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Asbestos Litigation

Each asbestos case is unique however, the general procedure for defending against claims based on asbestos is the same. Your lawyer will require you to conduct depositions of the plaintiff.

The exposure of an individual to asbestos can be triggered by multiple sources, not just one employer or company. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

The identification of asbestos exposure is a crucial step in submitting an asbestos claim. Lawyers for victims often use medical records to determine asbestos' source. This can assist victims in obtaining compensation from companies accountable for asbestos exposure.

Mesothelioma victims and their families are entitled to compensation to cover expensive mesothelioma-related treatment. Compensation can also help families cope with the emotional burden of a mesothelioma being diagnosed.

Asbestos lawsuits can be a complicated legal cases, and victims need to understand their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case the plaintiffs are expected to take part in their case as well. This includes responding quickly to requests for discovery and attending court depositions.

It is also important to keep in mind that statutes of limitations in New York are limited, and it is essential to seek out an experienced asbestos attorney as soon as possible. If you do not submit your claim within the prescribed timeframe, you could lose out on financial compensation.

In some instances, victims were exposed to asbestos-containing products produced by various companies. In such cases, the lawyers representing the victims will be required to identify all asbestos-containing products, and the contractors and employers who supplied the asbestos-containing products.

asbestos attorney litigation is the longest-running mass tort in American history, and it has been the cause of numerous bankruptcy filings filed by asbestos producers. Many of these companies set up trust funds for asbestos attorneys victims. But asbestos lawsuit defendants continue to contest evidence linking mesothelioma and asbestos exposure lung cancer or other respiratory ailments. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing a Database

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

To develop a successful asbestos defense, attorneys need to be able to access a large database that will help them identify potential exposure sources. This includes reviewing job sites, interviewing co-workers and collecting records from employers and suppliers. The process also requires finding and interviewing nurses and doctors who can testify about asbestos exposure.

This type of database is difficult to create, particularly if the data has been lost over time. In these situations it could be necessary to rebuild an entire insurance program and claims database using multiple sources, such as loss runs and claim files internal system, as well as defense counsel records. This can take years, or even decades, to complete.

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

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

Identifying the defendants

The factual foundation of asbestos lawsuits - Recommended Looking at - is often established through discovery. Asbestos companies denied for many years that their products could cause harm, but when the lawsuits began the company's documents exposed evidence of the dangers. These documents can be used to prove that particular products of the defendant caused injuries. In order to win a lawsuit the plaintiff must prove that the defendant's products were used in the workplace, and that he inhaled dust from the product, and that exposure to the product was a major reason for his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different than the typical personal injury case. By interviewing coworkers and family members, looking over invoices and work orders, obtaining documents from suppliers and vendors, and analyzing asbestos samples from the plaintiff's workplace and home it is possible to create an information database that connects employers, locations, and products. The type of asbestos involved - amosite, chrysotile, or crocidolite - can also be helpful in identifying defendants because each product is made by the same manufacturer.

The defendants are required to thoroughly review these facts, and identify all possible sources of exposure. This can include a review of over 40 years of records from the Social Security, tax, union, and other records of the worker. Because of the long time lag of asbestos-related injuries, it is difficult and costly to create an accurate database.

Due to the large number of asbestos cases and 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 avoid duplication of discovery.

The process of creating a case

Asbestos lawsuits require extensive research and the review of a large number of documents. This can be a particularly difficult task because asbestos exposure can occur years before the victim becomes ill. To identify the sources of the exposure, attorneys must conduct interviews and carefully go through thousands of pages of documentation such as union documents, employment records as well as social security and tax files, and medical and laboratory reports.

The plaintiffs' attorneys must do all they can to identify other defendants. In many instances, the number of defendants can be as high as 30 or 40. To do this, they must investigate the supply chain to look into companies that might have a link to asbestos but who are not included in the lawsuit.

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

A mesothelioma lawyer will establish the identity of all defendants who could be implicated, and their connection to victim's exposure. This may be accomplished by a thorough analysis of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, labor and tax records.

A successful asbestos litigation strategy requires extensive experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are nationally recognized as leaders in the defense of businesses 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 a wealth of experience formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for trial

Lawyers must be careful in preparing their cases prior to trial to ensure that their clients' arguments and evidence are as strong as they can be. This involves reviewing medical records, gathering all witnesses and identifying evidence to be used in the trial. The process can take lengthy in cases that are complex.

Many asbestos patients are diagnosed with a less serious disease such as asbestosis, the pleural plaque or fibrosis, prior to the development of mesothelioma. Asbestosis can cause chest pain, coughing, and breathing difficulties.

Asbestos victims' lawyers must also scrutinize the evidence to identify any potential defendants that could be held accountable for the asbestos injuries. This involves interviewing family members, coworkers asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and getting various documents.

Once a lawyer has identified a defendant, they must determine the liability of that person. The defendants could be businesses, individuals or government agencies. They must be held accountable for their wrongful actions.

Congress has proposed several legislative solutions to settle asbestos lawsuits. These efforts have not been effective due to a myriad of complicated political issues. Asbestos victims and their lawyers are determined to hold negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled a variety of cases in New York State and across the country. 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 in which cases are assigned to judges familiar with asbestos issues.

The Asbestos Litigation Group welcomes all AAJ members, including regular, life, sustainer, and President's club members. Members meet and discuss legal issues and strategies on the Group's only for plaintiffs list server at the annual and winter conventions as well as in seminars for education on asbestos litigation.