Asbestos Litigation

Every asbestos case is different, but the general procedure to defend against such claims is the same. Your lawyer will need to take a deposition of the plaintiff.

The cause of asbestos exposure can be numerous, not only one employer or company. This is why asbestos cases typically involve multiple defendants.

Identifying the source of exposure

The identification of asbestos exposure is an important step in filing an asbestos litigation defense claim. Often, victims' attorneys may use medical records to determine the cause of asbestos. This can assist victims in receiving compensation from the companies liable for their asbestos exposure.

Mesothelioma patients and their families need compensation to pay for mesothelioma treatment. Compensation can also assist families in dealing with the emotional burdens of mesothelioma diagnosis.

Asbestos lawsuits are complex legal cases, and 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 the case too. This includes responding quickly to discovery requests and participating in court depositions.

It is also important to keep in mind that the statutes of limitations in New York are limited, and Asbestos Litigation Group it is important to speak with an experienced asbestos defense litigation attorney whenever you can. Failure to file an asbestos claim within the required timeframe could result in the loss on financial compensation.

In some instances victims were exposed to asbestos-containing products produced by several companies. In these cases, victims' attorneys will need to identify all the asbestos-containing products, and the companies and contractors that supplied the asbestos-containing products.

latest asbestos litigation litigation is the longest-running mass tort in American history, and it has been the cause of dozens of bankruptcy filings by asbestos producers. Many of these companies set up trust funds for asbestos victims. However, asbestos defendants continue to dispute evidence linking asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing 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 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.

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 includes looking over the websites of employers, speaking with coworkers and collecting records from employers and suppliers. This process involves locating and interviewing nurses or doctors who might be able to be able to testify about asbestos exposure.

This kind of database can be difficult to create, particularly when the data has been lost over time. In these instances it is possible to reconstruct a complete 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 decades, to complete.

Asbestos lawyers must also access to a software that lets them identify potential defendants and locate potential exposure sites. Lawyers can save time and money by having this information at their fingertips.

Following the massive bankruptcy of asbestos producers, plaintiffs' lawyers sought new defendants to name in their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and lawsuits naming less than 100 defendants is a rarity.

Identifying defendants

The factual foundation of asbestos cases is usually established through discovery. Many asbestos companies have denied for many years that their products could cause harm to people, but when lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To win a case, the plaintiff must show that the defendant's product was used at the 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 is different from a personal injury case. The key is to develop an inventory of employers, locations and products by speaking with relatives and coworkers as well as reviewing work orders and invoices as well as documents from vendors and suppliers, and analyzing samples from the plaintiff's residence and workplace sites. It is also possible to identify defendants if one knows the type of asbestos like amosite or chrysotile.

Defendants must carefully review these facts and pinpoint the possible sources of exposure, which can involve a review of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the time lag for asbestos injuries is so long, the creation of an accurate database requires a lot of time and costly investigation.

Due to the sheer number of cases and the insufficient resources of many defendants Many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent duplicate discovery.

Case Development

Asbestos suits require a lot of research and the examination of a variety of documents. This can be a difficult task because asbestos exposure often occurs years before the victim becomes ill. To identify the source of the asbestos exposure, lawyers must conduct interviews and review thousands pages of documentation like employment records and union documents, tax files and social security files, lab and medical reports.

The attorneys representing the plaintiffs must also do everything they can to locate other defendants. In some cases, there can be as high as 40 defendants. To do so, they must look further down the supply chain and investigate organizations that could have a connection to asbestos that have not been named in the litigation.

This process can be very lengthy, especially if the plaintiff is suffering from mesothelioma or other serious illnesses. specializes in asbestos litigation addition, it is often difficult to find witnesses and to obtain physical evidence.

A mesothelioma lawyer will attempt to determine the identity of all defendants and their connections to the victim's exposure. This can involve a thorough review over the last 40 years of the victim's life, which may include interviews and a review their social security and union, as well as tax records.

A successful asbestos litigation strategy requires extensive experience in this complex area of law. Since our founding 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, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants, Asbestos Litigation Group including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience formulating and drafting important defenses including expert testimony, jurisdictional Case Management Orders.

Preparing for trial

Lawyers must meticulously prepare their cases for trial to ensure that their clients' evidence and arguments are as strong as they could be. This involves reviewing medical records, preparing all witnesses and identifying evidence to be used in the trial. This process can take years in complicated cases.

Many asbestos sufferers develop a less severe disease like asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis can cause coughing, chest pain, and breathing difficulties.

Asbestos victims' attorneys must also scrutinize the evidence to determine any possible defendants who could be held liable for the asbestos injuries. This may involve interviewing coworkers or family members, abatement workers, asbestos manufacturers and obtaining a variety.

After identifying a potential defendant, an attorney must determine the liability of the defendant. The defendants could be individuals, corporations or government agencies. They must be held responsible for their negligent acts.

Several legislative remedies to resolve asbestos litigation have been suggested in Congress. However, these initiatives have not been successful due to a variety of complex political reasons. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos companies accountable for their behavior.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our attorneys have held insurance companies and other responsible parties accountable for their involvement in asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts, where cases are assigned to judges 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 winter and annual conventions.