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Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending against such claims is the same. Your lawyer will need to interview the plaintiff.

A person's exposure to asbestos can come from multiple sources, not just an employer or a company. This is why asbestos cases usually involve multiple defendants.

Determining the Source of Exposure

In order to make an asbestos claim, it is important to identify asbestos exposure. Often, the attorneys of victims may use medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for asbestos exposure.

Compensation is essential for mesothelioma patients as well as their families to cover the cost of expensive treatment. Compensation can help families cope with the mesothelioma diagnosis.

asbestos attorneys cases can be a complicated legal cases. Victims need to know their rights and the procedure. Attorneys are able to handle many aspects of a case, they are expected to be involved in the proceedings. This includes responding to requests for discovery and attending depositions in court.

Be aware that the statutes are limited in New York, and you should consult an asbestos attorney as soon as you can. In the event of not filing a claim within the appropriate time frame could result in a denial on financial compensation.

In some cases victims have been exposed to asbestos products manufactured by multiple companies. In these cases, lawyers representing the victims 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. It has been responsible for numerous bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds to pay compensation to asbestos victims. However asbestos lawyer defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite studies conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating the Database

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

In order to develop a successful defense in an asbestos case attorneys need access to a vast database that can identify potential sources of exposure. This includes reviewing the job site, interviewing coworkers and obtaining documents from employers and suppliers. This process involves locating and interviewing nurses or doctors who may 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 situations it could be necessary to reconstruct a complete insurance program and claims database using multiple sources such as loss runs and claim files, internal system and defense counsel records. This can take many years or even years to complete.

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

After the mass bankruptcies of many asbestos manufacturers, plaintiffs' lawyers 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 suits naming less than 100 defendants is a rarity.

Identifying the Defendants

The truthful basis of asbestos lawsuits is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but once lawsuits began the company's documents provided evidence of the dangers. These documents can help plaintiffs prove that a specific defendant products caused their injuries. To win a lawsuit, a plaintiff has to prove that the defendant's product were used in the workplace, that he inhaled dust from the product and that exposure to the product was a major factor in his injuries.

Since asbestos cases have multiple defendants, the process of identifying defendants is different from an ordinary personal injury case. The most important thing is to create an inventory of employers, locations and products by speaking with relatives and coworkers, reviewing work orders and invoices, obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's home and employment sites. The type of asbestos involved - amosite, chrysotile, or crocidolite - is helpful in identifying defendants because each product is manufactured by an individual manufacturer.

Defendants must carefully examine these facts and determine the possible sources of exposure. This can include a thorough review of more than 40 years of records from Social Security, tax, union, and other documents of the worker. Because the time lag for asbestos injuries is so long, establishing an accurate database is a lengthy and costly discovery.

Because of the large numbers of cases and the insufficient resources of many defendants Many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to share resources, and also avoid duplicate discovery.

The process of creating a case

Asbestos lawsuits require a lot of research and the examination of many documents. This can be particularly difficult because asbestos lawsuit exposure often occurred years before a victim was diagnosed with a disease. To identify the source of the asbestos exposure, attorneys must conduct interview and carefully go through thousands of pages of documents like employment records and union documents tax files, social security files, lab and medical reports.

The lawyers representing the plaintiffs must also do everything they can to find other defendants. In certain instances, there could be up to 40 defendants. To achieve this, they must look further down the supply chain and look into entities with a possible nexus to asbestos, but have not been identified in the lawsuit.

This process can be extremely lengthy, especially if the claimant suffers from mesothelioma or other serious illnesses. It is also difficult to find witnesses and gather physical evidence.

An attorney for mesothelioma will try to determine the identity of all defendants and the connection to the victim's exposure. This can require a thorough review of more than 40 years of the victim's life through interviews, as well as a look at their social security, union, labor and tax records.

A successful asbestos litigation strategy depends on extensive 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 are the National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide variety of defendants, including product manufacturers, distributors and contractors. We have extensive experience establishing and developing key defenses including expert testimony, jurisdictional Case Management Orders.

Preparing for trial

Lawyers must carefully prepare their cases ahead of trial so that their clients have the strongest arguments and evidence possible. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying exhibits that will be used at the trial. This process can take a long time in complex cases.

Before developing mesothelioma, many asbestos victims develop a lesser disease such as asbestosis, and pleural plaque. Asbestosis symptoms can include tightening of the lungs which can cause breathing difficulties, coughing, chest pain and so on.

Asbestos victims' lawyers must also carefully review the evidence to determine any possible defendants who could be held liable for the asbestos-related injuries. This involves interviewing family members, colleagues, asbestos abatement workers and asbestos manufacturers, and gathering various documents.

After identifying a potential defendant An attorney must determine the liability of the defendant. The defendants may be individuals, corporations or government agencies. They are held accountable for their negligent acts.

Many legislative solutions to solve asbestos litigation have been formulated in Congress. These efforts haven't been successful due to a variety of complicated political factors. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos companies accountable for their behavior.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the nation. Our attorneys have held manufacturers, insurance companies, and other responsible entities accountable for their part in asbestos exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which 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 of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at annual and Winter conventions.