Asbestos Litigation

Each asbestos case is unique however the general procedure to defend against such claims is similar. Your lawyer will need to conduct a deposition with the plaintiff.

The exposure of a person to asbestos can come from numerous sources, not only a single employer or company. This is why asbestos cases typically involve multiple defendants.

Determining the Source of Exposure

Identifying asbestos exposure is a crucial step in submitting an asbestos claim. Attorneys for victims can often utilize medical records to determine asbestos' source. This can help victims get compensation from companies responsible for their asbestos exposure.

Mesothelioma patients and their families need compensation to cover the cost of mesothelioma treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis.

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

Be aware that the statutes are restricted in New York, and you should consult an asbestos attorney immediately if you are able to. In the event of not filing an asbestos claim within the proper timeframe could result in a denial on financial compensation.

In some cases, victims have been exposed to asbestos-containing products made by multiple companies. In these cases, lawyers representing the victims will have to determine the source of all 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. It has been the cause of hundreds of bankruptcy filings from asbestos producers. Many of these companies have established trust funds for asbestos attorney victims. But asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing a Database

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

To develop a successful asbestos defense, lawyers need to have access to a vast database that will help them identify potential exposure sources. This includes reviewing job sites, interviewing co-workers and obtaining information from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able testify regarding asbestos exposure.

The creation of this type of database can be difficult, especially in cases where the data was lost or destroyed over the course of time. When this occurs, it can require the reconstruction of a complete claims database and insurance program, usually from multiple sources such as loss runs claims files, internal systems, and defense counsel records. This can take years, or decades to complete.

Asbestos lawyers should also have access to a program that allows them to locate potential exposure areas and identify potential defendants. This information is available to attorneys can save time and money.

After the collapse of several asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and lawsuits naming less than 100 defendants is rare.

Identifying defendants

Often, asbestos cases are based on factual evidence that is discovered. Asbestos companies denied for many years that their products could cause harm, but once lawsuits began the company's documents revealed evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. In order to win a lawsuit a plaintiff has to prove that the defendant's product were used in the work place, that he breathed in dust from the product, and that the exposure was a major factor in his injuries.

Asbestos cases usually involve several defendants. The method of identifying them differs from a personal injury case. By interviewing coworkers and family members, examining invoices and work orders, getting documents from vendors and suppliers, and analyzing asbestos samples collected from the plaintiff's work place and home it is possible to build an online database that links employers locations, workplaces, and products. It is also possible to identify defendants if one knows the type of asbestos, such as amosite or chrysotile.

The defendants are required to thoroughly look over these facts and identify all possible sources of exposure. This can include a thorough review of more than 40 years of records from the Social Security, tax, union, and other documents of workers. Because the time lag for asbestos attorney injuries is so long, establishing an accurate database requires extensive and costly investigation.

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

The process of creating a case

Asbestos suits require a lot of study and examination of many documents. This can be a particularly difficult job, as asbestos exposure is often a long time before a person is diagnosed with a disease. To determine the sources of the exposure, lawyers must conduct interviews and carefully look over thousands of pages of documentation like union documents, employment records tax and social security files as well as medical and laboratory reports.

The attorneys representing the plaintiffs have to do everything they can to identify additional defendants. In certain cases, there could be up to 40 defendants. To achieve this, they must look further down the supply chain and investigate organizations that could have a connection to asbestos that have not been identified in the lawsuit.

This process can be very long, particularly when the plaintiff suffers from mesothelioma, or other serious illnesses. It is also difficult to find witnesses and collect physical evidence.

An attorney for mesothelioma will try to identify all defendants and their connection to the victim's exposure. This could require a thorough examination of over 40 years of the victim's life via interviews and a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy requires a lot of knowledge of this complicated area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception back in 1994. We are the 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 in representing and coordinating the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have extensive experience in establishing and developing key defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must be careful in preparing their cases prior to trial to ensure that their clients' evidence and arguments are the strongest they can be. This includes reviewing medical records, preparing all witnesses and identifying evidence to be used in the trial. This process can take years in complex cases.

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

Asbestos victims' lawyers must also scrutinize the evidence to determine any possible defendants who could be held accountable for asbestos-related injuries. This includes speaking with family members, colleagues asbestos abatement workers, asbestos attorney abatement experts and asbestos manufacturers, as well as getting various documents.

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

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. However, these initiatives 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 actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. Our lawyers have held insurance companies, and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges familiar with asbestos issues.

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