Asbestos Litigation

Each asbestos case is unique however the process for defending such claims is similar. Your lawyer will require you to conduct an interview with the plaintiff.

A person's exposure to asbestos can be triggered by multiple sources, not just a single employer or company. This is the reason asbestos cases typically involve multiple defendants.

Determine the source of exposure

Recognizing asbestos exposure is an important step to file an asbestos attorneys claim. Attorneys for victims can often use medical records to determine asbestos attorney' source. This can assist victims in obtaining compensation from the companies accountable for asbestos attorney exposure.

Mesothelioma victims and their families need compensation to cover the cost of mesothelioma-related treatment. Compensation can also help families cope with the emotional burden of mesothelioma being diagnosed.

Asbestos lawsuits can be a complicated legal proceedings, and the victims need to know their rights and how the process works. While attorneys can handle many aspects of a case, the plaintiffs are expected to take part in their own case. This includes responding to discovery requests and participating in court depositions.

Be aware that the statutes are restricted in New York, and you should seek advice from an asbestos lawyer as soon a possible. In the event of not filing a claim within the appropriate timeframe could result in a denial on financial compensation.

In a few instances asbestos-containing products produced by several companies have been used to expose victims. In these instances, victims lawyers may be required to identify the companies that made each product, as well as the contractors or employers who supplied asbestos-containing materials.

Asbestos litigation has been the longest-running mass tort of American history. It is responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies 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 case involving asbestos-related diseases or mesothelioma differs from a typical personal injury claim. In many asbestos litigation cases, plaintiffs are represented by the same law firms and the same expert witnesses.

To develop a successful asbestos defense, lawyers need to have access to a vast database that will help them identify potential exposure sources. This involves reviewing the work site, speaking with coworkers, and obtaining documents from suppliers and employers. This process involves locating and interviewing nurses or doctors who may be able provide evidence regarding asbestos exposure.

This kind of database is difficult to build, particularly in the event that the data was lost over time. When this happens, it can necessitate the reconstruction of an entire claims database and insurance program, typically from multiple sources such as loss runs claims files, internal systems, and defense counsel records. This can take many years or even decades to complete.

Asbestos lawyers also need access to a program that allows them to locate potential exposure sites and identify potential defendants. This information is at the fingertips of lawyers can save both valuable time and money.

Following the massive bankruptcy of many asbestos manufacturers attorneys for plaintiffs sought new defendants to name in their lawsuits. Because of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and suits that name less than 100 defendants is rare.

Identifying defendants

The factual foundation of asbestos cases is often established through discovery. Many asbestos companies resisted for many years that their products could harm people, but after the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product were used in the workplace, that he inhaled dust from the product, and that the exposure was a major factor in his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different than the typical personal injury case. The most important thing is to create an information database that links employers, locations and products through interviews with co-workers and relatives as well as reviewing work orders and invoices, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and employment sites. The type of asbestos involved - amosite, chrysotile or crocidolite - can also be useful in identifying defendants since each product is produced by the same manufacturer.

The defendants must be attentive to the facts and determine the 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 records. Because of the long time lag of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Due to the high volume of asbestos cases and insufficient resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This allows defendants to share resources and prevent duplicate discovery.

Developing a Case

Asbestos lawsuits require a lot of investigation and the review of a large number of documents. This can be particularly challenging since exposure to asbestos often occurred years before a victim developed a health issue. To identify the source of asbestos exposure, attorneys must conduct interviews and go through thousands of pages of documents, such as employment records and union documents as well as tax files, social security files and medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to locate other defendants. In many cases, the number of defendants can be as high as 30 or 40. To achieve this, they must look further down the supply chain and investigate organizations that could have a connection to asbestos, even if they haven't been named in the litigation.

This process is lengthy, especially when the plaintiff suffers from mesothelioma, or other serious illnesses. It can be difficult to find witnesses and gather physical evidence.

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

A successful asbestos litigation strategy is dependent on a wealth of experience in a tangled area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our inception back in 1994. We are the nationally recognized as leaders in the defense of companies involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including product manufacturers distributors, suppliers, and contractors. We have extensive expertise in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Prepare for trial

Lawyers must be careful in preparing their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they can be. This involves reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the case. This can take a lot of time in cases that are complex.

Many asbestos patients are diagnosed with a less serious disease like asbestosis, the pleural plaque or fibrosis, prior to the development of mesothelioma. Asbestosis symptoms include tightening of the lungs which can cause breathing difficulties, coughing, and chest pain.

Asbestos victims' lawyers must also scrutinize the evidence to identify any potential defendants who could be held accountable for the asbestos injuries. This includes interviewing coworkers and family members, asbestos attorneys abatement workers, asbestos manufacturers and obtaining a variety.

Once a lawyer has identified a possible defendant, they must then determine the liability of that party. The defendants may be individuals, corporations or government agencies. They are accountable for their negligent actions.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, these attempts have not been successful due to a variety of political issues. Asbestos victims along with their lawyers and government are determined to hold negligent asbestos firms accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our attorneys have held insurance companies and other responsible parties accountable for their involvement in the asbestos attorneys exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts where cases are assigned to judges who are familiar with asbestos issues.

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