Asbestos Litigation

Each asbestos case is unique, but the general process to defend these claims is the same. Your attorney should take a deposition of the plaintiff.

The exposure of an individual to asbestos can be triggered by many places, not just an employer or a company. This is why asbestos cases usually involve multiple defendants.

Determine the source of exposure

Recognizing 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 can help victims receive compensation from the companies that are responsible for asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma diagnosis.

Asbestos cases are complex legal issues. Victims must be aware of their rights and the process. While attorneys can handle many aspects of a case the plaintiffs are expected to take part in their own case. This includes responding to discovery requests and attending depositions.

Remember that the statutes are restricted in New York, and you should consult an Asbestos Attorney (Acttoilet33.Werite.Net) as soon a possible. In the event of not filing an asbestos claim within the required timeframe could result in the loss on financial compensation.

In some instances asbestos-containing products produced by multiple companies have been used to expose victims. In these cases, victims' attorneys may need to identify the manufacturers of each product, as well as the employers or contractors who supplied the asbestos-containing products.

asbestos attorney 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 established trust funds for asbestos victims. But asbestos defendants continue to dispute evidence linking asbestos lawsuit exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing the Database

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

To develop a successful asbestos defense, lawyers need to be able to access a large database that will help them identify potential exposure sources. This includes examining the job site, talking to coworkers and getting documents from suppliers and employers. This involves finding and interviewing nurses or doctors who might be able to testify regarding asbestos exposure.

This kind of database is difficult to develop, especially in the event that the data was lost over time. If this happens, it can necessitate the reconstruction of a complete claims database and insurance program, usually from multiple sources like loss runs, claim files, internal systems and defense counsel records. It can take a long time or even years to complete.

Asbestos lawyers should also have access to a software that allows them to locate potential exposure areas and identify potential defendants. Having this information at the fingertips of lawyers can save time and money.

After the collapse of several asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and suits naming less than 100 defendants is a rarity.

Identifying the defendants

Often, asbestos cases are founded by factual evidence that's later discovered. Many asbestos companies resisted for many years that their products could harm people, but after lawsuits began, company documents came to light and revealed 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 was used at his workplace, that they were exposed to it by inhaling dust, and that the exposure to the dust was a major factor in his injuries.

Asbestos cases typically involve several defendants. The method of identifying them differs from a personal injury lawsuit. The key is to build an inventory of employers, locations and products through interviews with co-workers and relatives as well as reviewing invoices and work orders, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home as well as work websites. The type of asbestos involved - amosite, chrysotile or Crocidolite - could be helpful in identifying defendants as each product is made by an individual manufacturer.

The defendants must take the time to review these facts and identify the possible sources of exposure, which could involve a thorough review of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the time between asbestos-related injuries is long, establishing an accurate database is a lengthy and costly investigation.

Due to the high volume of asbestos cases and the insufficient resources of defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This gives defendants the opportunity to pool resources and to avoid duplication of discovery.

Case Development

Asbestos suits require extensive study and examination of many documents. This can be particularly difficult because exposure to asbestos typically occurred years before a victim became sick. To determine the source of the asbestos exposure, lawyers must conduct interviews and review thousands pages of documentation including union and employment records, tax files and social security files, medical and lab reports.

The lawyers representing the plaintiffs must do all they can to find additional defendants. In many cases, the number defendants can be as high as 30 or 40. To accomplish this, they must look further down the supply chain and look into entities with a possible nexus to asbestos, even if they haven't been identified in the lawsuit.

This process can be very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma, or other serious illnesses. In addition, it can be often difficult to find witnesses and obtain physical evidence.

A mesothelioma attorney will work to establish all potential defendants and their connection to the victim's exposure. This can require a thorough examination of over 40 years of the victim's history through interviews and a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy requires a lot of experience in this complex area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our inception 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. We represent and coordinate the interests of a wide array of defendants, which includes product manufacturers, distributors and contractors. We have a wealth of experience formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must carefully prepare their cases ahead of trial to ensure that their clients are able to present the strongest evidence and arguments possible. This involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the trial. This process can be lengthy in cases that are complex.

Before developing mesothelioma asbestos victims develop a lesser disease like asbestosis, and pleural plaque. Asbestosis symptoms include a tightening of the lungs that could cause breathing problems, coughing, and chest pain.

Lawyers for asbestos victims must also carefully review the evidence to determine potential defendants that could be held accountable for the asbestos injuries. This includes speaking with family members, colleagues, asbestos abatement workers and asbestos manufacturers, as well as getting various documents.

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

Congress has proposed several legislative solutions to settle asbestos lawsuits. These efforts have not been effective due to a myriad of complicated political factors. Asbestos victims and their lawyers remain committed to holding 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 nation. Our attorneys have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, which are assigned cases by judges who have expertise in asbestos cases.

The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at Winter and annual conventions.