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Asbestos Litigation

Each asbestos case is unique, but the general procedure to defend against such claims is the same. Your lawyer will ask you to conduct depositions of the plaintiff.

The exposure of a person to asbestos can be triggered by many places, not just one employer or company. This is why asbestos cases typically involve multiple defendants.

Find out the source of exposure

In order to file an asbestos claim, it is important to identify asbestos exposure. Lawyers representing victims typically make use of medical records to determine asbestos' source. This can assist victims in obtaining compensation from companies accountable for asbestos exposure.

Mesothelioma sufferers and their families are entitled to compensation to pay for mesothelioma-related treatment. Compensation can also help families cope with the emotional burden of a mesothelioma diagnosis.

asbestos attorneys lawsuits are complex legal cases, and victims must be aware of their rights and how the process works. While attorneys are able to handle a variety of aspects of a case, victims are expected to participate in their own case. This includes responding to requests for discovery and taking depositions.

Be aware that the statutes are limited 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 time frame could result in missing out on financial compensation.

In some cases asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, lawyers representing the victims have to determine the source of all asbestos-containing products, as well the contractors and employers who supplied the materials.

Asbestos lawsuits are the longest-running mass tort of American history. It's the cause of numerous bankruptcy filings by asbestos manufacturers. Many of these companies set up trust funds for asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating a Database

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

To build a strong asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This includes reviewing the job site, interviewing coworkers and obtaining documents from employers and suppliers. This involves finding and interviewing nurses or doctors who might be able to be able to testify about asbestos exposure.

This kind of database is difficult to build, particularly if the data has been lost over time. In these instances, it may be necessary to rebuild the entire insurance program and claims database, using multiple sources like loss runs, claim files, internal system and defense counsel records. This could take a number of years or even decades to complete.

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

After the collapse of several asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the volume is paramount and lawsuits that name less than 100 defendants are a rarity.

Identifying the Defendants

The actual basis of asbestos cases is usually 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 assist plaintiffs prove that specific defendants products caused their injuries. In order to win a lawsuit the plaintiff must prove that the defendant's product were used in the workplace, that he inhaled dust from the product, and that the exposure was a major reason for his injuries.

Asbestos cases usually involve several defendants. The method of identifying them differs from a personal injury case. By interviewing family and coworkers members, examining invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples from the plaintiff's workplace and home, it is possible to create a database that links employers as well as locations and products. The type of asbestos attorneys involved - amosite, chrysotile or Crocidolite - could be useful in identifying defendants since each product is manufactured by the same manufacturer.

Defendants must carefully review these facts and pinpoint all possible sources of exposure, which can involve a review of more than forty years of a worker's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is so long, the creation of an accurate database is a lengthy and costly investigation.

Due to the high volume of asbestos cases and the insufficient resources of defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This gives defendants the opportunity to share resources, and also avoid duplicate discovery.

Case Development

Asbestos suits require a lot of study and examination of numerous documents. This can be particularly challenging because asbestos exposure often occurred long before the victim became sick. To pinpoint the source of asbestos exposure, attorneys must conduct interviews and review thousands pages of documentation like union and employment records tax files, social security files, medical and lab reports.

The attorneys representing the plaintiffs must do their best to identify additional defendants. In certain cases, there could be as many as 40 defendants. To accomplish this, they have to investigate the supply chain to investigate companies that might have a connection with asbestos, but aren't mentioned in the lawsuit.

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

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

A successful asbestos litigation strategy requires a lot of knowledge of this complicated legal field. Since its inception at the beginning of 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, global litigation. We are the National Coordinating Counsel and liaison counsel as well as coordinating the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have a wealth of experience establishing and developing key defenses, expert testimony and jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers need to carefully prepare their cases ahead of trial so that their clients can present the strongest arguments and evidence possible. This involves reviewing medical records, gathering all witnesses and identifying exhibits to be used in the case. The process can take years long in complex cases.

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

Asbestos victims' lawyers must also scrutinize the evidence to identify any potential defendants who could be held liable for asbestos-related injuries. This involves interviewing co-workers, family members, asbestos manufacturers, asbestos abatement employees and obtaining various documents.

Once a defendant has been identified An attorney must determine the liability of the party. The defendants may be individuals, corporations or governmental agencies. They must be held responsible for their actions that were negligent.

A variety of legislative solutions to end asbestos litigation have been proposed in Congress. 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 remain committed to holding asbestos companies accountable for their conduct.

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

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.