It's The Ugly Reality About Asbestos Litigation

Asbestos Litigation

Every asbestos case is different however the general procedure to defend against claims based on asbestos is the same. Your lawyer will require you to take a deposition of the plaintiff.

The source of asbestos exposure can be numerous, not only one employer or business. This is the reason asbestos cases usually involve multiple defendants.

Find out the source of exposure

In order to file an asbestos claim, it is important to identify asbestos exposure. Often, the attorneys of victims can use medical documents to determine the source of asbestos. This can assist victims in obtaining compensation from companies responsible for their asbestos exposure.

Compensation is required by mesothelioma patients as well as their families to pay for the expense of expensive treatment. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced.

Asbestos cases can be a complicated legal cases. Victims must be aware of their rights and the procedure. While attorneys are able to handle a variety of aspects of a case they are expected to participate in the case. This includes responding promptly to requests for discovery and attending court depositions.

Remember that the statutes of limitations are restricted in New York, and you should consult an asbestos attorney [have a peek here] as soon a possible. In the event of not filing an asbestos claim within the proper timeframe could result in missing out on financial compensation.

In a few instances asbestos-containing products produced by several companies have been used to expose victims. In these instances, lawyers representing the victims have to determine the source of all asbestos-containing products, and the companies and contractors that supplied the asbestos-containing products.

Asbestos lawsuits are the longest-running mass tort in American history. It is responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies have created trust funds to compensate asbestos victims. But asbestos defendants continue to contest evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. 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 mesothelioma lawsuit or other asbestos-related diseases is distinct from a typical personal injury case. In many asbestos litigation cases, plaintiffs are represented by same law firms and the same expert witnesses.

To be able 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 examining the job site, talking to coworkers, and obtaining documents from suppliers and employers. The process also requires tracking down and interviewing doctors and nurses who can testify about asbestos exposure.

Making this kind of database can be challenging, especially in cases where the data was lost or destroyed over time. When this occurs it could require the reconstruction of a complete claims database as well as an insurance program, usually from a variety of sources, including loss runs claims files, internal systems and defense counsel records. This could take a number of years or even years to complete.

Asbestos lawyers should also have access to a software that allows them locate potential exposure sites and to identify potential defendants. Having this information available to attorneys can save both valuable time and money.

After the collapse of several asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. Because of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and suits that name less than 100 defendants is rare.

Identifying the Defendants

The truthful basis of asbestos lawsuit cases is usually established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but once lawsuits started the company's documents revealed 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 a plaintiff has to prove that the defendant's products were used in the workplace, that he inhaled dust from the product, and that exposure to the product was a major reason for his injuries.

Asbestos cases typically involve several defendants. The process of identifying them is different from a personal injury lawsuit. By interviewing family and coworkers members, reviewing invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples from the plaintiff's workplace as well as home, it is possible to build an online database that links employers locations, workplaces, and products. It is also possible to identify defendants if one knows the kind of asbestos, like amosite or chrysotile.

Defendants must carefully look over these facts and determine all possible sources of exposure. This can include a thorough review of 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 is difficult and costly to create an accurate database.

Due to the huge number of asbestos cases and the insufficient resources of defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This allows defendants to share their resources and avoid the duplication of discovery.

The process of creating a case

asbestos attorneys suits require a lot of study and examination of a variety of documents. This can be a challenge because asbestos exposure often occurred years before a victim became sick. To determine the sources of exposure, attorneys must conduct interviews and go through thousands of pages of documentation including union documents, employment records tax and social security files as well as medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to locate additional defendants. In many instances, the number of defendants can be as high as 30 or 40. To accomplish this, they must look further down the supply chain and research companies that may have a connection to asbestos, but have not been named in the litigation.

This process is long, particularly when the claimant suffers from mesothelioma or other serious illnesses. It is also difficult to find witnesses and gather physical evidence.

A mesothelioma lawyer will attempt to identify all defendants and their connection to the victim's exposure. This can be accomplished by a thorough analysis of over 40 years of the victim's history through interviews, as well as a look at their social security, union, labor and tax records.

A successful asbestos litigation strategy relies on a wealth of experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are national leaders in defending firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have extensive expertise in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Prepare for trial

Lawyers must carefully prepare their cases before trial to ensure that their clients are able to present the strongest evidence and arguments possible. This involves reviewing medical records and prepping all witnesses. It also involves identifying exhibits that will be used in the trial. This process can take lengthy in cases that are complex.

Many asbestos victims develop a less severe disease such as asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's development. Asbestosis symptoms include a tightening of the lungs that can cause breathing difficulties, coughing, and chest pain.

Attorneys for asbestos victims should also examine the evidence in order to identify potential defendants that might be accountable for the asbestos injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, in addition to obtaining various documents.

Once an attorney has identified a possible defendant, they need to determine the liability of the party. The defendants could be businesses, individuals, or government agencies. They must be held accountable for their negligent actions.

Congress has enacted a number of legislative remedies to resolve asbestos lawyer lawsuits. However, these efforts have not been successful due to a number of complex political reasons. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their conduct.

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

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