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Asbestos Litigation

Each asbestos lawyers case is unique however the general procedure for defending against such claims is the same. Your lawyer will require you to take an interview with the plaintiff.

The cause of asbestos exposure can be numerous, not only one company or employer. This is why asbestos cases usually involve multiple defendants.

Identifying the source of exposure

To submit an asbestos claim it is crucial to pinpoint asbestos exposure. Lawyers representing victims typically utilize medical records to determine asbestos' source. This can assist victims in receiving compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma victims and their families require compensation to cover expensive mesothelioma treatments. Compensation can also help families cope with the emotional burdens of mesothelioma being diagnosed.

Asbestos lawsuits are complicated legal cases, and victims need to understand their rights and how the process works. While attorneys can handle a variety of aspects of a case they are expected to participate in the process. This includes responding to requests for discovery and taking depositions.

Remember that the statutes of limitations are restricted in New York, and you should consult an asbestos attorney, news, as soon a possible. Failure to file an asbestos claim within the proper time frame could result in the loss on financial compensation.

In some cases asbestos-containing products produced by multiple companies have been used to expose victims. In these instances, victims' attorneys may need to identify the companies that made each product, as well as the employers or contractors who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for dozens of bankruptcy filings by asbestos manufacturers. Many of these companies established trust funds for asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos 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.

Developing the Database

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

To be able to build a successful asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This includes reviewing job sites, talking to coworkers and collecting records from employers and suppliers. The process also involves the search for and interviewing nurses and doctors who are able to testify about asbestos exposure.

Making this kind of database can be difficult particularly when the data has been lost or destroyed over time. When this happens it could necessitate the reconstruction of an entire claims database and insurance program, often from multiple sources such as loss runs and claim files, internal systems and defense counsel records. This can take many years or even decades to complete.

Asbestos lawyers also need access to a program that allows them to locate potential exposure areas and identify potential defendants. Having this information at the fingertips of attorneys can help save time and money.

Following the massive bankruptcy of many asbestos manufacturers the plaintiffs' lawyers were seeking new defendants to list in 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 suits naming fewer than 100 defendants are rare.

Identifying the Defendants

The truthful basis of asbestos cases is usually established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but after the lawsuits began, documents from the company exposed evidence of the dangers. These documents can aid plaintiffs establish that certain defendants products caused their injuries. To win a case the plaintiff must show that the defendant's product was utilized at his work site and that the worker was exposed to it by inhaling dust and that the exposure to the dust was a major reason for his injuries.

Since asbestos lawyer cases involve multiple defendants, the process of identifying defendants is different from an ordinary personal injury case. The key is to develop a database linking employers and their locations, as well as products. This is done by interviewing co-workers and relatives, reviewing invoices and work orders, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and employment websites. It can also help to identify defendants if you are aware of the kind of asbestos, such as amosite or chrysotile.

The defendants are required to thoroughly look over these facts and identify all possible exposure sources. This could include a look at more than 40 years of records from Social Security, tax, union and other records of workers. Because the time lag for asbestos-related injuries is so long, establishing an accurate database requires a lot of time and costly discovery.

Because of the large numbers of cases and limited resources of many defendants Many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and reduce duplication of discovery.

The process of creating a case

Asbestos lawsuits require extensive investigation and the review of a large number of documents. This can be a difficult task because asbestos exposure is often a long time before the victim becomes ill. To determine the source of asbestos exposure, attorneys must conduct an interview and go through thousands of pages of documents including employment records and union documents tax files, social security records, lab and medical reports.

The attorneys representing the plaintiffs have to do everything they can to locate additional defendants. In some cases, there can be up to 40 defendants. To achieve this they must go further down the supply chain and look into entities with a possible nexus to asbestos, even if they haven't been identified in the lawsuit.

This process is often very time consuming, especially when the plaintiff is suffering from mesothelioma, or other serious diseases. In addition, it is often difficult to find witnesses and get physical evidence.

An attorney for mesothelioma will try to establish all potential defendants and the connection to the victim's exposure. This may involve a thorough review over the last 40 years of a victim's life. This may include interviews as well as a review of their social security, labor, union and tax records.

A successful asbestos litigation strategy relies on years of experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception back in 1994. We are the national leaders in defending firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive experience establishing and developing key defenses including expert testimony, jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must meticulously prepare their cases prior to trial to ensure that their clients' arguments and evidence are as strong as they could be. This involves reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the trial. This process can take years in complex cases.

Many asbestos patients develop a less severe disease like asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's development. Asbestosis can cause chest pain, coughing, and breathing difficulties.

Attorneys for asbestos victims must also look over the evidence to determine potential defendants that might be accountable for the asbestos injuries. This includes interviewing coworkers or family members, abatement workers, asbestos manufacturers and obtaining a variety of documents.

After a lawyer has identified a defendant, they must determine the liability of the person. The defendants may be individuals, corporations or governmental agencies. They must be held accountable for their negligent actions.

Congress has offered a variety of legislative solutions to settle asbestos lawsuits. These efforts haven't been successful due to a range of complex political factors. Asbestos victims as well as their lawyers and the government remain committed to holding negligent asbestos firms accountable for their behavior.

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

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