15 Of The Top Asbestos Litigation Bloggers You Should Follow

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Asbestos Litigation

Every asbestos case is different however the general procedure for defending against claims based on asbestos lawyers is the same. Your lawyer will require you to take an interview with the plaintiff.

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

Find out the source of exposure

The identification of asbestos exposure is a crucial step in submitting an asbestos claim. Often, victims' attorneys may use medical records to determine the cause of asbestos. This can help victims receive compensation from the companies responsible for their asbestos exposure.

Mesothelioma victims and their families require compensation to cover the cost of mesothelioma treatment. Compensation can also help families cope with the emotional burden of a mesothelioma diagnosis.

Asbestos lawsuits are complicated legal cases, and victims must be aware of their rights and how the process works. While attorneys can handle a lot of aspects of a case victims are expected to participate in their own case. This includes responding to requests for discovery and attending court depositions.

It is also important to remember that the statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos attorney whenever you can. In the event of not filing a claim within the appropriate time frame could result in missing out on financial compensation.

In some cases, victims were exposed to asbestos-containing products produced by various companies. In these instances, victims lawyers might need to identify the manufacturers of each product, in addition to the contractors or employers who supplied the asbestos-containing products.

Asbestos lawsuits are the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing an Database

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

To build a strong defense in a case involving asbestos attorneys need access to a database that can identify possible sources of exposure. This includes reviewing job sites, interviewing co-workers and getting records from employers and suppliers. The process also involves the search for and interviewing nurses and doctors who can testify about asbestos exposure.

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

Asbestos attorneys should also access to a program that allows them to identify potential defendants and locate potential exposure sites. This information is available to attorneys can save time and money.

Following the massive bankruptcy of many asbestos manufacturers the plaintiffs' lawyers were seeking new defendants to name in their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and lawsuits that name less than 100 defendants are rare.

Identifying the defendants

The majority of asbestos cases are based on factual evidence that is discovered. Asbestos companies have denied for a number of years that their products could cause harm, but after the lawsuits began documents from the company revealed 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 at his workplace, that he inhaled dust from the product and that exposure to the product was a major reason for his injuries.

Because asbestos cases have multiple defendants, the method of identifying defendants is different than a typical personal injury case. By interviewing family and coworkers members, examining invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples collected from the plaintiff's workplace as well as home, it is possible to create a database that links employers locations, workplaces, and products. The type of asbestos used - amosite, chrysotile or crocidolite - is helpful in identifying defendants because each product is produced by the same manufacturer.

The defendants must take the time to review these facts and identify the possible sources of exposure. This may require a review of more than forty years of a person's life through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it's difficult and costly to create an accurate database.

Due to the huge number of asbestos cases, and the limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants to share resources and prevent duplication of discovery.

Developing a Case

Asbestos lawsuits require a lot of research and the review of many documents. This can be particularly challenging because exposure to asbestos typically was a long time before the victim was diagnosed with a disease. To identify the source of the asbestos exposure, lawyers must conduct an interview and go through thousands of pages of documents, such as employment records and union documents tax files, social security records, lab and medical reports.

The attorneys representing the plaintiffs must also do everything they can to identify other 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 investigate organizations that could have a connection to asbestos, even if they haven't been named in the litigation.

This process can be extremely long and time-consuming, particularly when the claimant suffers from mesothelioma, or other serious illnesses. It can be difficult to locate witnesses and to gather evidence.

A mesothelioma lawyer will establish all potential defendants, and their relationship to victim's exposure. This may be a thorough analysis of the past 40 years of the victim's life, which may include interviews as well as a review of their social security, labor, union and tax records.

A successful asbestos litigation strategy requires a lot of experience in this tangled legal field. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending businesses in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience in establishing and developing important defenses including expert testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must meticulously prepare their cases ahead of trial to ensure that their clients can present the strongest evidence and arguments possible. This involves reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used in the trial. This process can be several years in the case of complex cases.

Before developing mesothelioma, many asbestos patients develop a lesser disease, such as asbestosis or the pleural plaque or pleural fibrosis. Asbestosis can cause chest pain, coughing and breathing problems.

Attorneys for asbestos victims should also look over the evidence to identify potential defendants that could be held accountable for the asbestos-related injuries. This may involve interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining a variety.

After identifying a potential defendant an attorney must determine the responsibility of the party. The defendants may be individuals, corporations or governmental agencies. They are accountable for their wrongful actions.

Congress has proposed several legislative solutions to end asbestos lawsuits. However, these attempts have failed due to a number of complicated political motives. Asbestos victims and their lawyers are still committed to holding negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the nation. Our lawyers have held manufacturers, insurance companies and other responsible parties accountable for their role in asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts which are assigned cases by judges who have expertise in asbestos lawyers cases.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members network and discuss legal issues and strategies on the Group's only for plaintiffs list server at the annual and winter conventions and in educational seminars on asbestos litigation.