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Asbestos Litigation

Each asbestos case is distinct, but the general process to defend these claims is the same. Your lawyer will need to take a deposition of the plaintiff.

The cause of asbestos exposure could be many, not just one company or Asbestos Defense Litigation employer. This is the reason asbestos cases typically involve multiple defendants.

Determining the Source of Exposure

In order to make an asbestos claim, it is important to identify asbestos exposure. Lawyers for victims often use medical records to determine the source of asbestos. This could help victims receive compensation from the companies liable for their asbestos litigation paralegal exposure.

Compensation is required by mesothelioma patients as well as their families to cover the expense of expensive treatment. Compensation can assist families in dealing with emotional stress with a mesothelioma diagnoses.

Asbestos cases are complex legal cases. Victims need to know their rights and procedures. While attorneys can handle many aspects of a case the victims are expected to be involved in their own case. This includes responding quickly to discovery requests and participating in depositions in court.

Remember that the statutes are restricted in New York, and you should seek advice from an asbestos lawyer immediately if you are able to. If you fail to submit your claim within the prescribed timeframe you could be unable to collect on financial compensation.

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

Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies have created trust funds to pay compensation to asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making the Database

A lawsuit involving asbestos-related diseases or mesothelioma differs from a typical personal injury case. In a lot of asbestos litigation cases, the plaintiffs are represented by same law firms as well as the same expert witnesses.

To be able to build a successful defense specializes in asbestos litigation an asbestos case, attorneys must have access to a database that can identify potential exposure sources. This includes reviewing the job site, interviewing coworkers and obtaining documents from suppliers and employers. This also involves finding and interviewing doctors and nurses who are able to testify about asbestos exposure.

Making this kind of database can be challenging particularly in situations where the data has been lost or destroyed over time. If this happens, it can necessitate the reconstruction of a complete claims database and insurance program, usually from multiple sources like loss runs, claim files, internal systems and defense counsel records. This can take years, or decades to complete.

Asbestos lawyers must also access a program which permits them to identify potential defendants and potential exposure sites. Having this information at the fingertips of attorneys can save both valuable time and money.

After the mass bankruptcies of many asbestos manufacturers, plaintiffs' lawyers sought new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where volume reigns supreme and suits that name fewer than 100 defendants are a rarity.

Identifying Defendants

Most asbestos cases are based by factual evidence that's later discovered. Many asbestos companies denied for many years that their products could cause harm to people, but after the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that specific products of the defendants caused injuries. To win a lawsuit, the plaintiff must prove that the defendant's products were used at his workplace, and that he inhaled dust from the product and that this exposure was a major reason for his injuries.

Because asbestos cases have multiple defendants, the process of identifying defendants is different from a typical personal injury case. The key is to build an information database that links employers locations, products and locations through interviews with co-workers and relatives, reviewing work orders and invoices, obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's home as well as employment websites. It is also a good way to identify defendants if one knows the type of asbestos, like amosite or chrysotile.

Defendants are required to carefully look over these facts and determine the possible sources of exposure. This can include a review of over 40 years of records from Social Security, tax, union and other records of a worker. Because of the long time lag of asbestos-related injuries, it's difficult and costly to create an accurate database.

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

Case Development

Asbestos Defense litigation (6.Gregorinius.com) suits require a lot of research and the examination of a variety of documents. This can be a particularly difficult job, as asbestos exposure is often a long time before a person is diagnosed with a disease. To identify the sources of exposure, lawyers must conduct interviews and carefully look over hundreds of pages of documentation such as union documents, employment records as well as social security and tax records as well as medical and laboratory reports.

The plaintiffs' lawyers also must do all they can to locate additional defendants. In many cases, 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 investigate companies that may have a connection to asbestos, even if they haven't been identified in the lawsuit.

This process is time-consuming, especially when the plaintiff suffers from mesothelioma or other serious illnesses. It can be difficult to locate witnesses and collect physical evidence.

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

A successful asbestos litigation strategy requires a wealth of experience in this tangled area of law. Since its inception in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional litigation that spans the entire industry. We serve as National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants, including manufacturers of products, suppliers, Asbestos Defense Litigation distributors and contractors. We have a wealth of experience creating and implementing crucial defenses, expert testimony and jurisdictional Case Management Orders.

Preparing for 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 includes reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the case. This process can be lengthy in cases that are complex.

Many asbestos patients have a less severe illness such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's onset. Asbestosis symptoms include tightening of the lungs that can cause breathing difficulties, coughing, and chest pain.

Attorneys for asbestos victims should also look over the evidence to determine potential defendants who could be held responsible for the asbestos injuries. This may involve interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining a variety.

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

Congress has enacted a number of legislative solutions to end asbestos lawsuits. The efforts have not been successful due to a variety of complicated political factors. asbestos litigation paralegal victims and their lawyers remain determined to hold negligent asbestos companies accountable for their actions.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the nation. Our attorneys have held manufacturers, insurance companies and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York, asbestos litigation is concentrated in five judicial districts, where cases are assigned to judges that are experienced with asbestos issues.

The Asbestos Litigation Group is open to AAJ Regular Life, Sustaining, and President's Club members. Members network and discuss legal issues and strategies on the group's plaintiff-only list server, at annual and winter conventions and participate in educational seminars on asbestos litigation.