Asbestos Litigation

Every asbestos case is different however the general procedure for defending against such claims is the same. Your attorney should conduct a deposition with the plaintiff.

The exposure of an individual to asbestos can come from multiple sources, not just a single employer or company. 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 can work with medical documents to determine the source of asbestos. This can assist victims in receiving compensation from the companies liable for their asbestos exposure.

Mesothelioma patients and their families require compensation to pay for mesothelioma-related treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis.

Asbestos lawsuits are complex legal proceedings, and the victims need to understand 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 the case too. This includes responding to discovery requests and attending depositions.

It is also important to remember that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos attorney whenever you can. If you fail to submit your claim within the stipulated time frame, you could lose out on financial compensation.

In some instances, asbestos products made by multiple companies have been used to expose victims. In these instances, victims lawyers may be required to identify the companies that made each product, as well as the contractors or employers who supplied the asbestos lawsuit-containing products.

Asbestos litigation is the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

A mesothelioma lawsuit or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In a lot of asbestos litigation cases, the plaintiffs are represented by the same law firms and the same expert witnesses.

To develop a successful asbestos defense, attorneys need to be able to access a large database that can pinpoint potential exposure sources. This includes examining the job site, talking to coworkers and getting documents from employers and suppliers. This involves finding and interviewing nurses or doctors who may be able to be able to testify about asbestos attorneys exposure.

This kind of database can be difficult to create, particularly if the data has been lost over time. When this happens it may necessitate the reconstruction of a complete claims database and insurance program, often from a variety of sources, including loss runs and claim files, internal systems, and defense counsel records. This can take years, or even years to complete.

Asbestos lawyers should also have access to a program that allows them to locate potential exposure sites and identify potential defendants. Lawyers can save time and money by having this information readily available.

After the collapse of several asbestos producers, plaintiffs' lawyers searched for new defendants to 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 lawsuits naming less than 100 defendants is rare.

Identifying the defendants

Most asbestos cases are founded on evidence based on facts that are discovered. Asbestos companies denied for many years that their products could cause harm, but after lawsuits started documents from the company provided evidence of the dangers. These documents can aid plaintiffs prove that specific defendants products were responsible for their injuries. To win a case the plaintiff must prove that the defendant's product was in use at the workplace, that he was exposed to it inhaling dust, and that the exposure to the dust was a major factor in his injuries.

Because asbestos cases contain multiple defendants, the method of identifying defendants is different than a typical personal injury case. The most important thing is to create an information database that links employers locations, products and locations by interviewing co-workers and relatives as well as reviewing invoices and work orders and obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home as well as workplace sites. The type of asbestos used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants because each product is made by an individual manufacturer.

The defendants must take the time to review the facts and determine all possible sources of exposure. This can involve a examination of more than 40 years of a worker's life through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it can be difficult and costly to build an accurate database.

Due to the large number of asbestos cases and the limited resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This gives defendants to share resources and also avoid duplicate discovery.

Case Development

Asbestos lawsuits require extensive research and the examination of many documents. This can be particularly challenging because exposure to asbestos typically occurred long before the victim was diagnosed with a disease. To determine the source of asbestos exposure, attorneys must conduct an interview and go through thousands of pages of documents like employment records and union documents as well as tax files, social security files and medical and lab reports.

The lawyers representing the plaintiffs must do all they can to identify other defendants. In many cases, the number defendants could be as high as 30 or 40. To accomplish this they must go further down the supply chain and investigate entities with a possible nexus to asbestos that have not been identified in the lawsuit.

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

A mesothelioma lawyer will identify the identity of all defendants who could be implicated, and their connection to victim's exposure. This may be accomplished by a thorough analysis of over 40 years of the victim's life through interviews as well as a review of their social security, union, and tax records.

A successful asbestos litigation strategy depends on years of experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have extensive experience in creating and implementing crucial defenses such as expert testimony and jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must carefully prepare their cases prior to trial to ensure that their clients' evidence and arguments are the strongest they can be. This includes reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used in the trial. This can take a lot of time in cases that are complex.

Before developing mesothelioma asbestos sufferers develop a less severe disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms can include tightening of the lungs which may cause difficulty breathing, coughing, and chest pain.

Asbestos victims' lawyers must also examine the evidence to find potential defendants that could be held accountable for the asbestos-related injuries. This includes speaking with family members, coworkers asbestos Lawsuit abatement workers, asbestos abatement employees and asbestos manufacturers, as well as getting various documents.

Once a defendant has been identified an attorney must determine the liability of this party. The defendants could be individuals, corporations or governmental organizations. They are accountable for their negligent actions.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, these initiatives have failed due to a variety of complex political reasons. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos firms accountable for their actions.

Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the country. Our attorneys have held insurance companies, and other responsible entities accountable for their part in asbestos exposure. 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 meet and discuss legal issues and strategies on the group's plaintiff-only list server during the annual and winter conventions and participate in educational seminars on asbestos litigation.