Asbestos Litigation

Each asbestos case is unique, but the general procedure for defending against such claims is similar. Your attorney should take a deposition of the plaintiff.

The exposure of a person to asbestos can be triggered by numerous sources, not only an employer or a company. This is the reason asbestos cases typically involve multiple defendants.

Determine the source of exposure

In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, victims' attorneys can use medical documents to determine the source of asbestos lawsuit. This could help victims receive compensation from the companies that are responsible for their 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 proceedings, and the victims need to know their rights and how the process works. While attorneys are able to handle a variety of aspects of a case victims are expected to participate in their own case. This includes responding quickly to discovery requests and participating in court depositions.

Remember that the statutes of limitations are restricted in New York, and you should consult an asbestos attorney as soon as you can. Failing to file an asbestos claim within the proper timeframe could result in missing out on financial compensation.

In a few instances asbestos-containing products produced by several companies have been used to expose victims. In such cases, the victims' attorneys will need to identify all the asbestos-containing products as well as the employers and contractors who supplied the asbestos-containing products.

Asbestos lawsuits are the longest-running mass tort in American history. It is responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. However, asbestos defendants continue to dispute evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating an Database

A lawsuit involving mesothelioma or other asbestos-related illnesses 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) and many of the same law firms representing plaintiffs, and a lot of the same expert witnesses.

To be able to build a successful defense in an asbestos-related case attorneys need access to a vast database that can help identify potential sources of exposure. This includes reviewing the work site, speaking with coworkers and getting documents from suppliers and employers. This involves finding and interviewing nurses or doctors who might 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. In these cases it is possible to recreate a complete insurance program and claims database making use of multiple sources, including loss runs, claim files internal system, as well as defense counsel records. It can take years, or even years, to complete.

Asbestos lawyers should also have access to a program that allows them locate potential exposure sites and identify potential defendants. Attorneys can save time and money by having this information at their fingertips.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys looked for new defendants for their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and suits that name less than 100 defendants is a rarity.

Identifying the Defendants

The majority of asbestos attorneys lawsuits are based on evidence based on facts that are discovered. asbestos lawsuit firms have denied for many years that their products could cause harm, but once lawsuits started documents from the company revealed evidence of the dangers. These documents can assist plaintiffs prove that specific defendants products were responsible for their injuries. In order to win a lawsuit the plaintiff must prove that the defendant's product were used in his work place, that he breathed in dust from the product and that the exposure was a major reason for his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different from the typical personal injury case. By interviewing coworkers and family members, looking over invoices and work orders, getting documents from vendors and suppliers, and analyzing asbestos samples collected from the plaintiff's workplace and home, it is possible to create a database that links employers locations, workplaces, and products. It is also a good way to identify defendants if you are aware of the kind of asbestos, like amosite or chrysotile.

The defendants are required to thoroughly look over these facts and identify all possible sources of exposure. This can include a review of over 40 years of records from the Social Security, tax, union and other documents of a worker. Because of the long time lag of asbestos-related injuries, it's difficult and expensive to establish an accurate database.

Due to the sheer number of cases and the insufficient resources of many defendants asbestos cases are often referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent duplication of discovery.

Case Development

Asbestos suits require extensive study and examination of many documents. This can be a particularly difficult task, since asbestos exposure often occurs years before the victim becomes ill. To identify the sources of exposure, attorneys need to conduct interviews and go through thousands of pages of documentation such as employment records, union documents as well as social security and tax files, and medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to locate other defendants. In certain cases, there could be as high as 40 defendants. To accomplish this, they need to look down the supply chain to look into companies that could have a link to asbestos but who are not named in the lawsuit.

This process is often very long and time-consuming, particularly when a claimant is suffering from mesothelioma and other severe illnesses. Additionally, it is often difficult to find witnesses and to obtain physical evidence.

A mesothelioma lawyer will attempt to determine the identity of all defendants and the connection to the victim's exposure. This could involve a thorough review over the past 40 years of the victim's life. This may include interviews as well as a review of their social security, labor, union and tax records.

A successful asbestos litigation strategy is dependent on years of experience in a complex area of law. Since the time we were founded in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending companies in multi-jurisdictional, industry-wide litigation. We are the 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 a wealth of experience formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Prepare for trial

Lawyers need to carefully prepare their cases before trial so that their clients can present the strongest evidence and arguments possible. This includes reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the trial. The process can take lengthy in cases that are complex.

Many asbestos sufferers have a less severe illness like asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's development. Asbestosis can cause chest pain, coughing and breathing problems.

Attorneys representing asbestos victims must also carefully review the evidence to identify potential defendants that could be held accountable for the asbestos-related harms. This involves interviewing co-workers and family members, asbestos asbestos manufacturers, asbestos attorney abatement workers and obtaining various documents.

Once a defendant has been identified, an attorney must determine the liability of the defendant. The defendants could be individuals, businesses or government agencies. They are accountable for their wrongful actions.

A variety of legislative solutions to end asbestos litigation have been proposed in Congress. These efforts haven't been effective due to a myriad of complicated political issues. Asbestos victims, their lawyers and the government are determined to hold negligent asbestos companies accountable for their behavior.

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 parties accountable for their involvement in asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts where cases are supervised by judges with experience in asbestos-related matters.

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