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Asbestos Litigation

Every asbestos case is different, but the general procedure to defend against claims based on asbestos is the same. Your attorney should take a deposition of the plaintiff.

A person's exposure to asbestos can come from many places, not just an employer or a company. This is the reason asbestos lawsuit cases usually involve multiple defendants.

Find out the source of exposure

Recognizing asbestos exposure is an important step to file an asbestos claim. Lawyers for victims often use medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma sufferers and their families need compensation to cover the cost of mesothelioma treatments. Compensation can also assist families in dealing with the emotional burdens of mesothelioma being diagnosed.

Asbestos lawsuits are complicated legal proceedings, and the victims need to know their rights and how the process works. Attorneys are able to handle many aspects of a case they are expected to participate in the process. This includes responding to requests for discovery and attending depositions.

It is also crucial to remember that the statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos lawyer as soon as possible. In the event of not filing an asbestos claim within the required timeframe could result in the loss on financial compensation.

In some cases victims were exposed to asbestos products manufactured by several companies. In these instances, victims' attorneys may need to identify the manufacturer of each product, in addition to the contractors or employers who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort of American history. It's responsible for dozens bankruptcy filings from asbestos producers. Many of these companies have set up trust funds to compensate asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making the Database

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

To build a strong asbestos defense, attorneys need to be able to access a large database that will help them identify potential exposure sources. This includes looking over job sites, interviewing co-workers and collecting information from suppliers and employers. This involves finding and interviewing nurses or doctors who might be able to be able to testify about asbestos exposure.

This type of database is difficult to develop, especially if the data has been lost over time. If this happens it may necessitate the reconstruction of an entire claims database and insurance program, usually from multiple sources such as loss runs, claim files, internal systems and defense counsel records. It could take years, or years, to complete.

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

Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and suits naming fewer than 100 defendants are not common.

Identifying Defendants

The factual foundation of asbestos cases is often established through discovery. Asbestos Lawsuit companies have denied for a number of 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 establish that certain defendants products caused their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was utilized at the workplace, that he was exposed to it inhaling dust and that exposure to the dust was a major cause of his injuries.

Because asbestos cases have multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. The key is to build an information database that links employers and their locations, as well as products. This is done by speaking with relatives and coworkers as well as reviewing invoices and work orders as well as documents from suppliers and vendors and analyzing samples from the plaintiff's residence and employment sites. It can also help to identify defendants if you know the kind of asbestos, such as chrysotile or amosite.

The defendants must take the time to review the facts and determine the possible sources of exposure. This may require a review of more than 40 years of a worker's existence through Social Security, union, tax and other records. Due to the long latency of asbestos attorneys-related injuries, it can be difficult and expensive to establish an accurate database.

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

Case Development

asbestos lawyers lawsuits involve extensive research and the examination of numerous documents. This can be a challenge since exposure to asbestos often was a long time before the victim developed a health issue. To identify the source of asbestos exposure, lawyers must conduct an interview and go through thousands of pages of documents including employment records and union documents, tax files and social security files and medical and lab reports.

The lawyers representing the plaintiffs must do all they can to identify other defendants. In certain instances, there could be as high as 40 defendants. To achieve this, they have to investigate the supply chain to look into companies that could have a nexus with asbestos, but aren't named in the lawsuit.

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

A mesothelioma attorney will work to establish all potential defendants and their connections to the victim's exposure. This may involve a thorough review over the last 40 years of the victim's life, which may include interviews and a review their social security, labor, union and tax records.

A successful asbestos litigation strategy relies on a wealth of experience in a complicated area of law. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in defending companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel in representing and coordinating the interests of many different defendants, including product manufacturers distributors, suppliers, and contractors. We have extensive expertise in creating and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must meticulously prepare their cases for trial in order 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 also involves identifying exhibits that will be used in the trial. This process can take years in cases that are complex.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis symptoms include a tightening of the lungs that can cause breathing difficulties, coughing, chest pain and so on.

Asbestos victims' attorneys must also carefully review the evidence to determine any potential defendants that could be held responsible for the asbestos-related injuries. This involves interviewing family members, coworkers asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, as well as getting various documents.

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

Congress has enacted a number of legislative solutions to settle asbestos lawsuits. However, these efforts have not been successful due to a variety of complicated political motives. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos firms accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the country. Our lawyers have held asbestos producers 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 with experience in asbestos cases.

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