defense counsel records. It can take a long time or even decades to complete.

Asbestos lawyers also need access to a software that allows them to locate potential exposure sites and identify potential defendants. The information that is at the fingertips of attorneys can help save time and money.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys looked for new defendants for their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the volume is paramount and suits naming fewer than 100 defendants are not common.

Identifying the Defendants

The truthful basis of asbestos cases 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 specific defendants products caused their injuries. In order to win a lawsuit the plaintiff must prove that the defendant's products were used in the workplace, and that he inhaled dust from the product and that the exposure was a major reason for his injuries.

Asbestos cases often involve several defendants. The method of identifying them differs from a personal injury lawsuit. The most important thing what is asbestos litigation to create a database linking employers locations, products and locations by speaking with relatives and coworkers looking over work orders and invoices as well as documents from vendors and suppliers and analyzing samples from the plaintiff's home and work websites. The type of asbestos involved - amosite, chrysotile or Crocidolite - could be helpful in identifying defendants as each product is produced by a different manufacturer.

The defendants are required to thoroughly review these facts, and determine the possible exposure sources. This could include a thorough review of more than 40 years of records from the Social Security, tax, union, and other records of a worker. Due to the lengthy latency of asbestos-related injuries, it can be difficult and costly to build an accurate database.

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

Case Development

Asbestos suits require extensive research and the examination of numerous documents. This can be a particularly difficult job, as asbestos exposure is often a long time before the person who suffers from illness. To pinpoint the source of asbestos exposure, lawyers must conduct interviews and go through thousands of pages of documents including employment records and union documents as well as tax files, social security records, medical and lab reports.

The lawyers representing the plaintiffs have to do everything they can to find additional defendants. In certain cases, there could be up to 40 defendants. To achieve this, they must look further down the supply chain and investigate companies that may have a connection to latest asbestos litigation, but have not been named in the lawsuit.

This process can be extremely long and time-consuming, particularly 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 lawyer will identify the potential defendants and their relationship to victim's exposure. This can include a thorough examination of the past 40 years of the victim's life. This may include interviews as well as a review of their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy requires extensive experience in this complex legal field. Since its inception in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending companies in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide variety of defendants, including distributors, manufacturers, and contractors. We have a wealth of experience developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Prepare for trial

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

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

Asbestos victims' attorneys must also carefully review the evidence to identify any potential defendants who could be held accountable for asbestos-related injuries. This includes interviewing family members, coworkers asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, as well as obtaining various documents.

Once an attorney has identified a potential defendant, they must determine the liability of that party. The defendants may be individuals, corporations or governmental agencies. They must be held responsible for their wrongful actions.

Congress has proposed several legislative solutions to settle asbestos lawsuits. The efforts have not been effective due to a myriad of complicated political issues. Asbestos victims along with their lawyers and government remain committed to holding asbestos companies accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the nation. Our attorneys have held manufacturers, insurance companies, and other responsible parties accountable for their role in the asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts in which cases are assigned to judges that are experienced with asbestos-related issues.

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