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Asbestos Litigation Each asbestos case is unique, but the general procedure for defending against claims based on asbestos is the same. Your attorney will want you to conduct an interview with the plaintiff. The source of asbestos exposure can be numerous, not only one employer or business. This is the reason asbestos cases typically involve multiple defendants. Find out the source of exposure In order to file an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, victims' attorneys may use medical records to determine the source of asbestos. This can help victims receive compensation from the companies liable for asbestos exposure. Mesothelioma victims and their families are entitled to compensation to cover the cost of mesothelioma treatments. Compensation can help families cope emotionally with the mesothelioma diagnosis. Asbestos cases are a complex legal issues. Victims must be aware of their rights and the procedure. While attorneys are able to handle a variety of aspects of a case, victims are expected to participate in the case too. This includes responding to discovery requests and attending depositions. Remember that the statutes of limitations are limited in New York, and you must consult an asbestos attorney immediately if you are able to. If you fail to submit your claim within the specified timeframe you could be unable to collect on financial compensation. In some cases, victims were exposed to asbestos-containing products made by various companies. In these cases, victims' attorneys will need to identify all the asbestos-containing products, and the companies and contractors that supplied the materials. Asbestos litigation is the longest-running mass tort in American history. It has been responsible for hundreds of bankruptcy filings from asbestos producers. Many of these companies 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 studies conducted by doctors like Dr. Irving J. Selikoff Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others. Making an Database A lawsuit involving mesothelioma or other asbestos-related diseases differs from a typical personal injury lawsuit. In many asbestos litigation cases, the plaintiffs are represented by same law firms and same expert witnesses. In order to develop a successful defense in a case involving asbestos, attorneys must have access to a database that can pinpoint possible sources of exposure. This includes reviewing the job site, interviewing coworkers, and obtaining documents from employers and suppliers. The process also requires finding and interviewing doctors and nurses who can testify regarding asbestos exposure. Making this kind of database can be a challenge, especially in cases where the data was deleted or lost over time. If this happens it could require the reconstruction of a complete claims database and insurance program, often from a variety of sources, including loss runs, claim files, internal systems and defense counsel records. It could take years, or even years to complete. Asbestos lawyers must also access to a software that allows 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. Following the massive bankruptcies of many asbestos manufacturers, plaintiffs' lawyers sought new defendants to name in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and lawsuits that name less than 100 defendants are a rarity. Identifying the defendants The actual basis of asbestos cases is usually established through discovery. Many asbestos companies resisted for decades that their products could cause harm to people, but when lawsuits began, company documents were discovered to provide evidence of the dangers. These documents can be used to prove that particular products of the defendant caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's products were used in the workplace, and that he inhaled dust from the product, and that this exposure was a major cause of his injuries. Asbestos cases usually involve multiple defendants. The method of identifying them differs from a personal injury case. The key is to develop a database linking employers locations, products and locations through interviews with co-workers and relatives, reviewing invoices and work orders and obtaining documents from vendors and suppliers and analyzing samples from the plaintiff's residence and work websites. It is also possible to identify defendants if one knows the type of asbestos like amosite or chrysotile. The defendants are required to thoroughly look over these facts and determine all possible sources of exposure. This can include a look at more than 40 years of records from Social Security, tax, union and other documents of a worker. Due to the long latency of asbestos-related injuries, it is difficult and costly to create an accurate database. Due to the huge number of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and avoid duplication of discovery. Making a Case Asbestos suits require extensive investigation and the review of a variety of documents. This can be particularly difficult because asbestos exposure often occurred years before a victim became sick. To determine the source of the asbestos exposure, lawyers must conduct interview and carefully review thousands pages of documentation like union and employment records as well as tax files, social security files, lab and medical reports. The lawyers representing the plaintiffs have to do everything they can to identify additional defendants. In many cases, the number defendants could be as high as 30 or 40. To do so they must go further down the supply chain and look into organizations that could have a connection to asbestos that have not been identified in the lawsuit. This process can be very time-consuming, especially when the claimant suffers from mesothelioma or other serious illnesses. It is also difficult to find witnesses and to gather evidence. A mesothelioma lawyer will determine all potential defendants, and their relationship to victim's exposure. This could involve a thorough review over the past 40 years of a victim's life, which may include interviews and a review their social security and union, as well as tax records. A successful asbestos litigation strategy requires extensive knowledge of this complicated area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception back in 1994. We are the nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel and liaison counsel as well as managing the interests of many different defendants including product manufacturers, suppliers, distributors and contractors. We have extensive experience establishing and developing crucial defenses including expert testimony, jurisdictional Case Management Orders. Prepare for trial Lawyers must meticulously prepare their cases before trial so that their clients are able to present the strongest arguments and evidence possible. This includes reviewing medical records, making sure that all witnesses are prepared and identifying evidence to be used in the trial. This process can take a long time in cases that are complex. Many asbestos patients are diagnosed with a less serious disease like asbestosis, fibrous or pleural plaques prior to the mesothelioma's development. Asbestosis can cause coughing, chest pain, and breathing difficulties. Lawyers for asbestos victims should also look over the evidence to identify potential defendants who could be held accountable for the asbestos injuries. This includes interviewing coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and getting various documents. Once a defendant is identified as a possible defendant An attorney must determine the responsibility of the defendant. The defendants can be businesses, individuals or government agencies. They are accountable for their negligent actions. Congress has proposed several legislative solutions to end asbestos lawsuits. These efforts haven't been successful due to a range of complex political factors. Asbestos victims and their lawyers remain 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 lawyers have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate Atlanta asbestos attorney is divided into five judicial districts which are assigned cases by judges who have expertise in asbestos-related matters. The Asbestos Litigation Group welcomes all AAJ members including life, regular, sustainer, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.