15 Of The Top Asbestos Litigation Bloggers You Must Follow

Asbestos Litigation

Every asbestos lawyer case is different, but the general procedure for defending against claims based on asbestos is the same. Your lawyer will require you to conduct depositions of the plaintiff.

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

Determine the source of exposure

Recognizing asbestos exposure is an important step to file an asbestos claim. Attorneys for victims can often utilize medical records to determine asbestos' source. This can assist victims in receiving compensation from the companies liable for their asbestos exposure.

Compensation is essential for mesothelioma patients and their families to pay for the cost of costly treatment. Compensation can also help families cope with the emotional burden of mesothelioma diagnosis.

asbestos lawyer lawsuits are complicated legal proceedings, and the victims need to know their rights and the way in which the process operates. Attorneys are able to handle a variety of aspects of a case they are expected to be involved in the case. This includes responding promptly to discovery requests and participating in court depositions.

Be aware that the statutes are limited in New York, and you should seek advice from an asbestos lawyer immediately if you are able to. Failure to file an asbestos claim within the required timeframe could result in a denial on financial compensation.

In a few instances asbestos-containing products produced by multiple companies have been used to expose victims. In these instances, lawyers representing the victims have to determine the source of all asbestos-containing products as well as the contractors and employers who supplied the materials.

Asbestos litigation has been the longest-running mass tort of American history. It is the cause of numerous bankruptcy filings from asbestos producers. Many of these companies established trust funds for asbestos victims. However, asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is despite research by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

The process of creating a Database

A lawsuit involving mesothelioma or other asbestos-related illnesses differs from a typical personal injury lawsuit. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms and same expert witnesses.

To develop a successful asbestos defense, lawyers need to have access to an extensive database that can identify possible exposure sources. This includes looking over job sites, talking to coworkers and collecting records from employers and suppliers. This involves locating and interviewing nurses or doctors who may be able to be able to testify about asbestos exposure.

This kind of database is difficult to develop, especially when the data has been lost over time. When this occurs it may require the reconstruction of an entire claims database and insurance program, often from multiple sources such as loss runs, claim files, internal systems and defense counsel records. This can take years, or even years to complete.

Asbestos lawyers also need access to a program that allows them locate potential exposure sites and identify potential defendants. The information that is available to attorneys can save both valuable time and money.

Following the massive bankruptcies of many asbestos producers, plaintiffs' lawyers sought new defendants to name in 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 that name fewer than 100 defendants are not common.

Identifying Defendants

Often, asbestos cases are founded on evidence based on facts that are discovered. Asbestos companies denied for many years that their products could cause harm, but when lawsuits started the company's documents exposed evidence of the dangers. These documents can be used to prove that specific products of the defendant caused 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 this exposure was a major reason for his injuries.

Since asbestos cases have multiple defendants, the method of identifying defendants is different than an ordinary personal injury case. By interviewing coworkers and family members, reviewing invoices and work orders, getting documents from vendors and suppliers, and analyzing asbestos samples taken from the plaintiff's work place and home, it is possible to create an online database that links employers as well as locations and products. It can also help to identify defendants if one knows the type of asbestos such as chrysotile or amosite.

The defendants are required to thoroughly look over these facts and determine the possible sources of exposure. This may include a thorough review of more than 40 years of records from the Social Security, tax, union and other records of the worker. Because of the long time lag of asbestos-related injuries, it can be difficult and costly to create an accurate database.

Due to the large number of asbestos cases and the insufficient resources of defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants to share resources and also avoid duplicate discovery.

Developing a Case

Asbestos lawsuits require extensive research and the examination of many documents. This can be particularly difficult since exposure to asbestos often occurred years before a victim developed a health issue. To determine the source of exposure, attorneys need to conduct interviews and look over the thousands of pages of documents such as employment records, union documents, tax and social security files and medical and laboratory reports.

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

This process can be extremely time-consuming, especially if the claimant has mesothelioma, or other serious illnesses. In addition, it is often difficult to find witnesses and get physical evidence.

A mesothelioma lawyer will establish the potential defendants and their connection to victim's exposure. This could involve a thorough review over the past 40 years of the victim's life, including interviews and a look at their social security, labor, union and tax records.

A successful asbestos litigation strategy requires a lot of experience in this complex area of law. Since the time we were founded back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional litigation that spans the entire industry. We serve as National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive experience in establishing and developing crucial defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for Trial

Lawyers must meticulously prepare their cases prior to trial to ensure that their clients can present the strongest evidence and arguments possible. This includes reviewing medical records, gathering all witnesses and identifying evidence to be used in the trial. This process can take a long time in complicated cases.

Many asbestos patients are diagnosed with a less serious disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's onset. Asbestosis can cause chest pain, coughing, and breathing difficulties.

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

Once a defendant has been identified An attorney must determine the liability of this party. The defendants could be individuals, companies or government agencies. They are accountable for their negligent actions.

Congress has proposed several legislative solutions to end asbestos lawsuits. However, these attempts have failed due to a variety of political issues. Asbestos victims, their lawyers and the government are committed to holding negligent asbestos firms accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the nation. Our attorneys have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges that are experienced with asbestos issues.

The asbestos attorneys Litigation Group welcomes all AAJ members including regular, life, sustainer, and President's Club members. Members interact 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.