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Asbestos Litigation

Each asbestos case is unique however the general procedure to defend against such claims is similar. Your lawyer will need to interview the plaintiff.

The exposure of an individual to asbestos can be triggered by numerous sources, not only an employer or a company. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

In order to submit an asbestos claim it is important to identify asbestos exposure. Attorneys for victims can often make use of medical records to determine the source of asbestos. This could help victims receive compensation from the companies accountable for asbestos exposure.

Compensation is required by mesothelioma patients and their families to pay for the cost of expensive treatment. Compensation can assist families in dealing with emotional stress with the mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal cases, and victims need to understand their rights and the way in which the process operates. While attorneys can handle a variety of aspects of a case, they are expected to be involved in the case. This includes responding to discovery requests and attending depositions in court.

Remember that the statutes of limitations are limited in New York, and you must consult an asbestos attorney as soon a possible. If you don't submit your claim within the specified timeframe, you could lose out on financial compensation.

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

Asbestos litigation has been the longest-running mass tort of American history. It has been responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. 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 diseases or mesothelioma is distinct from a typical personal injury claim. In many cases, asbestos litigation involves many of the same defendants (companies that are sued) and many of the same law firms that represent plaintiffs and many of the same expert witnesses.

In order to develop a strong defense in an asbestos case, attorneys must have access to a database that can identify potential sources of exposure. This involves reviewing the job site, interviewing coworkers and getting documents from employers and suppliers. This involves finding and interviewing doctors or nurses who may be able to provide evidence regarding asbestos attorneys exposure.

This type of database is difficult to create, particularly if the data has been lost over time. If this happens it could require the reconstruction of a complete claims database and insurance program, usually from a variety of sources, including loss runs claims files, internal systems, and defense counsel records. It can take years, or decades, to complete.

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

Following the massive bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in 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 lawsuits that name less than 100 defendants are rare.

Identifying defendants

The factual foundation of asbestos cases is often established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but after lawsuits began documents from the company revealed evidence of the dangers. These documents can be used to prove that certain products of the defendants caused injuries. In order to win a lawsuit the plaintiff must 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.

Since asbestos lawyer cases involve multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. By interviewing family and coworkers members, reviewing invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos samples collected from the plaintiff's workplace and home it is possible to build an information database that connects employers as well as locations and products. It is also possible to identify defendants if you are aware of the type of asbestos such as chrysotile or amosite.

Defendants are required to carefully look over these facts and identify all possible sources of exposure. This could include a look at more than 40 years of records from Social Security, tax, union and other documents of a worker. Because the time between asbestos-related injuries is so long, the creation of an accurate database requires extensive and costly investigation.

Due to the huge number of cases and the insufficient resources of defendants, many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent the duplication of discovery.

The process of creating a case

Asbestos suits require extensive research and the examination of a variety of documents. This can be a particularly difficult job, as asbestos exposure can occur years before a person is diagnosed with a disease. To determine the source of the asbestos exposure, lawyers must conduct interviews and go through thousands of pages of documents, such as union and employment records as well as tax files, social security records, medical and lab reports.

The lawyers representing the plaintiffs must do all they can to identify other defendants. In many cases, the number defendants can be as high as 30 or 40. To do so they must go further down the supply chain and look into companies that may have a connection to asbestos that have not been identified in the lawsuit.

This process is often very time consuming, especially when a claimant is suffering from mesothelioma and other severe diseases. It can be difficult to find witnesses and to gather evidence.

A mesothelioma lawyer will identify the potential defendants and their relationship to victim's exposure. This may require a thorough review of more than 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 depends on a wealth of experience in a complicated area of law. Since the time we were founded in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos attorneys litigation and is a leading firm in the country in defending companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants, including manufacturers of products, suppliers, distributors and contractors. We have a wealth of experience creating and implementing important defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' evidence and arguments are the strongest they can be. This involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the case. This can take a lot of time in complex cases.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease such as asbestosis, and pleural plaque. Asbestosis can cause coughing, chest pain, and breathing problems.

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

After a lawyer has identified a potential defendant, they must determine the liability of the party. The defendants could be individuals, businesses or government agencies. They are accountable for their wrongful actions.

Congress has proposed several legislative remedies to resolve asbestos lawsuits. The efforts have not been successful due to a range of complicated political issues. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. 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 which are assigned cases by judges who have expertise in asbestos-related matters.

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