Asbestos Litigation

Every asbestos case is different however, the general procedure to defend against such claims is similar. Your lawyer will require you to conduct a deposition of the plaintiff.

A person's exposure to asbestos can be triggered by many places, not just one employer or company. This is the reason asbestos cases usually involve multiple defendants.

Determining the Source of Exposure

Recognizing asbestos exposure is an important step to file an asbestos claim. Often, victims' attorneys may use medical documents to determine the source of asbestos. This can help victims get compensation from the companies accountable for asbestos exposure.

Mesothelioma patients and their families need compensation to pay for mesothelioma treatments. Compensation can also help families cope with the emotional burdens of mesothelioma diagnosis.

Asbestos lawsuits are complex legal proceedings, and the victims must be aware of their rights and the way in which the process operates. Attorneys are able to handle many aspects of a case they are expected to participate in the proceedings. This includes responding to discovery requests and participating in depositions in court.

Remember that the statutes of limitations 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 timeframe you could be unable to collect on financial compensation.

In a few instances asbestos-containing products manufactured by multiple companies have been used to expose victims. In such cases, the lawyers representing the victims be required to identify all asbestos-containing products as well as the employers and contractors who supplied the asbestos-containing products.

Berkeley asbestos lawyers is the longest-running mass tort in American history. It has been responsible for numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite studies conducted by doctors like Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Developing the Database

A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury case. 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 a case involving asbestos, attorneys must have access to a database that can help identify possible sources of exposure. This includes looking over job sites, interviewing co-workers and collecting information from suppliers and employers. This process involves locating and interviewing doctors or nurses who might be able to testify regarding asbestos exposure.

This kind of database is difficult to build, particularly in the event that the data was lost over time. When this occurs, it can require the reconstruction of a complete claims database and insurance program, typically from multiple sources like loss runs, claim files, internal systems, and defense counsel records. It could take years, or decades, to complete.

Asbestos lawyers should also have access to a program that allows them to find potential exposure areas and identify potential defendants. Attorneys can cut down on time and money by having this information at their fingertips.

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 in which the volume is paramount and suits naming fewer than 100 defendants are rare.

Identifying the Defendants

The truthful basis of asbestos cases is often established through discovery. Many asbestos companies have denied for many years that their products could cause harm to people, but once lawsuits began, company documents came to light and revealed evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. To win a case, the plaintiff must show that the defendant's product was in use at his workplace, that the worker was exposed to it by inhaling dust and that exposure was a significant reason for his injuries.

Because asbestos cases have multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. By interviewing family and coworkers members, looking over invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples taken from the plaintiff's workplace and home it is possible to create a database that links employers as well as locations and products. It is also a good way to identify defendants if you know the type of asbestos, such as chrysotile or amosite.

The defendants must take the time to review these facts and pinpoint the possible sources of exposure. This could involve a thorough examination of more than 40 years of a person's life through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it's difficult and costly to create an accurate database.

Due to the sheer number of cases and the insufficient resources of defendants Many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent duplication of discovery.

Case Development

Asbestos lawsuits involve extensive investigation and the review of a large number of documents. This can be a difficult job, as asbestos exposure can occur years before the victim becomes ill. To identify the source of the asbestos exposure, lawyers must conduct interviews and examine thousands of documents including employment records and union documents as well as tax files, social security records, lab and medical reports.

The plaintiffs' lawyers also 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 do this, they have to look down the supply chain to look into companies that could have a connection with asbestos, but aren't named in the lawsuit.

This process can be very lengthy, especially if the plaintiff is suffering from mesothelioma, or other serious illnesses. It can be difficult to find witnesses and to gather evidence.

A mesothelioma lawyer will identify all potential 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 look at their social security and union, as well as tax records.

A successful asbestos litigation strategy requires extensive experience in this tangled legal field. Since the time we were founded back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in the defense of companies in multi-jurisdictional, global litigation. We serve as National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants, including product manufacturers distributors, suppliers, and contractors. We have extensive experience in formulating and drafting important defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

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

Before developing mesothelioma, many asbestos sufferers develop a less severe disease like asbestosis, the pleural plaque or pleural fibrosis. Asbestosis symptoms include a tightening of the lungs that could cause breathing problems, coughing and chest pain.

Lawyers for asbestos victims must also review the evidence to determine potential defendants that might be accountable for the asbestos injuries. This involves interviewing family members, coworkers asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, as well as getting various documents.

Once an attorney has identified a potential defendant, they need to determine the liability of the party. The defendants can be businesses, individuals, or government agencies. They are held accountable for their wrongful actions.

Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. These efforts haven't been successful due to a range of complex political factors. Asbestos victims as well as their lawyers and the government remain determined to hold negligent asbestos firms accountable for their actions.

Waters Kraus & Paul is an attorney firm that has handled a variety of cases in New York State and across the nation. Our attorneys have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are assigned by judges with experience in asbestos cases.

The Asbestos 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, as well as at annual and Winter conventions.
Berkeley asbestos lawyers