Asbestos Litigation

Each asbestos case is unique, but the general procedure for defending against such claims is similar. Your attorney will want to conduct a deposition with the plaintiff.

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

Determining the Source of Exposure

To file an asbestos claim, it is important to identify asbestos exposure. Lawyers representing victims typically utilize medical records to determine asbestos' source. This can help victims receive compensation from the companies responsible for their asbestos exposure.

Compensation is essential for mesothelioma patients and their families to pay for the expense of expensive treatment. Compensation can also help families cope with the emotional burden of mesothelioma being diagnosed.

Asbestos cases can be a complicated legal issues. Victims must be aware of their rights and the process. Attorneys are able to handle a variety of aspects of a case they are expected to be involved in the process. This includes responding quickly to discovery requests and attending depositions in court.

Remember that the statutes of limitations are restricted in New York, and you should seek advice from an asbestos lawyer as soon a possible. Failure to file an asbestos claim within the required timeframe could result in the loss on financial compensation.

In some cases, victims have been exposed to asbestos products manufactured by various companies. In these cases, the victims lawyers might need to identify the manufacturers of each product, as well as the employers or contractors who provided the asbestos-containing materials.

Costa Mesa asbestos attorneys has been the longest-running mass tort in American history. It has been responsible for dozens bankruptcy filings from asbestos producers. Many of these companies set up trust funds for asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing the Database

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

To be able to build a strong defense in an asbestos case attorneys need access to a database that can pinpoint potential exposure sources. This includes examining the job site, talking to coworkers, and obtaining documents from employers and suppliers. The process also involves tracking down and interviewing nurses and doctors who can testify regarding asbestos exposure.

This kind of database is difficult to create, particularly in the event that the data was lost over time. When this happens it could necessitate the reconstruction of an entire claims database and insurance program, often from a variety of sources, including loss runs claims files, internal systems, and defense counsel records. This can take many years or even years to complete.

Asbestos lawyers also need access to a program that allows them to locate potential exposure areas and identify potential defendants. Lawyers can save time and money by having this information at their fingertips.

After the collapse of several asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and lawsuits that name less than 100 defendants are a rarity.

Identifying Defendants

The truthful basis of asbestos lawsuits is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but after lawsuits began, documents from the company revealed evidence of the dangers. These documents can aid plaintiffs prove that specific defendants' products caused their injuries. To prevail in a lawsuit, a plaintiff has to prove that the defendant's products were used in his workplace, that he inhaled dust from the product, and that the exposure was a major factor in his injuries.

Because asbestos cases involve multiple defendants, the process of identifying defendants is different from a typical personal injury case. By interviewing family and coworkers members, looking over invoices and work orders, getting documents from vendors and suppliers, and analyzing asbestos samples taken from the plaintiff's workplace and home, it is possible to build an online database that links employers, locations, and products. The type of asbestos involved such as amosite, chrysotile or Crocidolite - could be helpful in identifying defendants as each product is made by an individual manufacturer.

The defendants must be attentive to the facts and determine all possible sources of exposure, which could involve a thorough review of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the time lag for asbestos-related injuries is long, establishing an accurate database requires a lot of time and costly investigation.

Due to the sheer number of cases and limited resources of defendants Many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and avoid duplication of discovery.

Case Development

Asbestos lawsuits require a lot of research and the examination of numerous documents. This can be a particularly difficult task, since asbestos exposure is often a long time before the victim becomes ill. To determine the source of asbestos exposure, attorneys must conduct an interview and go through thousands of pages of documents like employment records and union documents tax files, social security files and medical and laboratory reports.

The lawyers representing the plaintiffs must do all they can to find other defendants. In many instances, the number of defendants can be as high as 30 or 40. To achieve this, they have to examine the supply chain to investigate companies that might have a connection with asbestos, but are not mentioned in the lawsuit.

This process can be extremely time-consuming, especially if the claimant has mesothelioma, or other serious illnesses. In 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 connection to the victim's exposure. This may include a thorough examination of 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 a lot of knowledge of this complicated 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 nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad range of defendants, including distributors, manufacturers and contractors. We have extensive experience in creating and implementing important defenses including expert testimony, jurisdictional Case Management Orders.

Prepare for Trial

Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' arguments and evidence are as strong as they could be. This includes reviewing medical records and making sure that all witnesses are prepared. It also involves identifying the exhibits that will be used during the trial. This process can take years in cases that are complex.

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

Attorneys for asbestos victims must also carefully examine the evidence in order to determine potential defendants who might be accountable for the asbestos-related harms. This includes speaking with coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and obtaining various documents.

After a lawyer has identified a potential defendant, they need to determine the liability of the party. The defendants may be individuals, companies or government agencies. They must be held responsible for their actions that were negligent.

Congress has enacted a number of legislative solutions to end asbestos lawsuits. The efforts have not been effective due to a myriad of complicated political factors. Asbestos victims and their lawyers are still committed to holding negligent asbestos companies accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our attorneys have held manufacturers, insurance companies, and other responsible parties accountable for their role in the asbestos exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts where cases are assigned to judges who are 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 also at Winter and annual conventions.
Costa Mesa asbestos attorneys