What Is Asbestos Litigation? History Of Asbestos Litigation

Asbestos Litigation

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

The cause of asbestos exposure can be numerous, not only one company or employer. This is the reason asbestos cases typically involve multiple defendants.

Find out the source of exposure

In order to make an asbestos claim, it is important to identify asbestos exposure. Often, victims' attorneys can use medical documents to determine the source of asbestos. This can help victims get compensation from the companies that are accountable for asbestos lawyer exposure.

Compensation is needed by mesothelioma patients as well as their families to pay for the expense of expensive treatment. Compensation can also help families cope with the emotional burden of a mesothelioma diagnosis.

Asbestos cases are complex legal issues. Victims must be aware of their rights and the process. While attorneys can handle many aspects of a case, the plaintiffs are expected to take part in their case as well. This includes responding to requests for discovery and taking depositions.

Be aware that the statutes are limited in New York, and you should consult an asbestos attorney as soon a possible. If you fail to file your claim within the specified time frame you could be denied on financial compensation.

In some instances asbestos-containing products produced by multiple companies have been used to expose victims. In these cases, lawyers representing the victims have to determine the source of all asbestos-containing products, and the companies and contractors that 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 lawyers manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite research conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others.

Making a 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 that are being sued), many of the same law firms that represent plaintiffs, as well as many of the same expert witnesses.

To develop 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 employers and suppliers. The process also involves tracking down and interviewing nurses and doctors who can testify about asbestos exposure.

This type of database is difficult to develop, especially in the event that the data was lost over time. When this occurs, it can necessitate the reconstruction of a complete claims database and insurance program, typically from multiple sources such as loss runs and claim files, internal systems and defense counsel records. This can take many years or even decades to complete.

Asbestos attorneys must also have access to a software that permits them to identify potential defendants and locate potential exposure sites. Having this information available to attorneys can save both valuable time and money.

Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. In the wake of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and suits naming less than 100 defendants is a rarity.

Identifying the Defendants

Most asbestos cases are founded on factual evidence that is discovered. Many asbestos companies denied for decades that their products could cause harm to people, but after lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can help plaintiffs prove that specific defendants products were responsible for their injuries. To win a case a plaintiff must demonstrate that the defendant's product was used at his work site, that he was exposed to it inhaling dust and that the exposure to the dust was a major factor in his injuries.

Since asbestos cases involve multiple defendants, the method of identifying defendants is different than the typical personal injury case. By interviewing family and coworkers members, looking over invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples taken from the plaintiff's work place and home it is possible to build an information database that connects employers, locations, and products. The type of asbestos involved - amosite, chrysotile or crocidolite - is helpful in identifying defendants because each product is manufactured by a different manufacturer.

The defendants are required to thoroughly look over these facts and determine all possible exposure sources. This can include a review of over 40 years of records from Social Security, tax, union, and other records of a worker. Because the latency of asbestos injuries is so long, the creation of an accurate database requires extensive and costly research.

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

Developing a Case

Asbestos suits require a lot of research and the examination of a variety of documents. This can be a particularly difficult task, since asbestos exposure is often a long time before the victim becomes ill. To pinpoint the source of the asbestos exposure, lawyers must conduct an interview and go through thousands of pages of documents, such as union and employment records tax files, social security records, medical and lab reports.

The lawyers representing the plaintiffs must do their best to find additional defendants. In many instances, the number of defendants can be as high as 30 or 40. To achieve this, they must examine the supply chain to find companies that could have a nexus with asbestos but who are not named in the lawsuit.

This process can be very time-consuming, especially when the plaintiff suffers from mesothelioma or any other serious illness. In addition, it can be often difficult to find witnesses and to obtain physical evidence.

A mesothelioma lawyer will identify all potential defendants, and their relationship to victim's exposure. This may include a thorough examination of the last 40 years of the victim's life. This may include interviews and a look at their social security and union, as well as tax records.

A successful asbestos lawsuits litigation strategy is dependent on a wealth of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception back in 1994. We are the nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including manufacturers of products, suppliers, distributors and contractors. We have extensive expertise in developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Prepare for Trial

Lawyers need to carefully prepare their cases ahead of trial to ensure that their clients have the strongest arguments and evidence possible. This involves reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used at the trial. This process can take a long time in complex cases.

Many asbestos sufferers are diagnosed with a less serious disease such as asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's onset. Asbestosis symptoms can include tightening of the lungs which can cause breathing difficulties, coughing and chest pain.

Asbestos victims' attorneys must also carefully review the evidence to identify any potential defendants who could be held liable for the asbestos-related injuries. This includes interviewing coworkers or family members, abatement workers, asbestos manufacturers and obtaining a variety of documents.

Once a defendant has been identified An attorney must determine the responsibility of this party. The defendants can be businesses, individuals, or government agencies. They are accountable for their actions that were negligent.

Many legislative solutions to solve asbestos lawyer litigation have been proposed in Congress. The efforts have not been effective due to a myriad of complicated political factors. Asbestos victims and their lawyers remain determined to hold 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 country. Our lawyers have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, which are assigned cases by judges with experience in asbestos matters.

The asbestos lawyers Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server during the annual and winter conventions, and participate in educational seminars on asbestos litigation.