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Asbestos Litigation

Each asbestos case is different however, the general procedure for defending claims involving asbestos is similar. Your lawyer will need to conduct a deposition with the plaintiff.

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

Identifying the source of exposure

In order to submit an asbestos claim it is crucial to pinpoint asbestos exposure. Often, the attorneys of victims can use medical records to determine the cause of asbestos. This can assist victims in receiving compensation from the companies responsible for their asbestos exposure.

Mesothelioma patients and their families are entitled to compensation to pay for mesothelioma-related treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis.

Asbestos lawsuits are complicated legal proceedings, and the victims must be aware of their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case, victims are expected to participate in their own case. This includes responding to requests for discovery and taking depositions.

Be aware that the statutes are limited in New York, and you should consult an asbestos attorney as soon as you can. If you don't submit your claim within the prescribed time frame, you could lose out on financial compensation.

In some cases, asbestos products made by several companies have been used to expose victims. In these cases, victims lawyers may be required to identify the manufacturers of each product, in addition to the contractors or employers who provided the asbestos-containing materials.

Asbestos lawsuits are the longest-running mass tort of American history. It has been responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies have created trust funds to pay compensation to asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating the Database

A lawsuit involving mesothelioma or other asbestos lawyers-related illnesses is different from any typical personal injury case. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms as well as the same expert witnesses.

To build a strong asbestos defense, lawyers have to have access to a vast database that can pinpoint potential exposure sources. This includes looking over the websites of employers, speaking with coworkers and collecting documents from suppliers and employers. The process also requires the search for and interviewing nurses and doctors who can testify regarding asbestos exposure.

Making this kind of database can be difficult particularly in situations where the data was deleted or lost over time. When this occurs it may require the reconstruction of an entire 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 a long time or even decades to complete.

Asbestos attorneys must also have access to a program that lets them identify potential defendants and potential exposure sites. Having this information at the fingertips of attorneys can save time and money.

Following the massive bankruptcy of asbestos producers the plaintiffs' lawyers were seeking new defendants to name in 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 suits naming fewer than 100 defendants are rare.

Identifying the defendants

The actual basis of asbestos cases is usually established through discovery. Asbestos firms have denied for many years that their products could cause harm, but after lawsuits started the company's documents exposed evidence of the dangers. These documents can assist plaintiffs prove that specific defendants products were responsible for their injuries. In order to win a lawsuit a plaintiff has to demonstrate that the defendant's products were used in his workplace, that he inhaled dust from the product, and that this exposure was a major cause of his injuries.

Since asbestos cases involve multiple defendants, the process of identifying defendants is different than the typical personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples taken from the plaintiff's workplace and home, it is possible to build an information database that connects employers as well as locations and products. The type of asbestos involved - amosite, chrysotile, or Crocidolite - could be useful in identifying defendants since each product is produced by a different manufacturer.

The defendants are required to thoroughly examine these facts and determine the possible sources of exposure. This could include a look at more than 40 years of records from Social Security, tax, union, and other records of a worker. Because the time lag for asbestos injuries is so long, creating an accurate database requires extensive and costly discovery.

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

The process of creating a case

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

The lawyers representing the plaintiffs have to do everything they can to locate additional defendants. In many cases, the number of defendants can be as high as 30 or 40. To accomplish this, they have to investigate the supply chain to look into companies that could have a link to asbestos lawyer, but are not named in the lawsuit.

This process can be very time consuming, especially when the plaintiff is suffering from mesothelioma, or other serious illnesses. It can be difficult to locate witnesses and collect physical evidence.

A mesothelioma lawyer will identify all potential defendants, and their connection to victim's exposure. This can require a thorough review of over 40 years of the victim's history through interviews and a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy requires a wealth of experience in this complex legal field. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our founding back in 1994. We are the experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as coordinating the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have a wealth of experience formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are the strongest they can be. This involves reviewing medical records, gathering all witnesses and identifying evidence to be used in the case. This process can be lengthy in cases that are complex.

Before developing mesothelioma, many asbestos patients develop a lesser disease, such as asbestosis or pleural fibrosis or pleural plaque. Asbestosis can cause coughing, chest pain, and breathing problems.

Attorneys for asbestos victims should also review the evidence to identify potential defendants that could be held accountable for the asbestos-related harms. This includes interviewing family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, as well as getting various documents.

Once a defendant has been identified an attorney must determine the responsibility 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 solutions to settle asbestos lawsuits. However, these initiatives have not been successful due to a variety of complex political reasons. Asbestos victims, their lawyers and the government remain committed to holding asbestos companies accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. Our attorneys have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts where cases are assigned to judges that are experienced with Asbestos lawsuit (telegra.ph)-related issues.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and 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.