Asbestos Lawsuit Litigation

Every asbestos case is different however the general procedure for defending against claims based on asbestos is the same. Your lawyer will need to conduct a deposition with the plaintiff.

The source of asbestos exposure could be many, not just one employer or business. That's why asbestos cases often involve multiple defendants.

Identifying the source of exposure

The identification of asbestos exposure is a crucial step in filing an asbestos claim. Often, victims' attorneys may use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies responsible for asbestos exposure.

Compensation is essential for mesothelioma patients and their families to pay for the expense of expensive treatment. Compensation can also help families cope with the emotional burden of a mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal proceedings, and the victims need to know their rights and the way in which the process operates. While attorneys are able to handle many aspects of a case, they are expected to participate in the process. This includes responding promptly to requests for discovery and attending depositions in court.

Remember that the statutes of limitations are limited in New York, and you should consult an asbestos attorney as soon as you can. Failure to file a claim within the appropriate time frame could result in missing out on financial compensation.

In a few instances asbestos-containing products produced 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-containing products as well as the contractors and employers who supplied the materials.

Asbestos lawsuits are the longest-running mass tort of American history. It's the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds to pay compensation to asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating a Database

A lawsuit involving asbestos-related illnesses or mesothelioma is different than a typical personal injury lawsuit. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and the same expert witnesses.

To build a strong asbestos defense, lawyers have to have access to a vast database that can identify possible exposure sources. This includes reviewing the job site, interviewing coworkers, and obtaining documents from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able testify regarding asbestos exposure.

This kind of database can be difficult to create, particularly when the data has been lost over time. If this happens, it can require the reconstruction of a complete claims database and insurance program, usually from multiple sources like loss runs claims files, internal systems and defense counsel records. It could take years, or even decades to complete.

Asbestos attorneys must also have access a program which permits them to identify potential defendants and potential exposure sites. This information is available to attorneys can save both valuable time and money.

After the collapse of several asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and suits that name less than 100 defendants is not common.

Identifying the Defendants

The majority of asbestos cases are founded by factual evidence that's later discovered. Asbestos companies denied for many years that their products could cause harm, but after the lawsuits began, documents from the company provided evidence of the dangers. These documents can aid plaintiffs prove that specific defendants products caused their injuries. To win a case the plaintiff must show that the defendant's product was used at his work site, that he was exposed to it through inhalation of dust, and that the exposure to the dust was a major cause of his injuries.

Asbestos cases often involve several defendants. The method of identifying them differs from a personal injury case. The most important thing is to create an information database that links employers and their locations, as well as products. This is done by speaking with relatives and coworkers, reviewing invoices and work orders as well as documents from suppliers and vendors and analyzing samples taken from the plaintiff's residence and work sites. The type of asbestos used such as amosite, chrysotile or Crocidolite - could be helpful in identifying defendants because each product is manufactured by an individual manufacturer.

The defendants must be attentive to these facts and identify the possible sources of exposure, which can involve a examination of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is long, establishing an accurate database requires extensive and costly discovery.

Due to the high volume of asbestos lawsuit cases, and the limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants to share resources and prevent duplicate discovery.

Case Development

Asbestos lawsuits require a lot of research and the review of a large number of documents. This can be a particularly difficult task because asbestos exposure can occur years before the person who suffers from illness. To determine the source of asbestos exposure, attorneys must conduct interviews and review thousands pages of documentation, such as employment records and union documents, tax files and social security records, medical and laboratory reports.

The plaintiffs' attorneys must also do everything they can to find other defendants. In many instances, the number of defendants could be as high as 30 or 40. To achieve this they must go further down the supply chain and investigate organizations that could have a connection to asbestos, but have not been named in the lawsuit.

This process is often very time consuming, especially when the claimant suffers from mesothelioma, or other serious diseases. It is also difficult to find witnesses and gather physical evidence.

A mesothelioma lawyer will identify all potential defendants, and their connection to the victim's exposure. This can be a thorough analysis of the past 40 years of a victim's life, including interviews as well as a review of their social security, labor, union 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 the time of our establishment at the beginning of 1994. We are also nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as coordinating the interests of many different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience in creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers need to carefully prepare their cases prior to trial to ensure that their clients have the strongest evidence and arguments possible. This includes reviewing medical records and preparing all witnesses. It also involves identifying exhibits that will be used during the trial. This process can take years in complex cases.

Many asbestos victims have a less severe illness such as asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis can cause chest pain, coughing and breathing difficulties.

Asbestos victims' attorneys must also carefully review the evidence to find potential defendants that could be held liable for the asbestos injuries. This includes interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement workers and obtaining a variety.

Once a defendant has been identified an attorney must determine the responsibility of this party. The defendants could be individuals, businesses or government agencies. They are held accountable for their actions that were negligent.

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. These efforts have not been effective due to a myriad of complicated political factors. Asbestos victims, their lawyers and the government are committed to holding negligent asbestos companies accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in 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 handled by five judicial districts in which cases are assigned to judges who are familiar with asbestos matters.

The asbestos lawyers Litigation Group welcomes all AAJ members including life, regular, sustainer, and President's Club members. Members interact and discuss legal issues and strategies on the group's plaintiff-only list server during the annual and winter conventions as well as in seminars for education on asbestos litigation.