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Asbestos Litigation Each asbestos case is unique however the general procedure for defending against such claims is the same. Your lawyer will ask you to conduct depositions of the plaintiff. The cause of asbestos exposure could be many, not just one employer or business. This is why asbestos cases usually involve multiple defendants. Determine the source of exposure Identifying asbestos exposure is a crucial step in filing an asbestos claim. Often, the attorneys of victims may use medical documents to determine the source of asbestos. This can assist victims in obtaining compensation from the companies that are accountable for asbestos exposure. Compensation is required by mesothelioma patients and their families to cover the expense of expensive treatment. Compensation can assist families in dealing with emotional stress with the mesothelioma diagnosis. Asbestos lawsuits can be a complicated legal proceedings, and the victims need to understand their rights and how the process works. While attorneys can handle many aspects of a case, victims are expected to participate in their own case. This includes responding quickly to discovery requests and attending court depositions. It is also important to keep in mind that the statutes of limitations in New York are limited, and it is essential to seek out an experienced asbestos attorney as soon as possible. Failing to file an asbestos claim within the required time frame could result in a denial on financial compensation. In some cases asbestos-containing products produced by several companies have been used to expose victims. In Surprise asbestos lawsuits , the victims lawyers may be required to identify the manufacturer of each product, as well as the contractors or employers who provided the asbestos-containing materials. Asbestos litigation is the longest-running mass tort in American history. It has been the cause of hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. Despite this, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or 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. The process of creating an Database A lawsuit involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury case. In many asbestos litigation cases, the plaintiffs are represented by the same law firms and same expert witnesses. To develop a successful asbestos defense, attorneys need to be able to access a large database that can identify possible exposure sources. This involves reviewing job sites, talking to coworkers and collecting records from employers and suppliers. The process also requires finding and interviewing doctors and nurses who can testify about asbestos exposure. This kind of database is difficult to create, particularly in the event that the data was lost over time. If this happens it may require the reconstruction of an entire claims database and insurance program, often 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 lawyers should also have access to a software that allows them to find potential exposure areas and identify potential defendants. Attorneys can cut down on time and money by having this information at their fingertips. After the mass bankruptcies of asbestos producers, plaintiffs' lawyers sought new defendants to name in their lawsuits. Because of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and lawsuits naming less than 100 defendants is rare. Identifying the defendants Most asbestos cases are founded on evidence based on facts that are discovered. Many asbestos companies resisted for years that their products could cause harm to people, but after the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can be used to prove that certain products of the defendant caused injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was in use at his work site and that he was exposed to it through inhalation of dust and that the exposure was a significant factor in his injuries. Asbestos cases usually involve multiple defendants. The process of identifying them is different from a personal injury lawsuit. The most important thing is to create an information database that links employers locations, products and locations by interviewing co-workers and relatives, reviewing work orders and invoices, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home and work sites. The type of asbestos used – amosite, chrysotile or crocidolite – is useful in identifying defendants since each product is produced by an individual manufacturer. Defendants must carefully review these facts, and determine all possible sources of exposure. This could include a thorough review of more than 40 years of records from the Social Security, tax, union, and other documents of workers. Due to the long latency of asbestos-related injuries, it's difficult and expensive to establish an accurate database. Because of the large numbers of cases and limited resources of defendants asbestos cases are often transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants the opportunity to pool resources and to avoid duplication of discovery. Making a Case Asbestos suits require extensive research and the examination of numerous documents. This can be a difficult job, as asbestos exposure can occur years before the person who suffers from illness. To determine the sources of the exposure, attorneys must conduct interviews and carefully review thousands of pages of documentation including union documents, employment records as well as social security and tax records, and medical and laboratory reports. The attorneys representing the plaintiffs must do all they can to locate additional defendants. In certain cases, there could be up to 40 defendants. To do this, they need to investigate the supply chain to investigate companies that might have a link to asbestos but who are not mentioned in the lawsuit. This process can be very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma and other severe illnesses. It is also difficult to locate witnesses and gather physical evidence. A mesothelioma lawyer will identify the potential defendants and their relationship to victim's exposure. This could require a thorough examination of more than 40 years of the victim's life via interviews and a review of their social security, union, labor and tax records. A successful asbestos litigation strategy depends on extensive experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since the time of our establishment at the beginning of 1994. We are also experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants, including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience establishing and developing crucial defenses such as expert testimony and jurisdictional Case Management Orders. Preparing for the Trial Lawyers must carefully prepare their cases before trial so that their clients have the strongest arguments and evidence possible. This involves reviewing medical records, preparing all witnesses and identifying the exhibits that will be used in the case. The process can take lengthy in cases that are complex. Many asbestos victims have a less severe illness like asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's development. Asbestosis symptoms include tightening of the lungs that 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 liable for the asbestos-related injuries. This may involve interviewing coworkers and family members, asbestos abatement workers, asbestos manufacturers and obtaining a variety. After a lawyer has identified a possible defendant, they must determine the liability of that person. The defendants may be individuals, companies or governmental organizations. They must be held accountable for their wrongful actions. Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these initiatives have not been successful due to a variety of complicated political motives. Asbestos victims as well as their lawyers and the government are determined to hold negligent asbestos companies accountable for their conduct. The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our attorneys have held manufacturers, insurance companies, and other responsible parties accountable for their involvement in asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts, where cases are assigned to judges who are familiar with asbestos-related issues. The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at annual and Winter conventions.