10 Apps To Aid You Manage Your Asbestos Litigation

Asbestos Litigation

Each asbestos case is distinct however, the general procedure to defend these claims is similar. Your attorney will want you to conduct an interview with the plaintiff.

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

Determining the Source of Exposure

In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Lawyers representing victims typically utilize medical records to determine asbestos' source. This can help victims get compensation from the companies that are accountable for asbestos exposure.

Compensation is required by mesothelioma patients and their families to cover the cost of costly treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma diagnosis.

Asbestos lawsuits are complex legal cases, and victims must be aware of their rights and how the process works. Attorneys are able to handle a variety of aspects of a case, they are expected to participate in the process. This includes responding promptly to discovery requests and attending court depositions.

It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is essential to consult an experienced asbestos lawyer as soon as possible. If you fail to file your claim within the stipulated time frame, you could lose out on financial compensation.

In a few instances, asbestos products made by multiple companies have been used to expose victims. In these cases, lawyers representing the victims will have to determine the source of all asbestos-containing products as well as the companies and contractors that supplied the materials.

Asbestos litigation is the longest-running mass tort in American history. It has been responsible for hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue to dispute evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating an Database

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

To build a successful defense in a case involving asbestos attorneys need access to a database that can pinpoint potential sources of exposure. This involves reviewing the job site, interviewing coworkers, and obtaining documents from suppliers and employers. The process also requires the search for and interviewing doctors and nurses who can testify regarding asbestos exposure.

This type of database is difficult to develop, especially in the event that the data was lost over time. If this happens it could require the reconstruction of a complete claims database as well as an insurance program, often from multiple sources like loss runs and claim files, internal systems and defense counsel records. This could take a number of years or even decades to complete.

Asbestos lawyers should also have access to a program that allows them locate potential exposure sites and to identify potential defendants. Attorneys can cut down on time and money by having this information readily available.

Following the bankruptcy of a number of asbestos producers, plaintiffs' attorneys looked for 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 that name less than 100 defendants is a rarity.

Identifying defendants

Most asbestos lawsuits are based on evidence based on facts that are discovered. Asbestos companies denied for many years that their products could cause harm, but once lawsuits started documents from the company revealed evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To win a lawsuit, a plaintiff has to prove that the defendant's product were used at his workplace, that he inhaled dust from the product, and that exposure to the product was a major factor in his injuries.

Since asbestos cases have multiple defendants, the method of identifying defendants is different from a typical personal injury case. By interviewing coworkers and family members, reviewing 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 a database that links employers, 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 are required to thoroughly look over these facts and determine the possible exposure sources. This could include a thorough review of more than 40 years of records from the Social Security, tax, union and other records of workers. Due to the long latency of asbestos-related injuries, it is difficult and costly to build an accurate database.

Due to the large number of asbestos attorney cases and limited resources of many defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants to share resources and avoid duplication of discovery.

Case Development

Asbestos lawsuits involve extensive research and the review of a large number of documents. This can be particularly difficult because exposure to asbestos typically was a long time before the victim became sick. To determine the source of asbestos exposure, lawyers must conduct interview and carefully go through thousands of pages of documents like employment records and union documents, tax files and social security records, lab and medical reports.

The plaintiffs' attorneys must also do everything they can to identify other defendants. In certain instances, there could be up to 40 defendants. To do so, they must look further down the supply chain and research entities with a possible nexus to asbestos, but have not been named in the litigation.

This process can be extremely lengthy, especially if the plaintiff is suffering from mesothelioma, or other serious diseases. In addition, it is often difficult to locate witnesses and to obtain physical evidence.

A mesothelioma lawyer will identify the identity of all defendants who could be implicated, and their connection to the victim's exposure. This could be accomplished by a thorough analysis of over 40 years of the victim's life via interviews as well as a review of their social security, union, and tax records.

A successful asbestos litigation strategy is dependent on extensive 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 national leaders in defending companies involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide range of defendants, including distributors, manufacturers, and contractors. We have extensive experience in formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Prepare for trial

Lawyers must meticulously prepare their cases before trial to ensure that their clients are able to present the strongest evidence and arguments possible. This involves reviewing medical records, gathering all witnesses and identifying exhibits to be used in the trial. This process can take years in cases that are complex.

Many asbestos victims have a less severe illness such as asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's development. Asbestosis symptoms include tightening of the lungs which could cause breathing problems, coughing and chest pain.

Asbestos victims' attorneys must also carefully review the evidence to identify any potential defendants that could be held responsible for the asbestos-related injuries. This may involve interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents.

After identifying a potential defendant, an attorney must determine the liability of this party. The defendants may be individuals, companies or government agencies. They are held accountable for their negligent acts.

Congress has enacted a number of legislative solutions to end asbestos lawsuits. However, these efforts have failed due to a number of complicated political motives. Asbestos victims and their lawyers are still 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 nation. Our lawyers have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are supervised by judges who have expertise in asbestos matters.

The Asbestos Lawsuit Litigation Group welcomes all AAJ members, including regular, life, sustainer, and President's club members. Members meet and discuss legal issues and strategies on the Group's plaintiff-only list server during the annual and winter conventions as well as in seminars for education on asbestos litigation.