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Asbestos Litigation Every asbestos case is different, but the general procedure to defend against such claims is the same. Your lawyer will ask you to conduct an interview with the plaintiff. The cause of asbestos exposure could be numerous, not only one employer or company. Hollywood asbestos attorneys 's why asbestos cases often involve multiple defendants. Determining the Source of Exposure Recognizing asbestos exposure is a crucial step to file an asbestos claim. Attorneys for victims can often utilize medical records to determine the source of asbestos. This can help victims get compensation from the companies accountable for asbestos exposure. Mesothelioma sufferers and their families require compensation to cover the cost of mesothelioma-related treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis. Asbestos cases are complex legal cases. Victims need to know their rights and the procedure. While attorneys can handle a lot of aspects of a case, victims are expected to participate in their case as well. This includes responding quickly to discovery requests and attending depositions in court. It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is important to consult an experienced asbestos attorney whenever you can. If you do not submit your claim within the specified time period you could be denied on financial compensation. In some instances asbestos-containing products manufactured by multiple companies have been used to expose victims. In these instances, lawyers representing the victims will have to determine the source of all asbestos-containing products as well as the employers and contractors who supplied the materials. Asbestos litigation is the longest-running mass tort in American history, and it has been responsible for numerous bankruptcy filings filed by 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 despite research conducted by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others. Developing the Database A case involving asbestos-related diseases or mesothelioma is different than a typical personal injury lawsuit. In many cases asbestos litigation, there are a lot of the same defendants (companies that are sued) and many of the same law firms representing plaintiffs and many of the same expert witnesses. To build a strong asbestos defense, lawyers need to be able to access a large database that will help them identify potential exposure sources. This involves reviewing the websites of employers, speaking with coworkers and obtaining information from suppliers and employers. This also involves tracking down and interviewing nurses and doctors who are able to testify about asbestos exposure. Developing this type of database can be difficult particularly in situations where the data has been lost or destroyed over the course of time. In these cases, it may be necessary to recreate a complete insurance program and claims database using multiple sources, like loss runs, claim files internal system, as well as defense counsel records. It can take a long time or even decades to complete. Asbestos lawyers also need access to a program that allows them locate potential exposure sites and identify potential defendants. This information is available to attorneys can help save time and money. After the bankruptcy of many asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and suits that name less than 100 defendants is rare. Identifying defendants The factual foundation of asbestos cases is often established through discovery. Asbestos companies denied for many years that their products could cause harm, but once lawsuits began, documents from the company revealed evidence of the dangers. These documents can be used to prove that certain defendants products caused injuries. To win a case, a plaintiff must demonstrate that the defendant's product was utilized at his workplace, that they were exposed to it inhaling dust and that the exposure was a significant reason for his injuries. Since asbestos cases have multiple defendants, the process of identifying defendants is different from a typical personal injury case. The key is to build a database linking employers locations, products and locations by speaking with relatives and coworkers, reviewing work orders and invoices as well as documents from vendors and suppliers and analyzing samples from the plaintiff's home as well as work sites. The type of asbestos used – amosite, chrysotile or crocidolite – is helpful in identifying defendants because each product is produced by the same manufacturer. Defendants must carefully look over these facts and identify all possible sources of exposure. This could include a look at more than 40 years of records from the Social Security, tax, union, and other records of the worker. Because of the long time lag of asbestos-related injuries, it's difficult and costly to create an accurate database. Due to the high volume of asbestos cases and the limited resources of defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants the opportunity to pool resources and also avoid duplicate discovery. Case Development Asbestos lawsuits involve extensive research and the review of numerous documents. This can be particularly challenging because asbestos exposure often was a long time before the victim became sick. To determine the sources of the exposure, attorneys need to conduct interviews and go through hundreds of pages of documentation such as employment records, union documents social security and tax records and medical and laboratory reports. The plaintiffs' lawyers also must do all they can to locate additional defendants. In certain instances, there could be up to 40 defendants. To achieve this they must go further down the supply chain and investigate organizations that could have a connection to asbestos that have not been named in the litigation. This process can be extremely long, particularly when the claimant suffers from mesothelioma or other serious illnesses. It is also difficult to find witnesses and gather physical evidence. A mesothelioma attorney will work to determine the identity of all defendants and the connection to the victim's exposure. This can require a thorough review of over 40 years of the victim's life through interviews, as well as a look at their social security, union, and tax records. A successful asbestos litigation strategy requires a wealth of experience in this tangled area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our founding back in 1994. We are the nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide variety of defendants, including product manufacturers, distributors and contractors. We have a wealth of experience developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders. Prepare for the trial Lawyers must carefully prepare their cases before trial to ensure that their clients can present the strongest arguments and evidence possible. This involves reviewing medical records, gathering all witnesses and identifying exhibits to be used in the case. The process can take lengthy in cases that are complex. Many asbestos patients develop a less severe disease such as asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's onset. Asbestosis can cause chest pain, coughing and difficulty breathing. Attorneys for asbestos victims must also examine the evidence in order to identify potential defendants who might be accountable for the asbestos injuries. This includes interviewing coworkers and family members, asbestos abatement workers, asbestos manufacturers and obtaining various documents. After identifying a potential defendant, an attorney must determine the legal liability of this party. The defendants could be individuals, businesses or government agencies. They are accountable for their wrongful actions. Congress has offered a variety of legislative solutions to settle asbestos lawsuits. However, these attempts have failed due to a variety of complicated political motives. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos companies accountable for their actions. The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our lawyers have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts which are assigned cases by judges who have expertise in asbestos matters. The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at winter and annual conventions.