• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Asbestos Litigation

Each asbestos case is unique however the process to defend these claims is similar. Your lawyer will ask you to conduct a deposition of the plaintiff.

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

Determine the source of exposure

To submit an asbestos claim it is important to identify asbestos exposure. Often, the attorneys of victims can work with medical records to determine the source of asbestos. This can assist victims in obtaining compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma patients and their families need compensation to cover the cost of mesothelioma treatments. Compensation can also help families cope with the emotional burden of a mesothelioma being diagnosed.

Asbestos cases are complex legal cases. Victims must be aware of their rights and the procedure. While attorneys are able to handle a variety of aspects of a case, they are expected to participate in the case. This includes responding to requests for discovery and attending court depositions.

Be aware that the statutes are restricted in New York, and you should seek advice from an asbestos lawyer as soon as you can. If you do not file your claim within the specified time frame you could be unable to collect on financial compensation.

In a few instances, asbestos products made by multiple companies have been used to expose victims. In these instances, victims lawyers may be required to identify the manufacturer of each product, in addition to the employers or contractors who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history. It's responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies established trust funds for asbestos lawsuit victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite research by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing a Database

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

In order to develop a successful defense in a case involving asbestos, attorneys must have access to a comprehensive database that can identify possible sources of exposure. This involves reviewing the job site, interviewing coworkers and getting 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.

This type of database is difficult to develop, especially in the event that the data was lost over time. In these cases it is possible to rebuild the entire insurance program and claims database using multiple sources, such as loss runs and claim files, internal system and defense counsel records. It can take years, or even decades, to complete.

Asbestos lawyers should also have access to a software that allows them locate potential exposure areas and identify potential defendants. Attorneys can cut down on 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 asbestos attorney cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and suits that name fewer than 100 defendants are a rarity.

Identifying Defendants

The factual foundation of asbestos cases is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but once the lawsuits began documents from the company provided evidence of the dangers. These documents can assist plaintiffs prove that a specific defendant' products caused their injuries. To win a lawsuit, the plaintiff must prove that the defendant's product were used in the work place, that he breathed in dust from the product and that exposure to the product was a major reason for his injuries.

Since asbestos cases involve multiple defendants, the process of identifying defendants is different than the typical personal injury case. The key is to build a database linking employers, locations and products by speaking with relatives and coworkers looking over work orders and invoices and obtaining documents from suppliers and vendors and analyzing samples from the plaintiff's residence and workplace websites. It can also help to identify defendants if you know the type of asbestos, like amosite or chrysotile.

Defendants must carefully review these facts, and determine the possible sources of exposure. This may include a thorough review of more than 40 years of records from the Social Security, tax, union, and other documents of workers. Due to the long latency of asbestos-related injuries, it is difficult and expensive to establish an accurate database.

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

Case Development

Asbestos suits require a lot of research and the examination of numerous documents. This can be particularly difficult because asbestos exposure often was a long time before the victim developed a health issue. To identify the source of the asbestos lawyers exposure, lawyers must conduct interviews and examine thousands of documents, such as union and employment records tax files, social security files, medical and lab reports.

The lawyers representing the plaintiffs must do all they can to locate other defendants. In certain cases, there could be up to 40 defendants. To accomplish this they must go further down the supply chain and look into organizations that could have a connection to asbestos, even if they haven't been named in the lawsuit.

This process can be extremely long and time-consuming, particularly when the claimant suffers from mesothelioma and other severe illnesses. Additionally, it is often difficult to locate witnesses and obtain physical evidence.

A mesothelioma lawyer will determine the potential defendants and their connection to victim's exposure. This can require a thorough review of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, and tax records.

A successful asbestos litigation strategy is dependent on a wealth of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our founding back in 1994. We are the national leaders in defending firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including manufacturers of products, suppliers, distributors and contractors. We have extensive expertise in formulating and establishing crucial defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they could be. This involves reviewing medical records, gathering all witnesses and identifying evidence to be used in the trial. This process can take years long in complex cases.

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

Lawyers for asbestos victims must also examine the evidence in order to determine potential defendants that might be accountable for the asbestos-related injuries. This involves interviewing family members, coworkers asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and obtaining various documents.

After identifying a potential defendant, an attorney must determine the liability of the party. The defendants could be individuals, companies or governmental agencies. They must be held accountable for their negligent actions.

Several legislative remedies to resolve asbestos litigation have been proposed in Congress. These efforts have not been successful due to a range of complex political factors. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our attorneys have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts, where cases are assigned to judges that are experienced with asbestos-related issues.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's club members. Members network and discuss legal issues and strategies on the Group's plaintiff-only list server, at annual and winter conventions and participate in educational seminars on asbestos litigation.