Ten Things You Learned At Preschool That Can Help You In Asbestos Litigation

Asbestos Litigation

Every asbestos case is different however, the general procedure to defend against claims based on asbestos is the same. Your lawyer will need to interview the plaintiff.

The exposure of an individual to asbestos can come from many places, not just a single employer or company. That's why asbestos cases often involve multiple defendants.

Identifying the source of exposure

In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Attorneys for victims can often make use of medical records to determine asbestos' source. This can help victims receive compensation from the companies responsible for asbestos exposure.

Mesothelioma victims and their families are entitled to compensation to pay for mesothelioma treatment. Compensation can also help families cope with the emotional burdens of mesothelioma being diagnosed.

Asbestos lawsuits can be a complicated legal cases, and 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 be involved in the proceedings. This includes responding promptly to discovery requests and participating in court depositions.

It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos attorney as soon as possible. Failing to file an asbestos claim within the required timeframe could result in the loss on financial compensation.

In a few instances asbestos-containing products produced by multiple companies have been used to expose victims. In these cases, lawyers representing the victims need to identify all the asbestos-containing products, and the employers and contractors who supplied the asbestos-containing products.

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

Making a Database

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

To be able to build a successful asbestos defense, attorneys need to have access to a vast database that can identify possible exposure sources. This involves reviewing the work site, speaking with coworkers, and obtaining documents from employers and suppliers. This involves locating and interviewing doctors or nurses who may be able be able to testify about asbestos exposure.

Developing this type of database can be difficult particularly when the data was lost or destroyed over time. When this happens it could necessitate the reconstruction of a complete claims database as well as an insurance program, often from a variety of sources, including loss runs and claim files, internal systems, and defense counsel records. It can take years, or years, to complete.

Asbestos attorneys should also access a program which lets them identify potential defendants and potential exposure sites. The information that is at the fingertips of lawyers can save time and money.

Following the massive bankruptcies of many asbestos producers, plaintiffs' lawyers sought new defendants to list 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 that name fewer than 100 defendants are rare.

Identifying the defendants

Most asbestos cases are based by factual evidence that's later discovered. Many asbestos companies have denied for many years that their products could harm people, but once lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can be used to prove that particular products of the defendant caused injuries. To win a case a plaintiff must demonstrate that the defendant's product was used at the workplace and that he was exposed to it inhaling dust, and that the exposure was a significant factor in his injuries.

Asbestos cases usually involve multiple defendants. The process of identifying them is different from a personal injury lawsuit. The key is to develop a database linking employers, locations and products through interviews with co-workers and relatives looking over invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples taken from the plaintiff's residence and work websites. It is also possible to identify defendants if one knows the type of asbestos like amosite or chrysotile.

The defendants must take the time to review the facts and determine any potential sources of exposure. This can involve a review of more than 40 years of a worker's existence through Social Security, union, tax and other records. Due to the lengthy latency of asbestos-related injuries, it's difficult and costly to create an accurate database.

Because of the large numbers of cases and the limited resources of many defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and reduce duplication of discovery.

Developing a Case

Asbestos suits require a lot of study and examination of numerous documents. This can be particularly challenging because exposure to asbestos typically was a long time before the victim was diagnosed with a disease. To pinpoint the source of the asbestos exposure, attorneys must conduct an interview and review thousands pages of documentation like employment records and union documents, tax files and social security records, lab and medical reports.

The attorneys representing the plaintiffs must also do everything they can to identify other defendants. In many cases, the number of defendants could be as high as 30 or 40. To achieve this, they need to look down the supply chain to look into companies that might have a link to asbestos, but aren't included in the lawsuit.

This process is time-consuming, especially if the claimant has mesothelioma, or other serious illnesses. In addition, it is often difficult to find witnesses and get physical evidence.

A mesothelioma attorney will work to identify all defendants and their connections to the victim's exposure. This may be accomplished by a thorough analysis 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 relies on extensive experience in a complex area of law. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending companies in multi-jurisdictional litigation that spans the entire industry. We act as National Coordinating Counsel, and liaison counsel.  Miami Beach asbestos lawyer  represent and manage the interests of a broad range of defendants, including product manufacturers, distributors, and contractors. We have extensive experience in creating and implementing key defenses such as expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers need to carefully prepare their cases ahead of trial so that their clients have the strongest evidence and arguments possible. This involves reviewing medical records and prepping all witnesses. It is also about identifying the exhibits that will be used at the trial. This process can be years long in complex cases.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease, such as asbestosis or and pleural plaque. Asbestosis can cause chest pain, coughing, and difficulty breathing.

Attorneys for asbestos victims must also carefully review the evidence to determine potential defendants who could be held accountable for the asbestos-related injuries. This includes interviewing coworkers or family members, asbestos manufacturers, asbestos abatement workers and obtaining various documents.

After an attorney has identified a potential defendant, they must determine the liability of that person. The defendants could be businesses, individuals, or government agencies. They must be held responsible for their wrongful actions.

Several legislative remedies to resolve asbestos litigation have been formulated in Congress. The efforts have not been successful due to a variety of complicated political factors. Asbestos victims, their lawyers and the government are determined to hold negligent asbestos companies accountable for their conduct.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. Our lawyers have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are assigned by judges who have expertise in asbestos cases.

The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at annual and Winter conventions.