20 Trailblazers Leading The Way In Asbestos Litigation

Asbestos Litigation

Each asbestos class action litigation case is different however the process to defend these claims is the same. Your lawyer will ask you to conduct a deposition of the plaintiff.

The source of asbestos exposure could be numerous, not just one employer or company. This is the reason asbestos cases usually involve multiple defendants.

Find out the source of exposure

In order to submit an asbestos claim it is essential to determine the source of asbestos exposure. Lawyers for victims often make use of medical records to determine the source of asbestos. This could help victims receive compensation from the companies liable for their asbestos exposure.

Compensation is essential for mesothelioma patients as well as their families to cover the cost of expensive treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma being diagnosed.

Asbestos cases are complex legal issues. The victims must be aware of their rights and the procedure. Attorneys can handle a variety of aspects of a case, they are expected to participate in the process. This includes responding promptly to discovery requests and participating in court depositions.

Remember that the statutes are limited in New York, and you should consult an asbestos attorney as soon a possible. Failure to file a claim within the appropriate timeframe could result in a denial on financial compensation.

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

Asbestos lawsuits are the longest-running mass tort of American history. It is responsible for dozens bankruptcy filings from asbestos producers. Many of these companies have set up trust funds to compensate asbestos victims. However, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

The process of creating a Database

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

To build a strong asbestos defense, lawyers have to be able to access a large database that can identify possible exposure sources. This includes reviewing the job site, talking to coworkers and obtaining documents from employers and suppliers. This involves locating and interviewing nurses or doctors who may be able to testify regarding asbestos litigation paralegal exposure.

This kind of database can be difficult to create, particularly in the event that the data was lost over time. In these cases, it may be necessary to reconstruct the entire insurance program and claims database, making use of multiple sources, such as loss runs and claim files, internal system and defense counsel records. This can take years, or even years, to complete.

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

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

Identifying Defendants

The majority of asbestos cases are founded on factual evidence that is discovered. Many asbestos companies have denied for years that their products could cause harm to people, but after the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can assist plaintiffs prove that specific defendants' products caused their injuries. To win a case, the plaintiff must show that the defendant's product was used at his workplace and that he was exposed to it inhaling dust and that exposure to the dust was a major cause of his injuries.

Asbestos cases usually involve several defendants. The process of identifying them differs from a personal injury case. By interviewing coworkers and family members, reviewing invoices and work orders, getting documents from suppliers and vendors, asbestos law & litigation and analyzing asbestos samples from the plaintiff's workplace as well as home it is possible to establish an online database that links employers as well as locations and products. It is also possible to identify defendants if you know the kind of asbestos, such as amosite or chrysotile.

The defendants must be attentive to these facts and identify the possible sources of exposure. This may require a review of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because of the long time lag of asbestos-related injuries, it's difficult and expensive to establish an accurate database.

Due to the large number of asbestos cases and the limited resources of defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This allows defendants to share their resources and asbestos law & litigation avoid duplication of discovery.

The process of creating a case

Asbestos suits require extensive investigation and the review of many documents. This can be a difficult job, as asbestos exposure often occurs years before the person who suffers from illness. To determine the source of the asbestos exposure, lawyers must conduct an interview and review thousands pages of documentation like union and employment records, tax files and social security files, medical and laboratory reports.

The lawyers representing the plaintiffs must also do everything they can to find other defendants. In many instances, the number of defendants can be as high as 30 or 40. To achieve this they must go further down the supply chain and research companies that may have a connection to asbestos Law & litigation, even if they haven't been identified in the lawsuit.

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

A mesothelioma attorney will work to establish all potential defendants and their connection to the victim's exposure. This could require a thorough review of more than 40 years of the victim's history through interviews and a review of their social security, union, and tax records.

A successful asbestos litigation strategy requires a wealth of experience in this tangled legal field. Since its inception in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leader in the nation in defending companies in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience formulating and establishing crucial defenses, expert witness testimony and jurisdictional Case Management Orders.

Preparing for trial

Lawyers need to carefully prepare their cases prior to trial to ensure that their clients have the strongest evidence and arguments possible. This includes reviewing medical records and preparing all witnesses. It is also about identifying the exhibits that will be used during the trial. This process can take a long time in cases that are complex.

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

Asbestos victims' attorneys must also scrutinize the evidence to identify any potential defendants that could be held responsible for the asbestos exposure litigation injuries. This includes interviewing coworkers, family, asbestos abatement workers and asbestos manufacturers, in addition to gathering various documents.

After an attorney has identified a possible defendant, they must then determine the liability of that person. The defendants could be individuals, companies or governmental organizations. They must be held accountable for their actions.

A variety of legislative solutions to end asbestos litigation have been formulated in Congress. These efforts haven't been successful due to a range of complicated political issues. Asbestos victims as well as their lawyers and the government remain determined to hold asbestos companies accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the nation. Our attorneys have held manufacturers, insurance companies and other responsible parties accountable for their role in the asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts where cases are assigned by judges with experience in asbestos cases.

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