The Most Convincing Evidence That You Need Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending such claims is similar. Your attorney will want you to conduct an interview with the plaintiff.

The cause of asbestos exposure could be many, not just one employer or business. This is the reason asbestos cases typically involve multiple defendants.

Determine the source of exposure

Identifying asbestos exposure is a crucial step in submitting an asbestos claim. Lawyers representing victims typically use medical records to determine the source of asbestos. This could help victims receive compensation from the companies liable for asbestos exposure.

Mesothelioma victims and their families are entitled to compensation to cover the cost of mesothelioma-related treatment. Compensation can help families cope with a mesothelioma diagnoses.

Asbestos lawsuits can be a complicated legal proceedings, and the victims must be aware of their rights and the way in which the process operates. While attorneys can handle many aspects of a case the victims are expected to be involved in their own case. This includes responding to discovery requests and participating in depositions in court.

It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is essential to speak with an experienced asbestos attorney as soon as possible. If you do not file your claim within the prescribed time period you could be denied on financial compensation.

In some instances victims were exposed to asbestos products manufactured by various companies. In such cases, the lawyers representing the victims need to identify all the asbestos-containing products, as well 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 the cause of numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. But asbestos defendants continue to dispute evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite research by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Developing a Database

A lawsuit involving asbestos-related diseases or mesothelioma is different than a typical personal injury case. In many cases asbestos litigation, there are a lot of the same defendants (companies who are being sued) and many of the same law firms representing plaintiffs and many of the same expert witnesses.

In order to develop a successful defense in an asbestos case, attorneys must have access to a database that can pinpoint potential exposure sources. This involves reviewing job sites, talking to coworkers and obtaining records from employers and suppliers. This involves locating and interviewing doctors or nurses who might be able to be able to testify about asbestos exposure.

Developing this type of database can be a challenge, especially in cases where the data was deleted or lost over time. In these cases, it may be necessary to recreate the entire insurance program and claims database using multiple sources such as loss runs and claim files internal system and defense counsel records. It could take years, or decades, to complete.

Asbestos lawyers must also access a program which lets them find potential defendants and potential exposure sites. Having this information at the fingertips of attorneys can save time and money.

Following the massive bankruptcy of many asbestos producers, plaintiffs' lawyers sought new defendants to name in their lawsuits. As a result, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the number of defendants is paramount, and suits that name fewer than 100 defendants are a rarity.

Identifying the defendants

The actual basis of asbestos cases is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but after lawsuits began documents from the company provided evidence of the dangers. These documents can help plaintiffs establish that certain defendants' products caused their injuries. To win a case, the plaintiff must prove that the defendant's product was utilized at his workplace, that the worker was exposed to it inhaling dust and that the exposure was a significant factor in his injuries.

Asbestos cases typically involve several defendants. The method of identifying them is different 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 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. It is also possible to identify defendants if one knows the type of asbestos, like amosite or chrysotile.

Defendants must carefully review these facts, and determine all possible sources of exposure. This may include a look at more than 40 years of records from the Social Security, tax, union and other records of a worker. Because the time between asbestos-related injuries is so long, the creation of an accurate database requires a lot of time and costly research.

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

Case Development

Asbestos lawsuits require extensive research and the review of many documents. This can be a difficult task, since asbestos exposure can occur years before the person who suffers from illness. To determine the source of exposure, lawyers must conduct interviews and look over hundreds of pages of documentation such as employment records, union documents, tax and social security files and medical and laboratory reports.

The plaintiffs' attorneys must do all 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 need to look further down the supply chain and investigate entities with a possible nexus to asbestos that have not been named in the lawsuit.

This process is long, particularly when the claimant suffers from mesothelioma or any other serious illness. It can be difficult to locate witnesses and gather physical evidence.

A mesothelioma lawyer will determine all potential defendants, and their connection to the victim's exposure. This could require a thorough examination of more than 40 years of the victim's history through interviews as well as a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy relies on extensive experience in a complex area of law. Since the time we were founded at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in the defense of companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide array of defendants, which includes distributors, manufacturers and contractors. We have extensive experience in formulating and establishing crucial defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they can be. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying exhibits that will be used during the trial. This process can be lengthy in cases that are complex.

Many asbestos lawyer sufferers are diagnosed with a less serious disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis can cause chest pain, coughing, and breathing difficulties.

Asbestos victims' lawyers must also scrutinize the evidence to determine any possible defendants who could be held accountable for asbestos-related injuries. This involves interviewing co-workers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

Once a defendant is identified as a possible defendant, an attorney must determine the legal liability of this party. The defendants could be individuals, corporations or governmental agencies. They are accountable for their negligent actions.

Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these efforts have not been successful due to a variety of complicated political motives. Asbestos victims as well as their lawyers and the government are determined to hold 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 country. Our lawyers have held asbestos manufacturers as well as insurance companies 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 lawyer-related issues.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, 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 and in educational seminars on asbestos litigation.