4 Dirty Little Tips On The Asbestos Litigation Industry

Asbestos Litigation

Every asbestos case is different, but the general procedure to defend against such claims is similar. Your attorney should conduct a deposition with the plaintiff.

The source of asbestos exposure can be numerous, not only one company or employer. That's why asbestos cases often involve multiple defendants.

Determining the Source of Exposure

In order to make an asbestos claim, it is essential to determine the source of asbestos exposure. Lawyers representing victims typically make use of medical records to determine asbestos' source. This can assist victims in receiving compensation from the companies liable for their asbestos exposure.

Mesothelioma patients and their families are entitled to compensation to cover expensive mesothelioma treatment. Compensation can assist families in dealing with emotional stress with a mesothelioma diagnoses.

Asbestos lawsuits are complex legal proceedings, and the victims need to know their rights and how the process works. While attorneys can handle many aspects of a case the victims are expected to be involved in their case as well. This includes responding to requests for discovery and taking depositions.

Remember that the statutes of limitations are restricted in New York, and you should consult an asbestos attorney (Learn Alot more) immediately if you are able to. Failure to file a claim within the appropriate timeframe could result in missing out on financial compensation.

In a few instances asbestos-containing products manufactured by multiple companies have been used to expose victims. In these cases, the victims lawyers might need to identify the manufacturers of each product, in addition to the employers or contractors who provided the asbestos-containing materials.

Asbestos lawsuits are the longest-running mass tort of American history. It is responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue to contest evidence that links mesothelioma and asbestos exposure lung cancer, or other respiratory illnesses. This is despite research by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing the Database

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

To develop a successful asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This includes looking over job sites, talking to coworkers and collecting information from suppliers and employers. The process also involves tracking down and interviewing nurses and doctors who are able to testify about asbestos exposure.

This kind of database is difficult to build, particularly in the event that the data was lost over time. In these situations it is possible to rebuild a complete insurance program and claims database using multiple sources, including loss runs, claim files internal system and defense counsel records. It can take years, or even decades to complete.

Asbestos lawyers also need access to a software that allows them to locate potential exposure areas and identify potential defendants. The information that is available to attorneys can save both valuable time and money.

After the mass bankruptcies of many asbestos producers attorneys for plaintiffs sought 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 number of defendants is paramount, and lawsuits that name less than 100 defendants are a rarity.

Identifying the Defendants

The majority of asbestos cases are based on evidence based on facts that are discovered. Many asbestos companies have denied for many years that their products could cause harm to people, but once the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. In order to win a lawsuit the plaintiff must prove that the defendant's product were used in his workplace, that he inhaled dust from the product and that exposure to the product was a major reason for his injuries.

Since asbestos cases have multiple defendants, the process of identifying defendants is different from a typical personal injury case. The most important thing is to create an inventory of employers locations, products and locations by interviewing co-workers and relatives looking over invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's home as well as work sites. It is also possible to identify defendants if you know the type of asbestos, such as chrysotile or amosite.

Defendants are required to carefully examine these facts and determine the possible sources of exposure. This may include a look at more than 40 years of records from the Social Security, tax, union and other records of the worker. Because the latency of asbestos injuries is so long, the creation of an accurate database requires extensive and costly discovery.

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

Developing a Case

Asbestos suits require extensive study and examination of many documents. This can be a difficult task, since asbestos exposure often occurs years before a person is diagnosed with a disease. To identify the source of asbestos exposure, attorneys must conduct interviews and examine thousands of documents, such as employment records and union documents as well as tax files, social security records, medical and lab reports.

The plaintiffs' attorneys must do all they can to identify other defendants. In certain instances, there could be as many as 40 defendants. To accomplish this, they need to look down the supply chain to look into companies that could have a nexus with asbestos, but are not named in the lawsuit.

This process can be very long, particularly when the claimant suffers from mesothelioma or any other serious illness. In addition, it is often difficult to find witnesses and obtain physical evidence.

A mesothelioma lawyer will determine the potential defendants and their connection to victim's exposure. This could involve a thorough review over the last 40 years of a victim's life. This may include interviews and a review their social security, labor, union and tax records.

A successful asbestos litigation strategy requires a wealth of experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our inception at the beginning of 1994. We are also national leaders in defending businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad range of defendants, including product manufacturers, distributors and contractors. We have extensive experience in developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers need to carefully prepare their cases before trial to ensure that their clients are able to present the strongest evidence and arguments possible. This includes reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the case. The process can take years long in complex cases.

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

Asbestos victims' attorneys must also examine the evidence to identify any potential defendants that could be held liable for the asbestos injuries. This includes interviewing family members, colleagues asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and gathering various documents.

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

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. However, these initiatives have failed due to a number of complicated political motives. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos companies accountable for their actions.

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 manufacturers, insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are assigned by judges who have experience in asbestos matters.

The asbestos lawyer Litigation Group is open to AAJ Regular, 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.