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Asbestos Litigation Each asbestos case is unique, but the general procedure to defend against such claims is the same. Your attorney should conduct a deposition with the plaintiff. The exposure of an individual to asbestos can come from multiple sources, not just a single employer or company. This is why asbestos cases typically involve multiple defendants. Determine the source of exposure Identifying asbestos exposure is an important step in submitting an asbestos claim. Often, attorneys representing victims may use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies responsible for their asbestos exposure. Compensation is required by mesothelioma patients as well as their families to pay for the cost of expensive treatment. Compensation can also help families cope with the emotional burden of mesothelioma being diagnosed. Asbestos cases are a complex legal cases. The 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 case as well. This includes responding promptly to discovery requests and participating in court depositions. It is also crucial to keep in mind that statutes of limitations in New York are limited, and it is essential to speak with an experienced asbestos attorney as soon as possible. If you fail to file your claim within the specified time period you could be unable to collect on financial compensation. In a few instances asbestos-containing products produced by multiple companies have been used to expose victims. In these instances, victims' attorneys will have to determine the source of all asbestos-containing products as well as the employers and contractors who supplied the asbestos-containing products. Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of hundreds of bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However asbestos defendants continue to deny 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. The process of creating an Database A case involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury case. In many cases, asbestos litigation involves many of the same defendants (companies that are sued) as well as many of the same law firms representing plaintiffs and many of the same expert witnesses. In order to develop a strong defense in an asbestos-related case, attorneys must have access to a comprehensive database that can identify possible sources of exposure. This includes examining the work site, speaking with coworkers and obtaining documents from employers and suppliers. This also involves tracking down and interviewing nurses and doctors who can testify regarding asbestos exposure. Making this kind of database can be challenging particularly in situations where the data has been deleted or lost over time. In these situations it is possible to recreate the entire insurance program and claims database making use of multiple sources, including loss runs, claim files, internal system and defense counsel records. This could take a number of years or even decades to complete. Asbestos lawyers also need access to a program that allows them to locate potential exposure areas and identify potential defendants. Attorneys can cut down on time and money by having this information readily available. After the mass bankruptcies of many asbestos producers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and suits that name less than 100 defendants is not common. Identifying the defendants The majority of asbestos cases are founded by factual evidence that's later discovered. Asbestos companies denied for many years that their products could cause harm, but after lawsuits began documents from the company exposed evidence of the dangers. These documents can assist plaintiffs prove that a specific defendant products were responsible for their injuries. To win a case the plaintiff must show that the defendant's product was utilized at his workplace, that they were exposed to it inhaling dust and that the exposure to the dust was a major cause of his injuries. Because asbestos cases have multiple defendants, the method of identifying defendants is different than a typical personal injury case. Through interviews with coworkers and family members, looking over invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples taken from the plaintiff's workplace and home, it is possible to build an information database that connects employers locations, workplaces, and products. It is also a good way to identify defendants if you know the type of asbestos, like amosite or chrysotile. Defendants must carefully review these facts and identify all possible sources of exposure, which may require a review of more than 40 years of a worker's existence through Social Security, union, tax and other documents. Because of the long time lag of asbestos-related injuries, it is difficult and costly to build an accurate database. Due to the high volume of asbestos cases and the insufficient resources of defendants in federal courts, many asbestos cases will be assigned to a multi-district lawsuit (MDL). This allows defendants to share resources and prevent duplicate discovery. Case Development Asbestos lawsuits require extensive investigation and the review of numerous documents. This can be particularly challenging because exposure to asbestos typically was a long time before the victim was diagnosed with a disease. To determine the sources of exposure, lawyers must conduct interviews and go through hundreds of pages of documentation such as the employment records, union documents social security and tax records, and medical and laboratory reports. The plaintiffs' attorneys must do all they can to find other defendants. In some cases, there can be up to 40 defendants. To achieve this, they must look further down the supply chain and investigate entities with a possible nexus to asbestos, even if they haven't been named in the litigation. This process is often very time consuming, especially when the claimant suffers from mesothelioma and other severe diseases. It is also difficult to find witnesses and gather physical evidence. A mesothelioma lawyer will determine the potential defendants and their connection to victim's exposure. This can require a thorough review of more than 40 years of the victim's life through interviews as well as a review of their social security, union, labor and tax records. A successful asbestos litigation strategy requires a wealth of experience in this complex area of law. At McGivney, Kluger, Clark & Intoccia, we have been at the forefront of asbestos litigation since our inception at the beginning of 1994. Lowell asbestos attorneys are also nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We act as 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 extensive experience in formulating and establishing crucial defenses, expert witness testimony and jurisdictional Case Management Orders. Preparing for trial Lawyers must carefully prepare their cases prior to trial 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 evidence to be used in the trial. This process can take years in complex cases. Before developing mesothelioma asbestos sufferers develop a less severe disease such as asbestosis, pleural fibrosis or pleural plaque. Asbestosis symptoms include a tightening of the lungs that may cause difficulty breathing, coughing and chest pain. Attorneys for asbestos victims must also examine the evidence in order to identify potential defendants that could be held accountable for the asbestos injuries. This includes interviewing coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, as well as obtaining various documents. After identifying a potential defendant, an attorney must determine the responsibility of this party. The defendants could be individuals, corporations or government agencies. They are held accountable for their wrongful actions. Many legislative solutions to solve asbestos litigation have been formulated in Congress. The efforts have not been effective due to a myriad of complicated political factors. Asbestos victims and their lawyers are still determined to hold negligent asbestos companies accountable for their actions. Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. Our attorneys have held asbestos producers, insurance companies, and other responsible parties accountable. In Upstate New York asbestos litigation is centralized into five judicial districts, where cases are supervised by judges who have experience in asbestos matters. 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 Winter and annual conventions.