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Asbestos Litigation

Each asbestos case is different however, the general procedure to defend these claims is the same. Your attorney will want to take a deposition of the plaintiff.

The cause of asbestos exposure can be numerous, not only one company or employer. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

Identifying asbestos exposure is a crucial step in submitting an asbestos claim. Lawyers representing victims typically utilize medical records to determine asbestos' source. This can help victims receive compensation from the companies liable for their asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to pay for the cost of costly treatment. Compensation can help families cope when a mesothelioma diagnosis is announced.

Asbestos cases are a complex legal issues. The victims must be aware of their rights and the procedure. While attorneys can handle a lot of aspects of a case victims are expected to participate in the case too. This includes responding to discovery requests and taking depositions.

Be aware that the statutes are restricted in New York, and you should consult an asbestos attorney as soon a possible. In the event of not filing an asbestos lawyer claim within the proper time frame could result in a denial on financial compensation.

In some cases 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, as well as the employers or contractors who supplied asbestos-containing 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 set up trust funds for asbestos lawyers victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is in spite of the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

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

To be able to build a successful defense in a case involving asbestos attorneys need access to a database that can help identify potential exposure sources. This includes examining the job site, talking to coworkers and obtaining documents from employers and suppliers. This involves finding and interviewing nurses or doctors who might be able to testify regarding asbestos exposure.

This type of database is difficult to create, particularly if the data has been lost over time. If this happens, it can require the reconstruction of a complete claims database as well as an insurance program, often from a variety of sources, including loss runs and claim files, internal systems and defense counsel records. It can take years, or even decades to complete.

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

After the collapse of several asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and lawsuits naming less than 100 defendants is rare.

Identifying defendants

The actual basis of asbestos cases is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but once lawsuits began the company's documents provided evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To win a case, the plaintiff must show that the defendant's product was used at the workplace and that he was exposed to it through inhalation of dust, and that the exposure to the dust was a major factor in his injuries.

Asbestos cases usually involve multiple defendants. The method of identifying them differs from a personal injury case. The key is to develop an information database that links employers locations, products and locations by interviewing co-workers and relatives as well as reviewing invoices and work orders, obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's home and workplace sites. The type of asbestos used such as amosite, chrysotile or crocidolite - can also be helpful in identifying defendants because each product is made by an individual manufacturer.

The defendants are required to thoroughly review these facts, and determine the possible sources of exposure. This may include a review of over 40 years of records from Social Security, tax, union and other records of workers. Because the latency of asbestos injuries is so long, creating an accurate database requires a lot of time and costly research.

Due to the huge number of cases and the insufficient resources of many defendants asbestos cases are often transferred to multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to share resources and also avoid duplicate discovery.

Case Development

Asbestos suits require a lot of investigation and the review of many documents. This can be a challenge since exposure to asbestos often was a long time before the victim became sick. To pinpoint the source of the asbestos exposure, lawyers must conduct interview and carefully examine thousands of documents, such as union and employment records as well as tax files, social security files and medical and laboratory reports.

The plaintiffs' lawyers also must do their best to find additional defendants. In many cases, the number defendants could be as high as 30 or 40. To achieve this, they must look further down the supply chain and research companies that may have a connection to asbestos, but have not been identified in the lawsuit.

This process is often very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma and other severe diseases. In addition, it can be often difficult to find witnesses and obtain physical evidence.

A mesothelioma lawyer will attempt to identify all defendants and their connections to the victim's exposure. This may require a thorough review of more than 40 years of the victim's life through interviews as well as a review of their social security, union, and tax records.

A successful asbestos litigation strategy depends on years of experience in a complicated area of law. Since the time we were founded back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leader in the nation in defending businesses in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel and liaison counsel as well as managing the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive experience in establishing and developing key defenses, expert testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must carefully prepare their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they could be. This includes reviewing medical records and prepping all witnesses. It also involves identifying the exhibits that will be used in the trial. The process can take several years in the case of complex cases.

Many asbestos patients develop a less severe disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's onset. Asbestosis symptoms include tightening of the lungs that could cause breathing problems, coughing, chest pain and so on.

Lawyers for asbestos victims must also review the evidence to identify potential defendants who could be held responsible for the asbestos-related harms. This may involve interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement workers and obtaining various documents.

Once an attorney has identified a potential defendant, they must then determine the liability of the party. The defendants can be individuals, businesses or government agencies. They are held accountable for their actions that were negligent.

Congress has enacted a number of legislative solutions to end asbestos lawsuits. However, these initiatives have not been successful due to a number of complicated political motives. Asbestos victims along with their lawyers and government are 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 asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts, where cases are assigned to judges familiar with asbestos lawsuit-related issues.

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