20 Trailblazers Leading The Way In Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique however, the general procedure to defend against claims based on asbestos is the same. Your attorney will want to conduct a deposition with the plaintiff.

The exposure of an individual to asbestos can come from multiple sources, not just an employer or a company. This is the reason asbestos cases typically involve multiple defendants.

Identifying the source of exposure

In order to file an asbestos claim, it is essential to determine the source of asbestos exposure. Lawyers for victims often make use of medical records to determine the source of asbestos. This can help victims get compensation from the companies that are accountable for asbestos exposure.

Mesothelioma victims and their families need compensation to cover expensive mesothelioma-related treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma being diagnosed.

Asbestos cases are a complex legal cases. Victims must be aware of their rights and procedures. While attorneys are able to handle a variety of aspects of a case they are expected to participate in the process. This includes responding to discovery requests and attending court depositions.

Remember that the statutes are restricted in New York, and you should consult an asbestos attorney (timeoftheworld.date) immediately if you are able to. If you do not file your claim within the prescribed time period you could be unable to collect on financial compensation.

In some cases asbestos-containing products manufactured by several companies have been used to expose victims. In such cases, the lawyers representing the victims will have to determine the source of all asbestos attorneys-containing products, and the employers and contractors who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of dozens of bankruptcy filings by asbestos manufacturers. Many of these companies established trust funds for asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos lawyer exposure to mesothelioma or lung cancer. This is despite research by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making the Database

A case involving mesothelioma or other asbestos-related diseases is distinct from a typical personal injury case. In many cases asbestos litigation, there are a lot of the same defendants (companies that are being sued) as well as many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.

To build a strong asbestos defense, attorneys need to have access to a vast database that can pinpoint potential exposure sources. This includes examining the work site, speaking with coworkers, and obtaining documents from suppliers and employers. This involves locating and interviewing doctors or nurses who might be able to be able to testify about asbestos exposure.

Developing this type of database can be a challenge, especially in cases where the data has been lost or destroyed over the course of time. In these instances, it may be necessary to reconstruct a complete insurance program and claims database making use of multiple sources, such as loss runs and claim files, internal system and defense counsel records. It could take years, or even years, to complete.

Asbestos lawyers must also access to a program that lets them identify potential defendants and potential exposure sites. Attorneys can cut down on time and money by having this information readily available.

After the mass bankruptcies of many asbestos producers attorneys for plaintiffs sought new defendants to name in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and suits naming fewer than 100 defendants are not common.

Identifying the defendants

The majority of asbestos cases are based on evidence based on facts that are discovered. Many asbestos companies resisted for years that their products could cause harm to people, but after the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can aid plaintiffs establish that certain defendants products were responsible for their injuries. In order to win a lawsuit a plaintiff has to prove that the defendant's products were used at his work place, that he breathed in dust from the product and that this exposure was a major factor in his injuries.

Asbestos cases often involve multiple defendants. The method of identifying them is different from a personal injury lawsuit. By interviewing family and coworkers members, reviewing invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's workplace as well as home it is possible to build a database that links employers locations, workplaces, and products. The type of asbestos used - amosite, chrysotile, or crocidolite - can also be useful in identifying defendants since each product is made by a different manufacturer.

Defendants are required to carefully look over these facts and determine all possible exposure sources. This can include a look at more than 40 years of records from the Social Security, tax, union and other documents of the worker. Because the time between asbestos-related injuries is so long, the creation of an accurate database is a lengthy and costly discovery.

Due to the huge number of asbestos cases and 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 the opportunity to share resources and avoid duplication of discovery.

The process of creating a case

Asbestos suits require a lot of research and the examination of numerous documents. This can be a challenge since exposure to asbestos often occurred years before a victim developed a health issue. To identify the source of exposure, lawyers need to conduct interviews and look over the thousands of pages of documents including union documents, employment records as well as tax and social security files, and medical and laboratory 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 need to look further down the supply chain and research entities with a possible nexus to asbestos, even if they haven't been identified in the lawsuit.

This process is lengthy, especially if the claimant has mesothelioma or any other serious illness. In addition, it can be often difficult to find witnesses and get physical evidence.

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

A successful asbestos litigation strategy depends on extensive experience in a tangled 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 firms involved in industry-wide, multi-jurisdictional 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 formulating and drafting key defenses, expert testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers need to carefully prepare their cases prior to trial so that their clients have the strongest evidence and arguments possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying evidence to be used in the trial. This process can take several years in the case of complex cases.

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

Lawyers for asbestos victims must also carefully look over the evidence to identify potential defendants that could be held accountable for the asbestos-related harms. This includes interviewing coworkers or family members, asbestos manufacturers, asbestos abatement employees and obtaining various documents.

Once a defendant is identified as a possible defendant an attorney must determine the legal liability of the party. The defendants may be individuals, corporations or government agencies. They must be held accountable for their negligent actions.

A variety of legislative solutions to end asbestos attorneys litigation have been suggested in Congress. These efforts have not been successful due to a variety of complex political factors. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our attorneys have held insurance companies, and other responsible parties accountable for their involvement in asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts which are assigned cases by judges who have experience in asbestos cases.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members meet and discuss legal issues and strategies on the Group's plaintiff-only list server during the annual and winter conventions, and participate in educational seminars on asbestos lawsuits litigation.