The 10 Scariest Things About Asbestos Litigation

Asbestos Litigation

Each asbestos case is unique however the process for defending claims involving asbestos is the same. Your lawyer will require you to take depositions of the plaintiff.

A person's exposure to asbestos can come from many places, not just one employer or company. This is why asbestos cases typically involve multiple defendants.

Identifying the source of exposure

To make an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, attorneys representing victims can work with medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.

Compensation is essential for mesothelioma patients and their families to cover the cost of expensive treatment. Compensation can also help families cope with the emotional burdens of mesothelioma being diagnosed.

Asbestos lawsuits are complicated legal proceedings, and the victims must be aware of their rights and how the process works. While attorneys can handle a lot of aspects of a case, the plaintiffs are expected to take part in the case too. This includes responding to discovery requests and taking depositions.

It is also important to keep in mind that the statutes of limitations in New York are limited, and it is important to speak with an experienced asbestos attorney as soon as you can. If you fail to file your claim within the specified time frame, you could lose out on financial compensation.

In some instances asbestos litigation wiki-containing products manufactured by multiple companies have been used to expose victims. In these instances, victims lawyers might need to identify the manufacturer of each product, in addition to the contractors or employers who provided the asbestos-containing materials.

Asbestos litigation has been the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings from asbestos producers. Many of these companies have established trust funds to pay compensation to Latest Asbestos Litigation victims. Despite this asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite research 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 lawsuit involving asbestos-related diseases or mesothelioma differs from a typical personal injury claim. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms as well as the same expert witnesses.

In order to develop a viable defense in an asbestos case attorneys need access to a comprehensive database that can identify potential exposure sources. This involves reviewing the work site, speaking with coworkers and getting documents from employers and suppliers. This also involves the search for and interviewing nurses and doctors who can testify regarding asbestos exposure.

This kind of database is difficult to develop, especially when the data has been lost over time. If this happens it may require the reconstruction of a complete claims database as well as an insurance program, typically from multiple sources like loss runs claims files, internal systems and defense counsel records. It can take a long time or even years to complete.

Asbestos lawyers also need access to a software that allows them to find potential exposure sites and to identify potential defendants. Attorneys can save time and money by having this information available to them.

Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the number of defendants is paramount, and suits that name fewer than 100 defendants are a rarity.

Identifying the defendants

Most asbestos cases are founded on factual evidence that is discovered. asbestos litigation meaning companies have denied for a number of years that their products could cause harm, but once lawsuits began the company's documents exposed evidence of the dangers. These documents can aid plaintiffs prove that a specific defendant products were responsible for their injuries. In order to win a lawsuit a plaintiff has to prove that the defendant's products were used in the workplace, and that he inhaled dust from the product and that the exposure was a major reason for his injuries.

Because asbestos cases involve multiple defendants, the method 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 speaking with relatives and coworkers looking over invoices and work orders as well as documents from suppliers and vendors and analyzing samples taken from the plaintiff's residence and employment websites. It is also a good way to identify defendants if one knows the kind of asbestos, such as chrysotile or amosite.

The defendants must take the time to review the facts and determine all possible sources of exposure. This can involve a examination of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the time between asbestos-related injuries is long, the creation of an accurate database requires a lot of time and costly investigation.

Due to the huge number of asbestos cases, and the limited resources of many defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants to share resources and prevent duplicate discovery.

The process of creating a case

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 exposure, lawyers must conduct interview and carefully examine thousands of documents, such as employment records and Latest Asbestos litigation union documents as well as tax files, social security files, medical and laboratory reports.

The lawyers representing the plaintiffs must do all they can to identify additional defendants. In many cases, the number defendants could be as high as 30 or 40. To achieve this they must go further down the supply chain and research organizations that could have a connection to asbestos, even if they haven't been named in the litigation.

This process can be very time consuming, especially when a claimant is suffering from mesothelioma or other serious illnesses. It can be difficult to find witnesses and gather physical evidence.

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

A successful asbestos litigation strategy is dependent on years of experience in a tangled area of law. Since the time we were founded back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive experience in creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must meticulously prepare their cases before trial so that their clients can present the strongest evidence and arguments possible. This includes reviewing medical records and prepping all witnesses. It also involves identifying the exhibits that will be used during the trial. This process can take years in complex cases.

Many asbestos victims have a less severe illness such as asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis can cause chest pain, coughing and difficulty breathing.

Asbestos victims' lawyers must also scrutinize the evidence to determine any possible defendants who could be held accountable for the asbestos injuries. This includes interviewing coworkers, family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents.

After identifying a potential defendant, an attorney must determine the liability of this party. The defendants could be individuals, corporations or governmental organizations. They are accountable for their actions.

A variety of legislative solutions to end asbestos litigation have been proposed in Congress. These efforts have not been successful due to a range of complicated political issues. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos litigation meaning companies accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds 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 asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts where cases are assigned by judges who have experience in asbestos cases.

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