Asbestos Litigation

Every asbestos case is different however, the general procedure for defending against such claims is similar. Your attorney should conduct a deposition with the plaintiff.

A person's exposure to asbestos attorney can come from numerous sources, not only a single employer or company. This is why asbestos cases typically involve multiple defendants.

Identifying the source of exposure

In order to file an asbestos claim, it is crucial to pinpoint asbestos exposure. Attorneys for victims can often utilize medical records to determine asbestos' source. This can help victims receive compensation from the companies that are responsible for asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to pay for the cost of costly treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma diagnosis.

Asbestos lawsuits are complex legal cases, and victims need to understand their rights and how the process works. Attorneys are able to handle many aspects of a case, they are expected to participate in the proceedings. This includes responding to discovery requests and attending depositions.

It is also important to remember that the statutes of limitations in New York are limited, and it is important to consult an experienced asbestos lawyer as soon as possible. If you don't file your claim within the prescribed timeframe you could be denied on financial compensation.

In some instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, victims lawyers might need to identify the manufacturers of each product, in addition to the employers or contractors who supplied the asbestos-containing products.

Asbestos litigation has been the longest-running mass tort of American history. It is responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. But asbestos defendants continue to contest evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory diseases. This is despite research by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Developing an Database

A lawsuit involving mesothelioma or other asbestos lawyer-related diseases differs from a typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies who 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 asbestos defense, lawyers have to have access to a vast database that can identify possible exposure sources. This involves reviewing the websites of employers, speaking with coworkers and obtaining documents from suppliers and employers. The process also requires finding and interviewing doctors and nurses who can testify about asbestos exposure.

This kind of database can be difficult to build, particularly when the data has been lost over time. In these cases it could be necessary to recreate a complete insurance program and claims database, using multiple sources, such as loss runs and claim files internal system and defense counsel records. This can take years, or even years, to complete.

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

Following the massive bankruptcy of many asbestos manufacturers attorneys for plaintiffs sought new defendants to name in their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and suits naming less than 100 defendants is rare.

Identifying the Defendants

The truthful basis of asbestos lawsuits is often established through discovery. Many asbestos companies resisted for decades that their products could harm people, but when the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can aid plaintiffs prove that specific defendants' products caused their injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was used at his workplace, that the worker was exposed to it through inhalation of dust, and that the exposure was a significant reason for his injuries.

Asbestos cases often involve multiple defendants. The method of identifying them differs from a personal injury case. By interviewing coworkers and family members, looking over invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's work place and home, it is possible to create an information database that connects employers as well as locations and products. It can also help to identify defendants if one knows the kind of asbestos, such as amosite or chrysotile.

Defendants must carefully look over these facts and determine the possible exposure sources. This could include a review of over 40 years of records from Social Security, tax, union, and other records of the worker. Because the time between asbestos injuries is so long, establishing an accurate database is a lengthy and costly investigation.

Because of the large numbers of cases and the limited resources of defendants Many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent the duplication of discovery.

Developing a Case

Asbestos suits require a lot of investigation and the review of many documents. This can be a difficult task, since asbestos exposure often occurs years before a person is diagnosed with a disease. To pinpoint the source of the asbestos exposure, lawyers must conduct interviews and examine thousands of documents including union and employment records, tax files and social security files, medical and lab reports.

The plaintiffs' attorneys must do all they can to find other defendants. In many cases, the number of defendants can be as high as 30 or 40. To achieve this they must go further down the supply chain and look into entities with a possible nexus to asbestos, but have not been identified in the lawsuit.

This process is time-consuming, especially if the claimant has mesothelioma or any other serious illness. Additionally, it is often difficult to locate witnesses and get physical evidence.

A mesothelioma lawyer will determine all potential defendants, and their connection to victim's exposure. This can be a thorough analysis of the past 40 years of the victim's life. This may include interviews and a look at their social security, labor, union and tax records.

A successful asbestos litigation strategy is dependent on a wealth of experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel in representing and managing the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience formulating and drafting important defenses including expert testimony, jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must meticulously prepare their cases prior to 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 at the trial. This can take a lot of time in cases that are complex.

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

Asbestos victims' attorneys must also scrutinize the evidence to determine any possible defendants who could be held accountable for the asbestos-related injuries. This includes interviewing coworkers or family members, abatement workers, asbestos lawyer manufacturers and obtaining a variety.

After identifying a potential defendant an attorney must determine the liability of this party. The defendants may be individuals, companies or governmental organizations. They are held accountable for their wrongful actions.

Several legislative remedies to resolve asbestos litigation have been proposed in Congress. These efforts haven't been effective due to a myriad of complex political factors. Asbestos victims as well as their lawyers and the government remain committed to holding 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 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 where cases are supervised by judges who have experience in asbestos-related matters.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at annual and Winter conventions.