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Asbestos Litigation Each asbestos case is distinct, but the general process for defending such claims is similar. Your lawyer will ask you to take depositions of the plaintiff. The exposure of an individual to asbestos can be triggered by numerous sources, not only one employer or company. This is why asbestos cases typically involve multiple defendants. Find out the source of exposure Recognizing asbestos exposure is a crucial step in submitting an asbestos claim. Lawyers for victims often utilize medical records to determine asbestos' source. This can help victims get compensation from companies responsible for their asbestos exposure. Compensation is needed by mesothelioma patients as well as their families to pay for the cost of expensive treatment. Compensation can help families cope when a mesothelioma diagnosis is announced. Asbestos lawsuits are complex legal proceedings, and the victims must be aware of their rights and how the process works. While attorneys are able to handle a variety of aspects of a case they are expected to participate in the case. This includes responding promptly to requests for discovery and attending court depositions. Remember that the statutes of limitations are restricted in New York, and you should consult an asbestos attorney as soon a possible. Failure to file an asbestos claim within the required timeframe could result in a denial on financial compensation. In certain instances, victims were exposed to asbestos products manufactured by multiple companies. In these cases, the victims lawyers may be required to identify the manufacturer of each product, in addition to the contractors or employers who provided the asbestos-containing materials. Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have created trust funds to compensate asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg. Making the Database A case involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies that are being sued) and many of the same law firms that represent plaintiffs, as well as many of the same expert witnesses. To build a strong asbestos defense, lawyers need to have access to an extensive database that will help them identify potential exposure sources. This includes reviewing the job site, interviewing coworkers and getting documents from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able testify regarding asbestos exposure. Making this kind of database can be a challenge particularly in situations where the data has been lost or destroyed over the course of time. In these instances, it may be necessary to recreate the entire insurance program and claims database, using multiple sources like loss runs, claim files internal system and defense counsel records. This can take years, or even years, to complete. Asbestos lawyers also need access to a software that allows them to locate potential exposure areas and identify potential defendants. Attorneys can save time and money by having this information at their fingertips. After the bankruptcy of many asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. Because of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is king and suits naming less than 100 defendants is a rarity. Identifying the defendants Often, asbestos cases are based on factual evidence that is discovered. Many asbestos companies resisted for decades that their products could harm people, but once the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. In order to win a lawsuit a plaintiff has to prove that the defendant's product were used in his workplace, that he inhaled dust from the product, and that exposure to the product was a major factor in his injuries. Asbestos cases often involve several defendants. The method of identifying them differs from a personal injury case. The key is to build an information database that links employers and their locations, as well as products. This is done through interviews with co-workers and relatives looking over work orders and invoices as well as documents from vendors and suppliers, and analyzing samples from the plaintiff's home as well as employment sites. The type of asbestos involved – amosite, chrysotile or crocidolite – can also be useful in identifying defendants since each product is manufactured by the same manufacturer. The defendants are required to thoroughly review these facts, and identify all possible sources of exposure. This can include a thorough review of more than 40 years of records from the Social Security, tax, union and other documents of workers. Because the time between asbestos injuries is so long, establishing an accurate database requires extensive and costly research. Due to the huge number of asbestos cases and the insufficient resources of defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants to share their resources and reduce duplicate discovery. Making a Case Asbestos lawsuits require extensive research and the review of many documents. This can be a particularly difficult task because asbestos exposure is often a long time before the victim becomes ill. To pinpoint the source of the asbestos exposure, attorneys must conduct interviews and examine thousands of documents including employment records and union documents tax files, social security files and medical and lab reports. The plaintiffs' lawyers also must do all they can to find additional defendants. In many cases, the number of defendants could be as high as 30 or 40. To accomplish this, they have to examine the supply chain to find companies that might have a link to asbestos but who are not included in the lawsuit. This process is long, particularly if the claimant has mesothelioma or other serious illnesses. It is also difficult to find witnesses and collect physical evidence. A mesothelioma lawyer will establish all potential defendants, and their connection to victim's exposure. This could require a thorough examination of more than 40 years of the victim's life through interviews and a review of their social security, union, and tax records. A successful asbestos litigation strategy is dependent on years of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since the time of our establishment back in 1994. We are the experts in the nation's defense of companies involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as coordinating the interests of many different defendants, including manufacturers of products, suppliers, distributors and contractors. We have extensive experience creating and implementing crucial defenses such as expert testimony and jurisdictional Case Management Orders. Prepare for Trial Lawyers must meticulously prepare their cases for trial in order to ensure that their clients' evidence and arguments are the strongest they can be. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the case. This can take a lot of time in cases that are complex. Many asbestos victims are diagnosed with a less serious disease such as asbestosis, pleural plaque or fibrosis before the mesothelioma's development. Asbestosis symptoms include tightening of the lungs that could cause breathing problems, coughing and chest pain. Attorneys for asbestos victims should also look over the evidence to determine potential defendants that might be accountable for the asbestos-related injuries. This includes interviewing coworkers, family members, asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents. After an attorney has identified a defendant, they must determine the liability of the person. College Station asbestos lawyers could be individuals, corporations or government agencies. They are held accountable for their wrongful actions. Many legislative solutions to solve asbestos litigation have been proposed in Congress. However, these initiatives 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. Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the nation. Our lawyers have held manufacturers, insurance companies, and other responsible parties accountable for their involvement in asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts where cases are supervised by judges who have expertise in 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 annual and Winter conventions.