What Do You Think? Heck What Is Asbestos Litigation?

Asbestos Litigation

Each asbestos case is distinct however the process for defending claims involving asbestos is the same. Your lawyer will need to take a deposition of the plaintiff.

The source of asbestos exposure could be numerous, not just one employer or company. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

In order to file an asbestos claim, it is crucial to pinpoint asbestos exposure. Lawyers for victims often make use of medical records to determine asbestos' source. This could help victims receive compensation from the companies that are accountable for asbestos exposure.

Compensation is essential for mesothelioma patients as well as their families to pay for the cost of costly treatment. Compensation can assist families in dealing with emotional stress with the mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal cases, and victims need to know their rights and the way in which the process operates. Attorneys are able to handle a variety of aspects of a case, they are expected to be involved in the case. This includes responding promptly to requests for discovery and attending court depositions.

It is also crucial to remember that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos attorney as soon as possible. In the event of not filing a claim within the appropriate time frame could result in missing out on financial compensation.

In certain instances victims were exposed to asbestos-containing products made by several companies. In these instances, lawyers representing the victims have to determine the source of all asbestos-containing products, and the contractors and employers who supplied the materials.

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for dozens of bankruptcy filings by asbestos producers. Many of these companies have set up trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer, or other respiratory illnesses. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Antioch asbestos attorneys  of creating an Database

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

To be able to build a successful asbestos defense, lawyers need to have access to a vast database that can identify possible exposure sources. This involves reviewing the websites of employers, speaking with coworkers and obtaining records from employers and suppliers. This involves finding and interviewing nurses or doctors who might be able to provide evidence regarding asbestos exposure.

Making this kind of database can be a challenge particularly when the data has been deleted or lost over time. In these situations it could be necessary to reconstruct an entire insurance program and claims database, using multiple sources, like loss runs, claim files internal system, as well as defense counsel records. This can take many years or even years to complete.

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

Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and lawsuits naming less than 100 defendants is not common.

Identifying the defendants

The truthful basis of asbestos cases is often established through discovery. Many asbestos companies have denied for years that their products could harm people, but after the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can help plaintiffs prove that specific defendants products caused their injuries. To win a lawsuit, a plaintiff has to prove that the defendant's products were used in the workplace, that he inhaled dust from the product, and that this exposure was a major reason for his injuries.

Asbestos cases often involve multiple defendants. The process of identifying them is different from a personal injury lawsuit. By interviewing family and coworkers members, reviewing invoices and work orders, obtaining documents from suppliers and vendors, and analyzing asbestos samples from the plaintiff's work place and home it is possible to build a database that links employers, locations, and products. The type of asbestos involved - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants because each product is manufactured by an individual manufacturer.

Defendants must carefully review these facts and pinpoint the possible sources of exposure, which may require a review of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is long, the creation of an accurate database requires a lot of time and costly investigation.

Due to the sheer number of cases and limited resources of many defendants asbestos cases are often referred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to pool resources and also avoid duplicate discovery.

Making a Case

Asbestos suits require a lot of investigation and the review of numerous documents. This can be a difficult task because asbestos exposure often occurs years before the victim becomes ill. To determine the source of exposure, attorneys need to conduct interviews and look over hundreds of pages of documentation such as the employment records, union documents, social security and tax files as well as medical and laboratory reports.

The lawyers representing the plaintiffs must do all they can to find additional defendants. In many instances, the number of defendants can be as high as 30 or 40. To achieve this, they need to look down the supply chain to look into entities that may have a link to asbestos but who are not included in the lawsuit.

This process can be very lengthy, especially if the claimant suffers from mesothelioma or other serious diseases. In addition, it can be often difficult to locate witnesses and to obtain physical evidence.

A mesothelioma lawyer will establish the identity of all defendants who could be implicated, and their connection to victim's exposure. This can require a thorough examination of over 40 years of the victim's life via interviews and a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy requires a wealth of experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our founding in 1994 and are experts in the nation's defense of businesses 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 product manufacturers distributors, suppliers, and contractors. We have extensive experience in formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Prepare for trial

Lawyers must be careful in preparing their cases prior to trial 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 the exhibits that will be used in the trial. This process can take a long time in complicated cases.

Many asbestos victims develop a less severe disease like asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis symptoms can include tightening of the lungs that could cause breathing problems, coughing, chest pain and so on.

Attorneys for asbestos victims must also review the evidence to identify potential defendants that could be held responsible for the asbestos-related injuries. This may involve interviewing coworkers, family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety.

Once an attorney has identified a possible defendant, they must determine the liability of that party. The defendants could be businesses, individuals, or government agencies. They are held accountable for their actions that were negligent.

Many legislative solutions to solve asbestos litigation have been suggested in Congress. These efforts haven't been effective due to a myriad of complex political factors. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the nation. Our attorneys have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is handled by five judicial districts where cases are assigned to judges that are experienced with asbestos issues.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's club members. Members interact 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.