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Asbestos Litigation

Every asbestos attorneys case is different, but the general procedure for defending against such claims is the same. Your lawyer will require you to conduct depositions of the plaintiff.

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

Find out the source of exposure

Identifying asbestos exposure is an important step to file an asbestos claim. Often, victims' attorneys can use medical documents to determine the source of asbestos. This can help victims receive compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma patients and their families require compensation to cover the cost of mesothelioma-related treatment. Compensation can help families cope emotionally with a mesothelioma diagnoses.

asbestos attorney lawsuits are 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 case as well. This includes responding to requests for discovery and attending depositions.

It is also crucial to remember that the statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos lawyer as soon as possible. If you don't submit your claim within the specified timeframe you could be unable to collect on financial compensation.

In some cases, victims were exposed to asbestos products manufactured by multiple companies. In these cases, the victims lawyers may be required to identify the manufacturers of each product, as well as the employers or contractors who supplied asbestos-containing materials.

Asbestos litigation has been the longest-running mass tort in American history. It is responsible for numerous bankruptcy filings from asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. Despite this asbestos defendants continue to deny the evidence linking asbestos lawsuit exposure to mesothelioma or lung cancer. This is despite research by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating an Database

A case involving asbestos-related diseases or mesothelioma is different than a typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by same law firms as well as the same expert witnesses.

To build a viable defense in an asbestos-related case, attorneys must have access to a vast database that can help identify possible sources of exposure. This involves reviewing the work site, speaking with coworkers and obtaining documents from employers and suppliers. This also involves the search for and interviewing doctors and nurses who can testify about asbestos exposure.

This kind of database can be difficult to build, particularly when the data has been lost over time. In these situations, it may be necessary to recreate the entire insurance program and claims database, using multiple sources like loss runs, claim files internal system, as well as defense counsel records. It can take a long time or even years to complete.

Asbestos attorneys must also have access to a software that allows them to identify potential defendants and locate potential exposure sites. Attorneys can cut down on time and money by having this information at their fingertips.

After the bankruptcy of many asbestos producers, plaintiffs' attorneys looked for new defendants for their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trials where volume reigns supreme and suits that name fewer than 100 defendants are not common.

Identifying the Defendants

Most asbestos lawsuits are based on evidence based on facts that are discovered. Many asbestos companies denied for many years that their products could harm people, but after lawsuits began, company documents were discovered to provide 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 show that the defendant's product was in use at his work site and that the worker was exposed to it by inhaling dust and that exposure was a significant cause of his injuries.

Asbestos cases often involve several defendants. The method of identifying them is different from a personal injury lawsuit. By interviewing family and coworkers members, examining invoices and work orders, getting documents from suppliers and vendors, and analyzing asbestos samples taken from the plaintiff's work place and home, it is possible to establish a database that links employers as well as locations and products. The type of asbestos used - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants as each product is made by a different manufacturer.

Defendants must carefully examine these facts and determine all possible exposure sources. This may include a look at 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, creating an accurate database requires extensive and costly investigation.

Due to the high volume of asbestos cases, and the limited resources of many defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants the opportunity to share resources, and avoid duplication of discovery.

The process of creating a case

Asbestos lawsuits require extensive investigation and the review of numerous documents. This can be a particularly difficult task, since asbestos exposure often occurs years before a person is diagnosed with a disease. To determine the sources of the exposure, attorneys need to conduct interviews and look over the thousands of pages of documents like the employment records, union documents social security and tax records and medical and laboratory reports.

The lawyers representing the plaintiffs 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 do so they must go further down the supply chain and look into entities with a possible nexus to asbestos, but have not been named in the lawsuit.

This process can be extremely lengthy, especially when the plaintiff suffers from mesothelioma or other serious illnesses. In addition, it is often difficult to locate witnesses and get physical evidence.

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

A successful asbestos litigation strategy is dependent on a wealth of experience in a tangled area of law. Since its inception back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in defending businesses in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive expertise in creating and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must be careful in preparing their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they could be. This includes reviewing medical records, preparing all witnesses and identifying the exhibits that will be used in the case. This process can take a long time in cases that are complex.

Before developing mesothelioma, many 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 carefully review the evidence to determine any potential defendants who could be held responsible for the asbestos-related injuries. This includes speaking with coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, in addition to getting various documents.

Once an attorney has identified a potential defendant, they must then determine the liability of the party. The defendants could be individuals, companies or governmental organizations. They are held accountable for their wrongful actions.

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. However, these attempts have failed due to a number of complex political reasons. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the nation. Our lawyers have held insurance companies, and other responsible parties accountable for their involvement in asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are supervised by judges with experience in asbestos matters.

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, and also at winter and annual conventions.