10 Times You ll Have To Be Educated About Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique, but the general procedure for defending against claims based on asbestos is the same. Your lawyer will need to take a deposition of the plaintiff.

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

Find out the source of exposure

In order to submit an asbestos claim it is essential to determine the source of asbestos exposure. Lawyers for victims often utilize medical records to determine asbestos' source. This can assist victims in obtaining compensation from companies accountable for asbestos exposure.

Compensation is needed by mesothelioma patients and their families to cover the cost of costly treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma being diagnosed.

Asbestos cases can be a complicated legal cases. Victims need to know their rights and the process. While attorneys can handle a lot of aspects of a case victims are expected to participate in their case as well. This includes responding quickly to discovery requests and participating in depositions in court.

Remember that the statutes are restricted in New York, and you should consult an asbestos attorney as soon a possible. In the event of not filing a claim within the appropriate timeframe could result in the loss on financial compensation.

In a few instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, victims lawyers might need to identify the manufacturers of each product, as well as the employers or contractors who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos lawyer defendants continue to dispute evidence linking asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

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

To be able to build a successful asbestos defense, attorneys need to have access to an extensive database that can identify possible exposure sources. This includes reviewing the websites of employers, speaking with coworkers and getting information from suppliers and employers. This involves finding and interviewing doctors or nurses who might be able to provide evidence regarding asbestos exposure.

This kind of database is difficult to create, particularly if the data has been lost over time. If this happens it could necessitate the reconstruction of a complete claims database as well as an insurance program, often from multiple sources such as loss runs, claim files, internal systems, and defense counsel records. It can take years, or decades to complete.

Asbestos lawyers must also have access to a program that allows them to find potential exposure sites and identify potential defendants. Attorneys can save time and money by having this information available to them.

Following the massive bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and suits naming fewer than 100 defendants are a rarity.

Identifying the Defendants

The actual basis of asbestos cases is often established through discovery. Asbestos companies denied for many years that their products could cause harm, but once the lawsuits began, documents from the company provided evidence of the dangers. These documents can be used to prove that particular defendants products caused injuries. To win a lawsuit, a plaintiff has to demonstrate that the defendant's products were used in the workplace, that he inhaled dust from the product and that the exposure was a major reason for his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants is different than the typical personal injury case. By interviewing family and coworkers members, reviewing invoices and work orders, obtaining documents from suppliers and vendors, and analyzing asbestos samples from the plaintiff's workplace as well as home it is possible to create a database that links employers as well as locations and products. It is also possible to identify defendants if one knows the type of asbestos, such as amosite or chrysotile.

Defendants must carefully look over these facts and determine all possible exposure sources. This may include a review of over 40 years of records from the Social Security, tax, union, and other records of workers. Because the time between asbestos injuries is so long, establishing an accurate database requires extensive and costly discovery.

Due to the high volume of asbestos cases and the insufficient resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants to pool resources and to avoid duplication of discovery.

Case Development

asbestos lawyers suits require a lot of investigation and the review of a variety of documents. This can be particularly challenging because asbestos exposure often occurred long before the victim became sick. To identify the source of asbestos exposure, lawyers must conduct interview and carefully review thousands pages of documentation like union and employment records as well as tax files, social security records, lab and medical reports.

The plaintiffs' lawyers also have to do everything they can to locate additional defendants. In many cases, the number defendants could be as high as 30 or 40. To accomplish this, they need to examine the supply chain to find entities that may have a nexus with asbestos, but are not included in the lawsuit.

This process is time-consuming, especially when the claimant suffers from mesothelioma, or other serious illnesses. It can be difficult to find witnesses and gather physical evidence.

A mesothelioma lawyer will attempt to establish all potential defendants and their connection to the victim's exposure. This can involve a thorough review over the last 40 years of the victim's life, which may include interviews and a look at their social security as well as labor, union, and 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 founding in 1994 and are national leaders in defending firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel in representing and managing the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience in formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Prepare for the trial

Lawyers need to carefully prepare their cases before trial to ensure that their clients are able to present the strongest evidence and arguments possible. This includes reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the trial. This process can take a long time in cases that are complex.

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

Asbestos victims' attorneys must also carefully review the evidence to find potential defendants that could be held liable for the asbestos injuries. This involves interviewing co-workers, family members, asbestos manufacturers, asbestos attorney abatement employees and obtaining a variety of documents.

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

Several legislative remedies to resolve asbestos litigation have been formulated in Congress. The efforts have not been effective due to a myriad of complex political factors. Asbestos victims and their lawyers remain committed to holding negligent asbestos companies accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our lawyers have held insurance companies and other responsible parties accountable for their role in the asbestos exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges familiar with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members, including regular, life, sustainer, and President's Club members. Members meet and discuss legal issues and strategies on the group's plaintiff-only list server, at annual and winter conventions and in educational seminars on asbestos litigation.