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Asbestos Litigation Every asbestos case is different, but the general procedure for defending against such claims is the same. Your lawyer will need to take a deposition of the plaintiff. The source of asbestos exposure could be numerous, not just one employer or business. That's why asbestos cases often involve multiple defendants. Determining the Source of Exposure In order to file an asbestos claim, it is essential to determine the source of asbestos exposure. Lawyers for victims often use medical records to determine asbestos' source. This can help victims receive compensation from the companies that are responsible for asbestos exposure. Mesothelioma patients and their families need compensation to cover expensive mesothelioma treatments. Buffalo asbestos lawyers can also help families cope with the emotional burden of a mesothelioma diagnosis. Asbestos cases are a complex legal cases. Victims must be aware of their rights and the process. While attorneys can handle a lot of aspects of a case the victims are expected to be involved in their own case. This includes responding to discovery requests and attending depositions. It is also crucial to keep in mind that the statutes of limitations in New York are limited, and it is crucial to seek out an experienced asbestos attorney as soon as you can. If you don't file your claim within the prescribed timeframe, you could lose out on financial compensation. In some instances, asbestos products made by several companies have been used to expose victims. In such cases, the victims' attorneys will have to determine the source of all asbestos-containing products, as well the employers and contractors who supplied the materials. Asbestos lawsuits are the longest-running mass tort of American history. It is the cause of numerous bankruptcy filings from asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. Yet, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond, among others. Making a Database A lawsuit involving mesothelioma or other asbestos-related illnesses differs from a typical personal injury lawsuit. In many cases, asbestos litigation involves many of the same defendants (companies who are being sued) as well as many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses. To develop a successful asbestos defense, lawyers need to have access to a vast database that can pinpoint potential exposure sources. This includes looking over job sites, talking to coworkers and obtaining records from employers and suppliers. This involves finding and interviewing nurses or doctors who might be able to be able to testify about asbestos exposure. The creation of this type of database can be a challenge, especially in cases where the data was deleted or lost over time. In these cases, it may be necessary to rebuild an entire insurance program and claims database using multiple sources like loss runs, claim files, internal system and defense counsel records. It can take a long time or even decades to complete. Asbestos lawyers also need access to a program that allows them to locate potential exposure sites and to identify potential defendants. Attorneys can cut down on time and money by having this information at their fingertips. After the collapse of several asbestos producers, plaintiffs' lawyers looked for new defendants for their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and suits naming fewer than 100 defendants are not common. Identifying Defendants Most asbestos cases are based on evidence based on facts that are discovered. Asbestos companies denied for many years that their products could cause harm, but once lawsuits started, documents from the company revealed evidence of the dangers. These documents can assist plaintiffs establish that certain defendants products were responsible for their injuries. To prevail in a lawsuit, the plaintiff must demonstrate that the defendant's products were used in his workplace, that he inhaled dust from the product and that this exposure was a major factor in his injuries. Since asbestos cases contain multiple defendants, the method of identifying defendants is different than an ordinary personal injury case. The key is to build a database linking employers and their locations, as well as products. This is done by speaking with relatives and coworkers, reviewing invoices and work orders, obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's home as well as employment sites. The type of asbestos used – amosite, chrysotile or Crocidolite – could be helpful in identifying defendants because each product is manufactured by a different manufacturer. The defendants are required to thoroughly review these facts, and determine all possible sources of exposure. This could include a review of over 40 years of records from Social Security, tax, union, and other records of the worker. Due to the long latency of asbestos-related injuries, it's difficult and expensive to establish an accurate database. Due to the huge number of cases and the insufficient resources of many defendants, many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and reduce the duplication of discovery. Developing a Case Asbestos suits require a lot of investigation and the review of numerous documents. This can be a difficult job, as asbestos exposure can occur years before a person is diagnosed with a disease. To identify the sources of the exposure, attorneys must conduct interviews and go through the thousands of pages of documents like union documents, employment records, social security and tax records, and medical and laboratory reports. The lawyers representing the plaintiffs must do all they can to identify additional defendants. In certain instances, there could be as many as 40 defendants. To accomplish this, they have to examine the supply chain to look into companies that could have a nexus with asbestos, but aren't mentioned in the lawsuit. This process is lengthy, especially if the claimant has mesothelioma, or other serious illnesses. It can be difficult to find witnesses and to gather evidence. An attorney for mesothelioma will try to identify all defendants and the connection to the victim's exposure. This may include a thorough examination of the last 40 years of a victim's life. This may include interviews and a look at their social security as well as labor, union, and tax records. A successful asbestos litigation strategy requires a wealth of experience in this tangled area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a national leader in defending businesses in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel as well as representing the interests of a variety of different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience in formulating and establishing crucial defenses, expert witness testimony and jurisdictional Case Management Orders. Prepare for trial Lawyers must meticulously prepare their cases prior to trial to ensure that their clients' arguments and evidence are as strong as they can be. This involves reviewing medical records, preparing all witnesses and identifying the exhibits that will be used in the case. This process can be lengthy in cases that are complex. Before developing mesothelioma asbestos victims develop a lesser disease, such as asbestosis or pleural fibrosis or pleural plaque. Asbestosis can cause chest pain, coughing and difficulty breathing. Attorneys representing asbestos victims should also look over the evidence to identify 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, in addition to obtaining various documents. After identifying a potential defendant An attorney must determine the liability of the party. The defendants may be individuals, companies or governmental organizations. They must be held responsible for their wrongful actions. Several legislative remedies to resolve asbestos litigation have been suggested in Congress. However, these attempts 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 actions. The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our lawyers 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, President's club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at Winter and annual conventions.