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Asbestos Litigation Each asbestos case is unique, but the general process for defending such claims is the same. Your attorney will want you to conduct a deposition of the plaintiff. The source of asbestos exposure can be numerous, not just one employer or company. Albany asbestos lawyers is why asbestos cases typically involve multiple defendants. Identifying the source of exposure In order to make an asbestos claim, it is essential to determine the source of asbestos exposure. Often, victims' attorneys may use medical records to determine the cause of asbestos. This can assist victims in receiving compensation from the companies that are responsible for their asbestos exposure. Mesothelioma patients and their families need compensation to cover expensive mesothelioma treatments. Compensation can also assist families in dealing with the emotional burden of mesothelioma diagnosis. Asbestos cases are a complex legal issues. Victims need to know their rights and the procedure. Attorneys are able to handle many aspects of a case, they are expected to be involved in the proceedings. This includes responding to discovery requests and attending depositions. It is also important to keep in mind that statutes of limitations in New York are limited, and it is important to seek out an experienced asbestos attorney as soon as possible. Failure to file an asbestos claim within the proper timeframe could result in the loss on financial compensation. In some instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, victims lawyers may be required to identify the manufacturer of each product, in addition to the employers or contractors who provided the asbestos-containing materials. Asbestos litigation has been the longest-running mass tort of American history. It's responsible for numerous bankruptcy filings from asbestos producers. Many of these companies have set up trust funds to compensate asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg. Developing an Database A lawsuit involving asbestos-related illnesses or mesothelioma is distinct from a typical personal injury case. 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, lawyers need to have access to a vast database that will help them identify potential exposure sources. This includes reviewing the websites of employers, speaking with coworkers and getting information from suppliers and employers. This involves finding and interviewing doctors or nurses who may be able to testify regarding asbestos exposure. Developing this type of database can be a challenge particularly in situations where the data was deleted or lost over time. In these cases it is possible to rebuild an entire insurance program and claims database, using multiple sources such as loss runs and claim files, internal system and defense counsel records. This could take a number of years or even years to complete. Asbestos lawyers also need access to a program that allows them locate potential exposure sites and identify potential defendants. Attorneys can save time and money by having this information at their fingertips. After the mass bankruptcies of many asbestos producers, plaintiffs' lawyers sought new defendants to name in their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits naming less than 100 defendants is a rarity. Identifying the defendants Most asbestos cases are based on factual evidence that is discovered. Asbestos companies have denied for a number of years that their products could cause harm, but after the lawsuits began, documents from the company revealed evidence of the dangers. These documents can aid plaintiffs establish that certain defendants products were responsible for their injuries. To win a lawsuit, the plaintiff must demonstrate that the defendant's products were used in the workplace, and that he inhaled dust from the product and that exposure to the product was a major factor in his injuries. Asbestos cases usually involve several defendants. The method of identifying them is different from a personal injury lawsuit. Through interviews with coworkers and family members, examining invoices and work orders, obtaining documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's work place and home it is possible to create an online database that links employers as well as locations and products. It is also a good way to identify defendants if you are aware of the type of asbestos such as chrysotile or amosite. The defendants must be attentive to these facts and identify the 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 records. Because the time lag for asbestos injuries is so long, establishing an accurate database requires extensive and costly discovery. Due to the large number of asbestos cases and insufficient resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This allows defendants to share their resources and reduce the duplication of discovery. Case Development Asbestos lawsuits require a lot of investigation and the review of numerous documents. This can be a challenge since exposure to asbestos often occurred years before a victim developed a health issue. To identify the source of the asbestos exposure, lawyers must conduct interviews and go through thousands of pages of documents, such as union and employment records tax files, social security files and lab and medical reports. The attorneys representing the plaintiffs must do all they can to find other defendants. In many instances, the number of defendants can be as high as 30 or 40. To do this, they need to investigate the supply chain to investigate entities that may have a connection with asbestos, but are not named in the lawsuit. This process is often very long and time-consuming, particularly when a claimant is suffering from mesothelioma and other severe illnesses. It can be difficult to locate witnesses and gather physical evidence. A mesothelioma lawyer will identify all potential defendants, and their connection to the victim's exposure. This could include a thorough examination of the past 40 years of a victim's life. This may include interviews and a review their social security as well as labor, union, and tax records. A successful asbestos litigation strategy requires a lot of experience in this complex legal field. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad array of defendants, which includes product manufacturers, distributors, 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 be careful in preparing their cases for trial in order to ensure that their clients' evidence and arguments are as strong as they can be. This involves reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the trial. The process can take several years in the case of complex cases. Many asbestos victims are diagnosed with a less serious disease such as asbestosis, the pleural plaque or fibrosis, prior to the mesothelioma's development. Asbestosis can cause chest pain, coughing, and difficulty breathing. Attorneys representing asbestos victims must also carefully look over the evidence to determine potential defendants who could be held accountable for the asbestos-related harms. This includes interviewing coworkers, family asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, and obtaining various documents. After an attorney has identified a possible defendant, they must determine the liability of that person. The defendants could be individuals, corporations or government agencies. They must be held accountable for their actions. Congress has enacted a number of legislative solutions to settle asbestos lawsuits. However, these efforts have failed due to a number of complex political reasons. 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 attorneys have held manufacturers, insurance companies and other responsible parties accountable for their involvement in the asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts, where cases are assigned to judges who are familiar with asbestos matters. The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's club members. Members network and discuss legal issues and strategies on the Group's plaintiff-only list server, at annual and winter conventions as well as in seminars for education on asbestos litigation.