The Most Worst Nightmare About Asbestos Litigation Bring To Life

Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending against such claims is similar. Your attorney will want you to take an interview with the plaintiff.

The cause of asbestos exposure can be many, not just one employer or business. This is why asbestos cases usually involve multiple defendants.

Determining the Source of Exposure

Identifying asbestos exposure is an important step in filing an asbestos claim. Often, attorneys representing victims can work with medical records to determine the source of asbestos. This could help victims receive compensation from the companies responsible for asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to pay for the expense of expensive treatment. Compensation can help families cope with the mesothelioma diagnosis.

Asbestos cases are a complex legal cases. Victims must be aware of their rights and procedures. While attorneys can 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 attending depositions in court.

Remember that the statutes of limitations are limited in New York, and you should seek advice from an asbestos attorney lawyer (More Material) immediately if you are able to. Failure to file an asbestos claim within the required time frame could result in a denial on financial compensation.

In some instances victims have been exposed to asbestos-containing products produced by various companies. In such cases, the lawyers representing the victims need to identify all the asbestos-containing products, and the contractors and employers who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of numerous bankruptcy filings filed by asbestos producers. Many of these companies have established trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making a Database

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

In order to develop a strong defense in an asbestos-related case attorneys need access to a vast database that can pinpoint potential sources of exposure. This involves reviewing the work site, speaking with coworkers and obtaining documents from suppliers and employers. The process also involves finding and interviewing nurses and doctors who are able to testify about asbestos exposure.

The creation of this type of database can be challenging, especially in cases where the data was lost or destroyed over the course of time. In these instances, it may be necessary to reconstruct an entire insurance program and claims database using multiple sources, including loss runs, claim files internal system, as well as defense counsel records. This can take many years or even years to complete.

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

Following the massive bankruptcy of asbestos producers the plaintiffs' lawyers were seeking new defendants to name in their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits naming less than 100 defendants is not common.

Identifying Defendants

The truthful basis of asbestos cases is often established through discovery. Many asbestos companies denied for decades that their products could harm people, but once the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can aid plaintiffs establish that certain defendants' products caused their injuries. To win a case the plaintiff must prove that the defendant's product was utilized at his work site, that they were exposed to it through inhalation of dust, and that the exposure to the dust was a major reason for his injuries.

Since asbestos cases have multiple defendants, the method of identifying defendants is different from a typical personal injury case. The key is to build an information database that links employers and their locations, as well as products. This is done through interviews with co-workers and relatives, reviewing invoices and work orders, obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's home and employment websites. It is also possible to identify defendants if one knows the type of asbestos such as amosite or chrysotile.

The defendants are required to thoroughly look over these facts and determine all possible exposure sources. This could include a look at more than 40 years of records from Social Security, tax, union and other documents of workers. Because the latency of asbestos-related injuries is so long, creating an accurate database is a lengthy and costly research.

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

Developing a Case

Asbestos lawsuits involve extensive research and the examination of a large number of documents. This can be a challenge since exposure to asbestos often was a long time before the victim was diagnosed with a disease. To identify the sources of exposure, lawyers need to conduct interviews and look over the thousands of pages of documents such as the employment records, union documents as well as tax and social security files and medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to identify additional defendants. In many cases, the number defendants can be as high as 30 or 40. To do this, they must look down the supply chain to investigate companies that could have a nexus with asbestos, but are not mentioned in the lawsuit.

This process can be very long and time-consuming, particularly when the claimant suffers from mesothelioma, or other serious diseases. In addition, it can be often difficult to locate witnesses and to obtain physical evidence.

An attorney for mesothelioma will try to establish all potential defendants and the connection to the victim's exposure. This could be a thorough analysis of the last 40 years of the victim's life, which may include interviews and a review their social security and union, as well as tax records.

A successful asbestos litigation strategy requires extensive experience in this complex 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 experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide variety of defendants, including product manufacturers, distributors, and contractors. We have extensive experience in establishing and developing important defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are as strong as they could be. This involves reviewing medical records and preparing all witnesses. It is also about identifying the exhibits that will be used in the trial. This process can take years in complicated cases.

Many asbestos sufferers develop a less severe disease like asbestosis, pleural plaque or fibrosis before the development of mesothelioma. Asbestosis symptoms include a tightening of the lungs which may cause difficulty breathing, coughing and chest pain.

Asbestos victims' attorneys must also carefully review the evidence to determine any potential defendants that could be held accountable for asbestos attorney-related injuries. This may involve interviewing coworkers or family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents.

Once a lawyer has identified a potential defendant, they need to determine the liability of that party. The defendants may be individuals, companies or governmental agencies. They are held accountable for their negligent acts.

Congress has proposed several legislative solutions to settle asbestos lawsuits. These efforts haven't been successful due to a variety of complex political factors. Asbestos victims along with their lawyers and government remain determined to hold negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the country. Our attorneys have held manufacturers, insurance companies, and other responsible entities accountable for their part in the asbestos attorneys exposure. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are supervised by judges who have expertise in asbestos cases.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.