10 Of The Top Mobile Apps To Asbestos Litigation

Asbestos Litigation

Every asbestos case is different however the general procedure for defending against such claims is the same. Your attorney will want to conduct a deposition with the plaintiff.

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

Find out the source of exposure

Identifying asbestos exposure is a crucial step in filing an asbestos claim. Often, the attorneys of victims may use medical records to determine the cause of asbestos. This can assist victims in receiving compensation from the companies responsible for asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of costly treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis.

Asbestos cases can be a complicated legal issues. Victims must be aware of their rights and the process. While attorneys are able to handle a variety of aspects of a case, the plaintiffs are expected to take part in the case too. This includes responding to discovery requests and attending depositions in court.

It is also important to keep in mind that the statutes of limitations in New York are limited, and it is essential to speak with an experienced asbestos lawyer as soon as you can. If you don't submit your claim within the prescribed time period you could be denied on financial compensation.

In some instances, victims have been exposed to asbestos products manufactured by multiple companies. In these cases, victims' attorneys may need to identify the manufacturer of each product, as well as the employers or contractors who supplied the asbestos-containing products.

Asbestos lawsuits are the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies have created trust funds to compensate asbestos victims. But asbestos defendants continue to dispute evidence that links asbestos exposure litigation exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

The process of creating a Database

A case involving asbestos-related diseases or mesothelioma is different than a typical personal injury case. In many cases asbestos litigation, there are a lot of the same defendants (companies that are sued) as well as many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.

To build a viable defense in an asbestos-related case, attorneys must have access to a vast database that can identify potential sources of exposure. This includes looking over job sites, interviewing co-workers and getting information from suppliers and employers. The process also requires tracking down and interviewing doctors and nurses who can testify regarding asbestos exposure.

This type of database is difficult to develop, especially in the event that the data was lost over time. When this happens it may necessitate the reconstruction of a complete claims database and insurance program, usually from multiple sources like loss runs claims files, internal systems, and defense counsel records. It can take years, or even decades to complete.

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

Following the massive bankruptcy of many asbestos producers attorneys for plaintiffs sought new defendants to name in their lawsuits. In the end, asbestos defense litigation cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and suits naming fewer than 100 defendants are rare.

Identifying the Defendants

The majority of asbestos cases are founded on factual evidence that is discovered. Many asbestos companies have denied for decades that their products could cause harm to people, but when the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. To prevail in a lawsuit, a plaintiff has to prove that the defendant's products were used at his workplace, that he inhaled dust from the product and that the 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. The key is to build a database linking employers, locations and products by speaking with relatives and coworkers looking over work orders and invoices as well as documents from suppliers and vendors and analyzing samples taken from the plaintiff's home and workplace sites. The type of asbestos involved such as amosite, chrysotile or crocidolite - is helpful in identifying defendants because each product is produced by the same manufacturer.

Defendants are required to carefully look over these facts and determine all possible sources of exposure. This may include a look at more than 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's difficult and expensive to establish an accurate database.

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

Making a Case

Asbestos suits require extensive study and examination of a variety of documents. This can be a difficult job, as asbestos exposure is often a long time before the victim becomes ill. To pinpoint the source of the asbestos exposure, lawyers must conduct interviews and examine thousands of documents including employment records and union documents tax files, social security files, medical and laboratory reports.

The attorneys representing the plaintiffs must also do everything they can to find other defendants. In certain instances, there could be up to 40 defendants. To do so they must go further down the supply chain and investigate entities with a possible nexus to asbestos, but have not been named in the litigation.

This process can be very long, particularly when the plaintiff suffers from mesothelioma, or other serious illnesses. In addition, it is often difficult to locate witnesses and obtain physical evidence.

A mesothelioma lawyer will identify the potential defendants and their connection to victim's exposure. This could require a thorough examination of over 40 years of the victim's life through interviews as well as a review of their social security, union, and tax records.

A successful asbestos litigation strategy requires extensive knowledge of this 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 nationally recognized as leaders in the defense of companies involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide array of defendants, which includes distributors, manufacturers and contractors. We have extensive experience in formulating and drafting key defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must carefully prepare their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they can be. This includes reviewing medical records and Asbestos Litigation Group making sure that all witnesses are prepared. It also involves identifying exhibits that will be used at the trial. This process can take years long in complex cases.

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

Asbestos victims' lawyers must also carefully review the evidence to identify any potential defendants who could be held accountable for asbestos-related injuries. This involves interviewing family members, coworkers asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and getting various documents.

Once a defendant has been identified, an attorney must determine the liability of the defendant. The defendants may be individuals, corporations or government agencies. They are accountable for their negligent acts.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. The efforts have not been successful due to a variety of complicated political issues. Asbestos victims along with their lawyers and government are determined to hold negligent asbestos firms accountable for their conduct.

Waters Kraus & Paul is an attorney firm that has handled hundreds cases in New York State and across the nation. Our lawyers have held asbestos producers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts in which cases are assigned to judges who are familiar with asbestos issues.

The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at Winter and annual conventions.