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Asbestos Litigation Each asbestos case is distinct, but the general process for defending such claims is the same. Your lawyer will ask you to take an interview with the plaintiff. The exposure of an individual to asbestos can be triggered by multiple sources, not just one employer or company. This is why asbestos cases typically involve multiple defendants. Determine the source of exposure In order to file an asbestos claim, it is crucial to pinpoint asbestos exposure. Lawyers representing victims typically utilize medical records to determine asbestos' source. This can help victims receive compensation from the companies liable for asbestos exposure. Mesothelioma patients and their families need compensation to cover the cost of mesothelioma treatments. Compensation can also assist families in dealing with the emotional burden of mesothelioma being diagnosed. Asbestos lawsuits are complex legal proceedings, and the victims need to know their rights and the way in which the process operates. While attorneys can handle many 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 are restricted in New York, and you should consult an asbestos attorney immediately if you are able to. If you do not submit your claim within the stipulated time period you could be unable to collect on financial compensation. In some cases, victims were exposed to asbestos-containing products made by multiple companies. In such cases, the lawyers representing the victims need to identify all the asbestos-containing products, as well the employers and contractors who supplied the materials. Asbestos litigation has been the longest-running mass tort of American history. It has been responsible for numerous bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. But asbestos defendants continue to dispute evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory diseases. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg. The process of creating an Database A case involving mesothelioma or other asbestos-related illnesses is distinct from a typical personal injury lawsuit. In a lot of asbestos litigation cases, plaintiffs are represented by the same law firms and same expert witnesses. To be able to build a successful asbestos defense, attorneys need to have access to an extensive database that can identify possible exposure sources. This includes examining the job site, interviewing coworkers and getting documents from employers and suppliers. The process also requires tracking down and interviewing doctors and nurses who can testify about asbestos exposure. This type of database is difficult to build, particularly in the event that the data was lost over time. In these situations it could be necessary to reconstruct the entire insurance program and claims database making use of multiple sources, including loss runs, claim files, internal system and defense counsel records. This can take many years or even decades to complete. Asbestos lawyers also need access to a program that allows them locate potential exposure areas and identify potential defendants. Attorneys can save time and money by having this information at their fingertips. After the collapse of several asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. Because of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits that name less than 100 defendants is not common. Identifying the defendants The actual basis of asbestos cases is often established through discovery. Many asbestos companies have denied for decades that their products could harm people, but when the lawsuits started, documents from the company came to light and revealed evidence of the dangers. These documents can be used to prove that particular defendants products caused injuries. To win a case, the plaintiff must show that the defendant's product was in use at his work site, that they were exposed to it inhaling dust and that the exposure was a significant cause of his injuries. Asbestos cases usually involve multiple defendants. The process of identifying them differs from a personal injury lawsuit. The key is to develop a database linking employers and their locations, as well as products. This is done through interviews with co-workers and relatives, reviewing work orders and invoices as well as documents from vendors and suppliers and analyzing samples taken from the plaintiff's home and work sites. The type of asbestos used – amosite, chrysotile or Crocidolite – could be helpful in identifying defendants because each product is produced by a different manufacturer. The defendants are required to thoroughly examine these facts and identify all possible sources of exposure. This may include a look at more than 40 years of records from Social Security, tax, union and other documents of the worker. Due to the long latency of asbestos-related injuries, it is difficult and expensive to establish an accurate database. Due to the high volume of asbestos cases and limited resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This gives defendants to pool resources and also avoid duplicate discovery. The process of creating a case Asbestos suits require extensive study and examination of numerous documents. This can be particularly difficult because exposure to asbestos typically occurred long before the victim developed a health issue. To determine the sources of exposure, attorneys must conduct interviews and go through thousands of pages of documentation like employment records, union documents as well as tax and social security files and medical and laboratory reports. The lawyers representing the plaintiffs must also do everything they can to identify other defendants. In certain instances, there could be as many as 40 defendants. To achieve this they need to look further down the supply chain and investigate entities with a possible nexus to asbestos, but have not been named in the lawsuit. This process can be extremely lengthy, especially if the claimant suffers from mesothelioma and other severe diseases. In addition, it can be often difficult to find witnesses and to obtain physical evidence. Allentown asbestos lawsuit will attempt to identify all defendants and their connections to the victim's exposure. This could involve a thorough review over the past 40 years of a victim's life. This may include interviews and a look at their social security and union, as well as tax records. A successful asbestos litigation strategy is dependent on extensive experience in a complicated 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 firms involved in industry-wide, multi-jurisdictional litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a broad array of defendants, which includes distributors, manufacturers, and contractors. We have a wealth of experience creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders. Preparing for the Trial Lawyers must carefully prepare their cases ahead of trial to ensure that their clients have the strongest evidence and arguments possible. This includes reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the case. This process can be years long in complex cases. Before developing mesothelioma asbestos patients develop a lesser disease, such as asbestosis or pleural fibrosis or pleural plaque. Asbestosis symptoms include tightening of the lungs which can cause breathing difficulties, coughing, and chest pain. Attorneys representing asbestos victims should also examine the evidence in order to determine potential defendants that could be held responsible for the asbestos injuries. This includes speaking with coworkers, family asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, in addition to gathering various documents. Once a defendant has been identified, an attorney must determine the responsibility of the party. The defendants can be businesses, individuals, or government agencies. They are accountable for their wrongful actions. Several legislative remedies to resolve asbestos litigation have been suggested in Congress. These efforts have not been effective due to a myriad of complicated political factors. Asbestos victims and their lawyers are still committed to holding negligent asbestos companies accountable for their conduct. The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our lawyers have held manufacturers, insurance companies, and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts where cases are assigned to judges that are experienced 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.