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Asbestos Litigation

Each asbestos case is unique however the general procedure for defending against claims based on asbestos is the same. Your attorney will want to take a deposition of the plaintiff.

The exposure of an individual to asbestos attorney can come from multiple sources, not just one employer or company. That's why asbestos cases often involve multiple defendants.

Identifying the source of exposure

In order to submit an asbestos claim it is crucial to pinpoint asbestos exposure. Lawyers for victims often utilize medical records to determine the source of asbestos. This can help victims get compensation from companies responsible for their asbestos exposure.

Compensation is required by mesothelioma patients and their families to pay for the expense of expensive treatment. Compensation can help families cope when a mesothelioma diagnosis is announced.

Asbestos lawsuits are complex legal proceedings, and the victims need to understand their rights and how the process works. While attorneys can handle a lot of aspects of a case, the victims are expected to be involved in the case too. This includes responding quickly to discovery requests and attending court depositions.

Remember that the statutes of limitations are restricted in New York, and you should seek advice from an asbestos lawyer as soon a possible. If you do not submit your claim within the stipulated time frame you could be denied on financial compensation.

In some cases asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, the victims lawyers might need to identify the companies that made each product, in addition to the contractors or employers who provided the asbestos-containing materials.

Asbestos lawsuits are the longest-running mass tort in American history. It's responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies have created trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to challenge evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory diseases. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

A lawsuit involving asbestos-related illnesses or mesothelioma differs from a typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and the same expert witnesses.

To build a strong asbestos defense, lawyers need to have access to an extensive database that can identify possible exposure sources. This involves reviewing the websites of employers, speaking with coworkers and getting records from employers and suppliers. This involves finding and interviewing nurses or doctors who might be able to be able to testify about asbestos lawyer exposure.

Developing this type of database can be difficult particularly in situations where the data has been deleted or lost over time. When this happens, it can necessitate the reconstruction of a complete claims database and insurance program, often from multiple sources such as loss runs and claim files, internal systems, and defense counsel records. It can take a long time or even decades to complete.

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

After the mass bankruptcies of many asbestos producers attorneys for plaintiffs sought new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the volume is paramount and suits that name fewer than 100 defendants are rare.

Identifying Defendants

Often, asbestos lawsuits are based on factual evidence that is discovered. Asbestos firms have denied for many years that their products could cause harm, but once the lawsuits began the company's documents exposed evidence of the dangers. These documents can assist plaintiffs establish that certain defendants products caused their injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was in use at his workplace, that he was exposed to it inhaling dust and that the exposure to the dust was a major reason for his injuries.

Asbestos cases usually involve multiple defendants. The method of identifying them differs from a personal injury lawsuit. The key is to develop an information database that links employers and their locations, as well as products. This is done by interviewing co-workers and relatives, reviewing invoices and work orders as well as documents from suppliers and vendors and analyzing samples from the plaintiff's home and workplace websites. It is also a good way to identify defendants if you know the type of asbestos, such as amosite or chrysotile.

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

Because of the large numbers of cases and the insufficient resources of many defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to share resources, and to avoid duplication of discovery.

Case Development

Asbestos lawsuits require extensive investigation and the review of a large number of documents. This can be particularly challenging because asbestos exposure often was a long time before the victim became sick. To determine the sources of the exposure, lawyers must conduct interviews and carefully review thousands of pages of documentation including the employment records, union documents social security and tax files and medical and laboratory reports.

The plaintiffs' attorneys must do all they can to identify other defendants. In some cases, there can be as high as 40 defendants. To do so, they must look further down the supply chain and investigate entities with a possible nexus to asbestos, even if they haven't been named in the lawsuit.

This process can be very time consuming, especially when the plaintiff is suffering from mesothelioma and other severe illnesses. In addition, it is often difficult to locate witnesses and obtain 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, labor and tax records.

A successful asbestos litigation strategy is dependent on a wealth of experience in a complicated 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 businesses in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide variety of defendants, including product manufacturers, distributors, and contractors. We have a wealth of experience formulating and establishing crucial defenses, expert witness testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are as strong as they could be. This involves reviewing medical records and prepping all witnesses. It is also about identifying the exhibits that will be used during the trial. This can take a lot of time in complicated cases.

Before developing mesothelioma asbestos victims develop a lesser disease such as asbestosis, and pleural plaque. Asbestosis can cause chest pain, coughing and difficulty breathing.

Asbestos victims' attorneys must also examine the evidence to find potential defendants who could be held responsible for the asbestos injuries. This involves interviewing co-workers, family members, asbestos manufacturers, asbestos abatement workers and obtaining various documents.

After identifying a potential defendant, an attorney must determine the liability of the defendant. The defendants can be businesses, individuals or government agencies. They are held accountable for their wrongful actions.

Congress has proposed several legislative remedies to resolve asbestos lawsuits. The efforts have not been successful due to a range of complicated political issues. Asbestos victims as well as their lawyers and the government remain committed to holding negligent asbestos firms accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our lawyers have held asbestos producers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are assigned by judges with experience in asbestos cases.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members meet and discuss legal issues and strategies on the Group's only for plaintiffs list server during the annual and winter conventions and in educational seminars on asbestos litigation.