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Asbestos Litigation Each asbestos case is distinct however the process to defend these claims is the same. Your attorney will want to conduct a deposition with the plaintiff. The cause of asbestos exposure can be numerous, not just one employer or business. That's why asbestos cases often involve multiple defendants. Identifying the source of exposure The identification of asbestos exposure is a crucial step to file an asbestos claim. Lawyers representing victims typically utilize medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure. Compensation is essential for mesothelioma patients and their families to pay for the cost of costly treatment. Compensation can help families cope with the mesothelioma diagnosis. Asbestos cases are complex legal issues. The victims must be aware of their rights and the procedure. While attorneys can handle a lot of aspects of a case victims are expected to participate in the case too. This includes responding to requests for discovery and attending depositions. Be aware that the statutes are limited in New York, and you must consult an asbestos attorney immediately if you are able to. Failure to file an asbestos claim within the required timeframe could result in a denial on financial compensation. In some instances, asbestos products made by several companies have been used to expose victims. In these instances, victims' attorneys will have to determine the source of all asbestos-containing products, and the contractors and employers who supplied the asbestos-containing products. Asbestos litigation is the longest-running mass tort in American history. It is responsible for dozens bankruptcy filings from asbestos producers. Many of these companies have set up trust funds to compensate asbestos victims. Despite this asbestos defendants continue to deny 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. Making an Database A case involving mesothelioma or other asbestos-related diseases is distinct from a typical personal injury case. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms and same expert witnesses. To build a viable defense in a case involving asbestos attorneys need access to a comprehensive database that can identify potential exposure sources. This involves reviewing job sites, interviewing co-workers and collecting records from employers and suppliers. This process involves locating and interviewing doctors or nurses who might be able to testify regarding asbestos exposure. Making this kind of database can be difficult particularly when the data was deleted or lost over time. When this happens it could require the reconstruction of a complete claims database and insurance program, often from a variety of sources, including loss runs and claim files, internal systems and defense counsel records. It can take years, or years to complete. Asbestos attorneys should also access a program which permits them to identify potential defendants and locate potential exposure sites. This information is at the fingertips of attorneys can save both valuable time and money. After the mass bankruptcies of asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is king and lawsuits naming less than 100 defendants is not common. Identifying defendants The majority of asbestos cases are founded on evidence based on facts that are discovered. Many asbestos companies have denied for many years that their products could harm people, but once lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can be used to prove that certain products of the defendant caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was utilized at his work site and that the worker was exposed to it through inhalation of dust and that the exposure was a significant reason for his injuries. Asbestos cases often involve multiple defendants. The method of identifying them is different from a personal injury case. The most important thing is to create an information database that links employers and their locations, as well as products. This is done by speaking with relatives and coworkers as well as reviewing invoices and work orders and 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 you are aware of the kind of asbestos, such as chrysotile or amosite. The defendants must take the time to review these facts and identify all possible sources of exposure. This may require a examination of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the time lag for asbestos-related injuries is so long, creating an accurate database requires extensive and costly discovery. Due to the sheer number of cases and the limited resources of many defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants to pool resources and to avoid duplication of discovery. Case Development Asbestos suits require extensive study and examination of a variety of documents. This can be a challenge since exposure to asbestos often occurred years before a victim became sick. To pinpoint Stamford asbestos lawyer of asbestos exposure, lawyers must conduct an interview and go through thousands of pages of documents including union and employment records tax files, social security files, medical and laboratory reports. The lawyers representing the plaintiffs must also do everything they can to locate other defendants. In many cases, the number of defendants can be as high as 30 or 40. To do this, they must investigate the supply chain to investigate entities that may have a connection with asbestos, but are not mentioned in the lawsuit. This process can be very lengthy, especially if the plaintiff is suffering from mesothelioma and other severe diseases. It can be difficult to locate witnesses and gather physical evidence. An attorney for mesothelioma will try to identify all defendants 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 through interviews, as well as a look at their social security, union, and tax records. A successful asbestos litigation strategy relies 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 in 1994 and are experts in the nation's defense of firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel in representing and coordinating the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have extensive experience in developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders. Prepare for trial Lawyers must carefully prepare their cases prior to trial to ensure that their clients' evidence and arguments are as strong as they could be. This includes reviewing medical records and preparing all witnesses. It also involves identifying the exhibits that will be used during the trial. This can take a lot of time in complicated cases. Before developing mesothelioma asbestos sufferers develop a less severe disease, such as asbestosis or and pleural plaque. Asbestosis can cause chest pain, coughing and difficulty breathing. Asbestos victims' lawyers must also scrutinize the evidence to identify any potential defendants that could be held liable for asbestos-related injuries. This may involve interviewing coworkers, family members, asbestos manufacturers, asbestos abatement workers and obtaining a variety of documents. After identifying a potential defendant An attorney must determine the liability of this party. The defendants could be individuals, companies or governmental agencies. They are accountable for their actions that were negligent. A variety of legislative solutions to end asbestos litigation have been formulated in Congress. However, these efforts have failed due to a variety of political issues. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their actions. The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the country. Our attorneys have held insurance companies and other responsible parties accountable for their involvement in asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are supervised by judges who have expertise in asbestos-related matters. The Asbestos Litigation Group welcomes all AAJ members including regular, life, sustainer, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, and also at annual and Winter conventions.