Asbestos Litigation

Each asbestos case is different, but the general process for defending claims involving asbestos is the same. Your attorney should interview the plaintiff.

The exposure of a person to asbestos can come from many places, not just an employer or a company. This is why asbestos cases typically involve multiple defendants.

Identifying the source of exposure

In order to file an asbestos claim, it is essential to determine the source of asbestos exposure. Attorneys for victims can often make use of medical records to determine the source of asbestos. This can assist victims in obtaining compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma patients and their families need compensation to cover expensive mesothelioma treatment. Compensation can also assist families in dealing with the emotional burden of a mesothelioma being diagnosed.

Asbestos lawsuit (Blogfreely.Net) lawsuits are complex legal cases, and victims need to know their rights and how the process works. While attorneys can handle a variety of aspects of a case, they are expected to participate in the proceedings. This includes responding to discovery requests and attending depositions.

It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos lawyer as soon as you can. If you fail to file your claim within the stipulated timeframe you could be unable to collect on financial compensation.

In some instances asbestos-containing products produced by several companies have been used to expose victims. In these cases, victims lawyers may be required to identify the manufacturers of each product, in addition to the contractors or employers who supplied asbestos lawsuit-containing materials.

Asbestos litigation is the longest-running mass tort of American history. It's responsible for numerous bankruptcy filings from asbestos producers. Many of these companies have established trust funds for asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is in spite of the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing the Database

A mesothelioma lawsuit or other asbestos-related illnesses is different from any typical personal injury case. In many asbestos litigation cases, plaintiffs are represented by the same law firms as well as the same expert witnesses.

To build a strong defense in an asbestos-related case attorneys need access to a comprehensive database that can help identify potential exposure sources. This includes looking over job sites, interviewinr factor in his injuries.

Asbestos cases often involve several defendants. The method of identifying them differs from a personal injury case. By interviewing family and coworkers members, reviewing invoices and work orders, getting documents from suppliers and vendors and analyzing asbestos samples taken from the plaintiff's work place and home it is possible to establish an online database that links employers, locations, and products. It is also possible to identify defendants if you are aware of the type of asbestos such as amosite or chrysotile.

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

Due to the huge number of cases and the limited resources of defendants asbestos cases are often being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent duplicate discovery.

Developing a Case

Asbestos lawsuits involve extensive research and the review of numerous documents. This can be particularly challenging because exposure to asbestos typically occurred long before the victim was diagnosed with a disease. In order to identify the sources of the exposure, lawyers need to conduct interviews and look over thousands of pages of documentation including employment records, union documents as well as social security and tax files and medical and laboratory reports.

The plaintiffs' lawyers also must do their best to identify additional defendants. In many instances, the number of defendants can be as high as 30 or 40. To achieve this they need to look further down the supply chain and research companies that may have a connection to asbestos that have not been identified in the lawsuit.

This process can be extremely long and time-consuming, particularly when the claimant suffers from mesothelioma and other severe diseases. In addition, it can be often difficult to locate witnesses and obtain physical evidence.

A mesothelioma lawyer will identify the potential defendants and their connection to victim's exposure. This can require a thorough review of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, labor and tax records.

A successful asbestos litigation strategy is dependent on extensive experience in a tangled area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since the time of our establishment in 1994 and are experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel in representing and representing the interests of a variety of different defendants, including product manufacturers, suppliers, distributors and contractors. We have extensive experience in creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders.

Preparing for the Trial

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

Many asbestos patients are diagnosed with a less serious disease like asbestosis, fibrous or pleural plaques prior to the mesothelioma's onset. Asbestosis symptoms include tightening of the lungs which could cause breathing problems, coughing, chest pain and so on.

Asbestos victims' lawyers must also scrutinize the evidence to find potential defendants who could be held responsible for the asbestos-related injuries. This involves interviewing family members, colleagues, asbestos abatement workers and asbestos manufacturers, and gathering various documents.

After identifying a potential defendant an attorney must determine the liability of the defendant. The defendants could be businesses, individuals or government agencies. They must be held accountable for their actions.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, these initiatives have failed due to a number of political issues. Asbestos victims along with their lawyers and government remain determined to hold negligent asbestos companies accountable for their behavior.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. Our attorneys have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts, where cases are assigned to judges who are familiar with asbestos matters.

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 Winter and annual conventions.