Asbestos Litigation

Each asbestos case is unique, but the general procedure for defending against such claims is similar. Your lawyer will ask you to take a deposition of the plaintiff.

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

Determining the Source of Exposure

Recognizing asbestos litigation paralegal (my sources) exposure is a crucial step in filing an asbestos claim. Often, the attorneys of victims can work with medical documents to determine the source of asbestos. This can help victims get compensation from the companies responsible for their asbestos exposure.

Compensation is needed by mesothelioma patients and their families to cover the expense of expensive treatment. Compensation can help families cope emotionally with a mesothelioma diagnoses.

Asbestos lawsuits can be a complicated legal cases, and victims need to know their rights and the way in which the process operates. Attorneys are able to handle a variety of aspects of a case they are expected to be involved specializes in asbestos litigation the case. This includes responding to discovery requests and attending depositions.

Remember that the statutes are limited in New York, and you should consult an asbestos attorney as soon as you can. If you do not file your claim within the specified time period you could be denied on financial compensation.

In some cases asbestos-containing products manufactured by multiple companies have been used to expose victims. In these instances, victims' attorneys will be required to identify all asbestos-containing products, as well the companies and contractors that supplied the materials.

asbestos law & litigation lawsuits are the longest-running mass tort in American history. It's responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer, or other respiratory illnesses. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing a Database

A mesothelioma lawsuit or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In many cases asbestos litigation, there are many of the same defendants (companies who are being sued), many of the same law firms representing plaintiffs, and a lot of the same expert witnesses.

To be able to build a successful asbestos defense, lawyers need to have access to a vast database that can pinpoint potential exposure sources. This involves reviewing the job site, interviewing coworkers, and obtaining documents from suppliers and employers. This involves finding and interviewing doctors or nurses who may be able testify regarding asbestos exposure.

The creation of this type of database can be a challenge, especially in cases where the data has been lost or destroyed over time. If this happens it may necessitate the reconstruction of a complete claims database and insurance program, usually from multiple sources such as loss runs claims files, internal systems and defense counsel records. It can take a long time or even decades to complete.

Asbestos lawyers must also have access to a program that allows them locate potential exposure areas and identify potential defendants. The information that is at the fingertips of lawyers can save both valuable time and money.

Following the massive bankruptcy of many asbestos manufacturers, plaintiffs' lawyers sought new defendants to name in their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is king and suits naming less than 100 defendants is rare.

Identifying the Defendants

Most asbestos cases are founded on evidence based on facts that are discovered. Many asbestos companies resisted for many years that their products could cause harm to people, but when the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that certain products of the defendant caused injuries. To win a lawsuit, the plaintiff must prove that the defendant's product were used in the work place, that he breathed in dust from the product and that the exposure was a major factor in his injuries.

Since asbestos cases contain multiple defendants, the method of identifying defendants is different than an ordinary 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 establish an online database that links employers, locations, and products. The type of asbestos used - amosite, chrysotile or Crocidolite - could be helpful in identifying defendants as each product is made by a different manufacturer.

The defendants must take the time to review the facts and determine 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 records. Because of the long time lag of asbestos-related injuries, it is difficult and costly to build an accurate database.

Due to the large number of asbestos cases, and the limited resources of many 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 duplicate discovery.

The process of creating a case

Asbestos lawsuits involve extensive research and the examination of a large number of documents. This can be a particularly difficult task because asbestos exposure is often a long time before the person who suffers from illness. To identify the sources of the exposure, lawyers must conduct interviews and carefully go through thousands of pages of documentation including union documents, employment records, social security and tax files as well as medical and laboratory reports.

The lawyers representing the plaintiffs must also do everything they can to locate other defendants. In certain instances, there could be as high as 40 defendants. To do this, they need to look down the supply chain to investigate companies that could have a connection with asbestos, but aren't included in the lawsuit.

This process is often very long and time-consuming, particularly when a claimant is suffering from mesothelioma and other severe illnesses. It is also difficult to find witnesses and to gather evidence.

A mesothelioma lawyer will attempt to identify all defendants and their connection to the victim's exposure. This could include a thorough examination of the past 40 years of a victim's life, including interviews and a look at their social security, labor, union and tax records.

A successful asbestos litigation strategy requires a lot of knowledge of this complicated legal field. Since its inception back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leader in the nation in defending companies in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad array of defendants, which includes product manufacturers, distributors and contractors. We have extensive experience in creating and implementing key defenses, expert testimony and Asbestos Litigation Paralegal jurisdictional Case Management Orders.

Preparing for Trial

Lawyers must meticulously prepare their cases prior to trial to ensure that their clients have the strongest evidence and arguments possible. This involves reviewing medical records and preparing all witnesses. It also involves identifying the exhibits that will be used at the trial. This process can take a long time in cases that are complex.

Many asbestos victims develop a less severe disease like asbestosis, pleural plaque or fibrosis before the mesothelioma's onset. Asbestosis can cause chest pain, coughing, and difficulty breathing.

Asbestos victims' lawyers must also carefully review the evidence to identify any potential defendants that could be held accountable for asbestos-related injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and getting various documents.

After an attorney has identified a possible defendant, they need to determine the liability of the party. The defendants could be individuals, companies or governmental organizations. They are held accountable for their wrongful actions.

Many legislative solutions to solve asbestos litigation have been suggested in Congress. These efforts have not been successful due to a variety of complicated political factors. Asbestos victims as well as their lawyers and the government are committed to holding negligent asbestos companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the nation. Our lawyers have held insurance companies, Asbestos Litigation Paralegal 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 issues.

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.