7 Small Changes That Will Make The Biggest Difference In Your Asbestos Litigation

Asbestos Litigation

Each asbestos case is different, but the general process for defending claims involving asbestos is the same. Your attorney will want you to conduct an interview with the plaintiff.

The exposure of a person to asbestos can be triggered by many places, not just a single employer or company. This is the reason asbestos cases usually involve multiple defendants.

Determining the Source of Exposure

Recognizing asbestos attorneys exposure is an important step in submitting an asbestos claim. Often, the attorneys of victims may use medical documents to determine the source of asbestos. This can help victims receive compensation from the companies that are responsible for asbestos exposure.

Mesothelioma victims and their families need compensation to cover expensive mesothelioma-related treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma being diagnosed.

Asbestos lawsuits are complex legal cases, and victims need to understand their rights and the way in which the process operates. While attorneys can handle a lot of aspects of a case, the plaintiffs are expected to take part in their own case. This includes responding to requests for discovery and taking depositions.

Be aware that the statutes are restricted in New York, and you should consult an asbestos attorneys attorney as soon as you can. If you don't file your claim within the specified timeframe you could be denied on financial compensation.

In some cases, asbestos products made by several companies have been used to expose victims. In these instances, victims' attorneys will have to determine the source of all asbestos-containing products as well as the contractors and employers who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for hundreds of bankruptcy filings from asbestos producers. Many of these companies have established trust funds to pay compensation to asbestos victims. However, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is in spite of the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating a Database

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

In order to develop a strong defense in an asbestos case, attorneys must have access to a vast database that can identify potential sources of exposure. This includes examining the job site, talking to coworkers and obtaining documents from employers and suppliers. This process involves locating and interviewing nurses or doctors who may be able to provide evidence regarding asbestos exposure.

The creation of this type of database can be challenging, especially in cases where the data was deleted or lost over time. In these situations it could be necessary to reconstruct the entire insurance program and claims database using multiple sources, including loss runs, claim files internal system, as well as defense counsel records. It can take years, or even decades to complete.

asbestos Lawsuit lawyers also need access to a program that allows them to locate potential exposure sites and identify potential defendants. Having this information available to attorneys can help save time and money.

Following the massive bankruptcy of many asbestos manufacturers attorneys for plaintiffs sought new defendants to list in their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and lawsuits naming less than 100 defendants is rare.

Identifying Defendants

The majority of asbestos lawsuits are based on evidence based on facts that are discovered. Many asbestos companies have denied for many years that their products could harm people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used at his workplace, that he inhaled dust from the product and that this exposure was a major cause of his injuries.

Because asbestos cases contain multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. By interviewing coworkers and family members, reviewing invoices and work orders, getting documents from suppliers and vendors, and analyzing asbestos samples from the plaintiff's workplace and home, it is possible to establish an information database that connects employers locations, workplaces, and products. It is also a good way to identify defendants if you are aware of the type of asbestos like amosite or chrysotile.

Defendants must carefully look over these facts and identify all possible sources of exposure. This may include a thorough review of more than 40 years of records from the Social Security, tax, union, and other records of the worker. Due to the lengthy latency of asbestos-related injuries, it is difficult and costly to create an accurate database.

Due to the sheer number of cases and limited resources of defendants Many asbestos lawyer cases are referred to multi-district litigation (MDL) in federal courts. This gives defendants to share resources, and also avoid duplicate discovery.

Developing a Case

Asbestos lawsuits involve extensive research and the examination of numerous documents. This can be a difficult job, as asbestos exposure can occur years before the victim becomes ill. To determine the source of exposure, attorneys must conduct interviews and go through hundreds of pages of documentation such as union documents, employment records as well as social security and tax files, and medical and laboratory reports.

The attorneys representing the plaintiffs must also do everything they can to identify other defendants. In many instances, the number of defendants can be as high as 30 or 40. To accomplish this they need to look further down the supply chain and research entities with a possible nexus to asbestos that have not been named in the litigation.

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

A mesothelioma lawyer will attempt to determine the identity of all defendants and the connection to the victim's exposure. This can involve a thorough review over the last 40 years of a 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 tangled area of law. Since the time we were founded in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad variety of defendants, including product manufacturers, distributors, and contractors. We have extensive experience in developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must carefully prepare their cases for trial to ensure that their clients' evidence and arguments are the strongest they can be. This involves reviewing medical records, preparing all witnesses and identifying evidence to be used in the trial. This can take a lot of time in complicated cases.

Many asbestos sufferers develop a less severe disease such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's onset. Asbestosis can cause chest pain, coughing, and breathing difficulties.

Attorneys representing asbestos victims must also look over the evidence to identify potential defendants who might be accountable for the asbestos-related injuries. This includes speaking with family members, coworkers asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and getting various 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 governmental organizations. They must be held accountable for their negligent actions.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. The efforts have not been successful due to a range of complicated political factors. Asbestos victims as well as their lawyers and the government are committed to holding asbestos companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the country. Our attorneys have held asbestos producers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts, where cases are assigned to judges familiar with asbestos-related issues.

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 also at Winter and annual conventions.