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Asbestos Litigation Each asbestos case is distinct however the process for defending claims involving asbestos is similar. Your lawyer will ask you to take depositions of the plaintiff. The source of asbestos exposure can be numerous, not only one employer or company. That's why asbestos cases often involve multiple defendants. Determining the Source of Exposure The identification of asbestos exposure is a crucial step in filing an asbestos claim. Lawyers representing victims typically use medical records to determine the source of asbestos. This can assist victims in receiving compensation from the companies liable for asbestos exposure. Mesothelioma sufferers and their families need compensation to pay for mesothelioma treatments. Compensation can help families cope emotionally with the mesothelioma diagnosis. Asbestos cases are complex legal cases. Victims must be aware of their rights and the process. Attorneys are able to handle a variety of aspects of a case, they are expected to participate in the process. This includes responding to discovery requests and taking depositions. It is also important to keep in mind that the statutes of limitations in New York are limited, and it is important to seek out an experienced asbestos lawyer as soon as possible. If you don't file your claim within the stipulated timeframe, you could lose out on financial compensation. In some instances, asbestos products made by multiple companies have been used to expose victims. In these cases, victims' attorneys may need to identify the companies that made each product, in addition to the employers or contractors 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 pay compensation to asbestos victims. However, asbestos defendants continue to challenge evidence linking asbestos exposure and mesothelioma, lung cancer or other respiratory diseases. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg. The process of creating the Database A case involving mesothelioma or other asbestos-related illnesses is different from any typical personal injury lawsuit. In many cases asbestos litigation, there are many of the same defendants (companies who are being sued) and many of the same law firms that represent plaintiffs and many of the same expert witnesses. To build a strong asbestos defense, attorneys need to have access to a vast database that can pinpoint potential exposure sources. This involves reviewing the job site, interviewing coworkers and getting documents from employers and suppliers. This also involves tracking down and interviewing doctors and nurses who can testify regarding asbestos exposure. The creation of this type of database can be challenging particularly when the data was deleted or lost over time. In these situations, it may be necessary to reconstruct a complete insurance program and claims database making use of multiple sources, like loss runs, claim files internal system and defense counsel records. This could take a number of years or even decades to complete. Asbestos lawyers should also have access to a software that allows them locate potential exposure sites and identify potential defendants. Attorneys can save time and money by having this information at their fingertips. Following the massive bankruptcies of asbestos producers attorneys for plaintiffs sought new defendants to list in their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trial groups in which volume is the king and suits that name less than 100 defendants is rare. Identifying defendants The actual basis of asbestos lawsuits is often established through discovery. Many asbestos companies resisted for decades that their products could cause harm to people, but after lawsuits began, company documents emerged to reveal evidence of the dangers. These documents can assist plaintiffs establish that certain defendants' products caused their injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was used at his workplace and that he was exposed to it inhaling dust and that exposure was a significant reason for his injuries. Asbestos cases usually involve multiple defendants. The process of identifying them differs from a personal injury lawsuit. The key is to build an inventory of employers locations, products and locations by interviewing co-workers and relatives as well as reviewing invoices and work orders, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home as well as employment websites. The type of asbestos involved such as amosite, chrysotile or crocidolite – is helpful in identifying defendants because each product is made by an individual manufacturer. Defendants must carefully review these facts and identify all possible sources of exposure, which may require a review of more than forty years of a worker's existence through Social Security, union, tax and other documents. Because the time between asbestos injuries is so long, the creation of an accurate database requires a lot of time and costly investigation. Due to the huge number of cases and limited resources of many defendants Many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This gives defendants the opportunity to share resources, and also avoid duplicate discovery. Making a Case Asbestos suits require a lot of research and the examination of numerous documents. This can be particularly challenging since exposure to asbestos often was a long time before the victim became sick. In order to identify the source of exposure, lawyers need to conduct interviews and go through the thousands of pages of documents including union documents, employment records, tax and social security files, and medical and laboratory reports. The lawyers representing the plaintiffs have to do everything they can to identify additional defendants. In certain cases, there could be up to 40 defendants. To achieve this they need to look further down the supply chain and research companies that may have a connection to asbestos that have not been identified in the lawsuit. This process can be extremely long and time-consuming, particularly when the plaintiff is suffering from mesothelioma and other severe diseases. In addition, it can be often difficult to locate witnesses and get physical evidence. Atlanta asbestos lawsuit will identify all potential defendants, and their connection to victim's exposure. This may be a thorough analysis of the last 40 years of a victim's life. This 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. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our founding in 1994 and are nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel in representing and coordinating the interests of many different defendants, including manufacturers of products distributors, suppliers, and contractors. We have a wealth of experience developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders. Prepare for the trial Lawyers need to carefully prepare their cases prior to trial so that their clients can present the strongest evidence and arguments possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying evidence to be used in the case. The process can take years long in complex cases. Before developing mesothelioma, many asbestos victims develop a lesser disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis symptoms can include tightening of the lungs which could cause breathing problems, coughing, and chest pain. Lawyers for asbestos victims should also look over the evidence to determine potential defendants who could be held accountable for the asbestos injuries. This includes interviewing coworkers and family members, asbestos asbestos manufacturers, asbestos abatement employees and obtaining a variety of documents. Once a lawyer has identified a defendant, they must then determine the liability of the party. The defendants can be businesses, individuals, or government agencies. They are accountable for their actions. Several legislative remedies to resolve asbestos litigation have been suggested in Congress. The efforts have not been effective due to a myriad of complicated political factors. 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 in New York state and across the country. Our lawyers have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts, where cases are supervised by judges who have experience in asbestos cases. The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's Club members. Members interact and discuss legal issues and strategies on the Group's plaintiff-only list server at the annual and winter conventions, and in educational seminars on asbestos litigation.