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Asbestos Litigation

Each asbestos case is unique, but the general procedure to defend against such claims is the same. Your attorney will want you to take an interview with the plaintiff.

The exposure of a person to asbestos can come from many places, not just a single employer or company. This is why asbestos cases usually involve multiple defendants.

Determining the Source of Exposure

To make an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, victims' attorneys may use medical records to determine the cause of asbestos. This could help victims receive compensation from the companies responsible for their asbestos exposure.

Mesothelioma sufferers and their families require compensation to cover the cost of mesothelioma treatment. Compensation can also help families cope with the emotional burden of mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal proceedings, and the victims must be aware of their rights and how the process works. While attorneys can handle many aspects of a case, victims are expected to participate in their own case. This includes responding promptly to discovery requests and attending court depositions.

Remember that the statutes are restricted in New York, and you should consult an asbestos attorney as soon as you can. If you fail to submit your claim within the prescribed time frame you could be unable to collect on financial compensation.

In some instances, victims were exposed to asbestos products manufactured by multiple companies. In these instances, victims lawyers may be required to identify the manufacturer of each product, in addition to the employers or contractors who supplied asbestos-containing materials.

asbestos attorney litigation is the longest-running mass tort in American history, and it has been the cause of hundreds of bankruptcy filings from asbestos producers. Many of these companies have established trust funds to pay compensation to asbestos victims. But asbestos defendants continue to challenge evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory ailments. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing an Database

A lawsuit involving asbestos-related illnesses or mesothelioma is distinct from a typical personal injury claim. In many cases, asbestos litigation involves many of the same defendants (companies that are being sued), many of the same law firms representing plaintiffs, and a lot of 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 involves reviewing the websites of employers, speaking with coworkers and collecting documents from suppliers and employers. This process involves locating and interviewing nurses or doctors who may be able testify regarding asbestos exposure.

This kind of database can be difficult to build, particularly when the data has been lost over time. In these instances it is possible to rebuild a complete insurance program and claims database, using multiple sources, including loss runs, claim files internal system, as well as defense counsel records. This can take years, or decades, to complete.

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

After the collapse of several asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. In the end 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

Often, asbestos cases are founded by factual evidence that's later discovered. Asbestos companies have denied for a number of years that their products could cause harm, but after lawsuits started, documents from the company exposed evidence of the dangers. These documents can aid plaintiffs prove that specific defendants products were responsible for their injuries. To win a lawsuit, a plaintiff has to prove that the defendant's product were used at his workplace, and that he inhaled dust from the product, and that the exposure was a major factor in his injuries.

Asbestos cases often involve several defendants. The process of identifying them is different from a personal injury case. 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 workplace as well as home, it is possible to establish a database that links employers, locations, and products. The type of asbestos involved - amosite, chrysotile, or Crocidolite - could be helpful in identifying defendants as each product is manufactured by the same manufacturer.

Defendants must carefully review these facts and pinpoint the possible sources of exposure. This may require a examination of more than 40 years of a worker's life through Social Security, union, tax and other records. Due to the lengthy latency of asbestos attorneys-related injuries, it is difficult and expensive to establish an accurate database.

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

Case Development

Asbestos lawsuits involve extensive research and the examination of a large number of documents. This can be particularly difficult because asbestos exposure often was a long time before the victim developed a health issue. In order to identify the sources of exposure, attorneys must conduct interviews and carefully go through thousands of pages of documentation like the employment records, union documents, social security and tax files as well as medical and laboratory reports.

The plaintiffs' attorneys must do all they can to identify other defendants. In certain cases, there could be as many as 40 defendants. To accomplish this they must go further down the supply chain and research companies that may have a connection to asbestos that have not been named in the lawsuit.

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

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

A successful asbestos litigation strategy requires extensive experience in this complex legal field. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in the defense of companies in multi-jurisdictional litigation that spans the entire industry. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad variety of defendants, including distributors, manufacturers and contractors. We have extensive expertise in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for the Trial

Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are as strong as they can be. This includes reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the case. This process can take years long in complex cases.

Many asbestos sufferers develop a less severe disease such as asbestosis, the pleural plaque or fibrosis, prior to the development of mesothelioma. Asbestosis can cause chest pain, coughing and difficulty breathing.

Attorneys representing asbestos victims should also review the evidence to identify potential defendants that might be accountable for the asbestos injuries. This involves interviewing coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos attorneys manufacturers, as well as obtaining various documents.

Once a lawyer has identified a potential defendant, they must then determine the liability of the party. The defendants may be individuals, companies or governmental agencies. They must be held accountable for their negligent actions.

Congress has proposed several legislative remedies to resolve asbestos lawsuits. However, these attempts have failed due to a number of complex political reasons. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. 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 concentrated in five judicial districts where cases are assigned to judges familiar with asbestos-related issues.

The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at annual and Winter conventions.