15 Top Asbestos Litigation Bloggers You Should Follow
Asbestos Litigation
Each asbestos case is different, but the general process to defend these claims is the same. Your lawyer will ask you to take a deposition of the plaintiff.
The exposure of a person to asbestos can be triggered by many places, not just an employer or a company. That's why asbestos cases often involve multiple defendants.
Determine the source of exposure
Recognizing asbestos exposure is a crucial step in submitting an asbestos claim. Often, attorneys representing victims may use medical documents to determine the source of asbestos. This can help victims get compensation from the companies accountable for 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 a mesothelioma diagnosis.
asbestos lawyers lawsuits are complicated legal cases, and victims need to know their rights and the way in which the process operates. Attorneys are able to handle many aspects of a case they are expected to participate in the case. This includes responding to requests for discovery and attending depositions.
Remember that the statutes of limitations are limited in New York, and you should seek advice from an asbestos lawyer as soon as you can. If you do not submit your claim within the stipulated time period you could be denied on financial compensation.
In certain instances victims were exposed to asbestos products manufactured by several companies. In these cases, lawyers representing the victims will need to identify all the asbestos-containing products, and the employers and contractors who supplied the materials.
Asbestos litigation is the longest-running mass tort in American history. It has been responsible for numerous bankruptcy filings filed by asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.
The process of creating an Database
A mesothelioma lawsuit or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms as well as the same expert witnesses.
To develop a successful asbestos defense, attorneys need to have access to an extensive database that will help them identify potential exposure sources. This includes reviewing job sites, interviewing co-workers and getting records from employers and suppliers. This involves finding and interviewing doctors or nurses who may be able provide evidence regarding asbestos exposure.
This kind of database is difficult to develop, especially in the event that the data was lost over time. In these situations it is possible to recreate the entire insurance program and claims database, making use of multiple sources, including loss runs, claim files, internal system and defense counsel records. This can take years, or even decades to complete.
Asbestos attorneys must also have access to a program that permits them to identify potential defendants and potential exposure sites. The information that is at the fingertips of lawyers can help save time and money.
After the collapse of several asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is king and suits that name less than 100 defendants is a rarity.
Identifying Defendants
The factual foundation of asbestos cases is usually established through discovery. Asbestos companies denied for many years that their products could cause harm, but once lawsuits started, documents from the company provided evidence of the dangers. These documents can help plaintiffs prove that a specific defendant products caused their injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product were used at his work place, that he breathed in dust from the product and that this exposure was a major cause of his injuries.
Since asbestos cases have multiple defendants, the process of identifying defendants is different from a typical personal injury case. The key is to build a database linking employers locations, products and locations through interviews with co-workers and relatives as well as reviewing work orders and invoices and obtaining documents from suppliers and vendors, and analyzing samples from the plaintiff's home as well as workplace sites. It is also a good way to identify defendants if one knows the type of asbestos such as chrysotile or amosite.
Defendants must carefully review these facts and pinpoint the possible sources of exposure, which can involve a examination of more than 40 years of a worker's existence through Social Security, union, tax and other records. Because the time lag for asbestos injuries is so long, creating an accurate database requires a lot of time and costly investigation.
Due to the sheer number of cases and the limited resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This gives defendants to share resources and to avoid duplication of discovery.
Developing a Case
Asbestos lawsuits require a lot of investigation and the review of many documents. This can be a particularly difficult task, since asbestos exposure often occurs years before the victim becomes ill. In order to identify the sources of exposure, attorneys must conduct interviews and carefully look over the thousands of pages of documents including union documents, employment records as well as social security and tax records and medical and laboratory reports.
The plaintiffs' lawyers also have to do everything they can to identify additional defendants. In many instances, 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 look into entities with a possible nexus to asbestos, even if they haven't been named in the lawsuit.
This process can be very time consuming, especially when the plaintiff is suffering from mesothelioma, or other serious diseases. It is also difficult to locate witnesses and to gather evidence.
A mesothelioma attorney will work to establish all potential defendants and their connection to the victim's exposure. This may require a thorough examination of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, and tax records.
A successful asbestos litigation strategy is dependent on a wealth of experience in a complicated area of law. Since its inception in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in defending companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience in establishing and developing key defenses such as expert testimony and jurisdictional Case Management Orders.
Preparing for trial
Lawyers must meticulously prepare their cases prior to trial to ensure that their clients' evidence and arguments are as strong as they can be. This includes reviewing medical records and preparing all witnesses. It also involves identifying exhibits that will be used at the trial. This process can take years in complex cases.
Before developing mesothelioma, many asbestos victims develop a lesser disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis can cause chest pain, coughing, and breathing difficulties.
Attorneys representing asbestos victims should also look over the evidence to determine potential defendants that might be accountable for the asbestos injuries. This may involve interviewing coworkers and family members, asbestos abatement workers, asbestos manufacturers and obtaining various documents.
Once a defendant has been identified An attorney must determine the liability of the party. The defendants may be individuals, corporations or government agencies. They are accountable for their actions.
Congress has enacted a number of legislative remedies to resolve Asbestos lawsuits (Zenwriting.net). The efforts have not been successful due to a range of complicated political issues. Asbestos victims as well as their lawyers and the government remain determined to hold negligent asbestos companies accountable for their actions.
Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. Our lawyers have held manufacturers, insurance companies and other responsible entities accountable for their part in the 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-related matters.
The Asbestos Litigation Group welcomes all AAJ members, including regular, life sustainer, 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.
