our homepage is different, but the general procedure for defending against claims based on asbestos is the same. Your attorney will want to take a deposition of the plaintiff.

A person's exposure to asbestos can be triggered by multiple sources, not just a single employer or company. This is why asbestos cases typically involve multiple defendants.

Identifying the source of exposure

Recognizing asbestos exposure is a crucial step in submitting an asbestos claim. Often, the attorneys of victims can use medical documents to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to cover the cost of costly treatment. Compensation can also assist families in dealing with the emotional burden of mesothelioma diagnosis.

Asbestos lawsuits can be a complicated legal cases, and victims need to understand their rights and how the process works. Attorneys can handle a variety of aspects of a case, they are expected to be involved in the case. This includes responding to discovery requests and attending depositions.

Be aware that the statutes are limited in New York, and you must consult an asbestos attorney as soon as you can. If you don't submit your claim within the stipulated time frame you could be unable to collect on financial compensation.

In some instances, asbestos products made by multiple companies have been used to expose victims. In such cases, the lawyers representing the victims have to determine the source of all asbestos-containing products, and 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 responsible for dozens of bankruptcy filings by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. But asbestos defendants continue to challenge evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite research by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Developing the 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 that are sued), many of the same law firms representing plaintiffs, as well as many of the same expert witnesses.

To build a strong asbestos defense, lawyers need to have access to an extensive database that can pinpoint potential exposure sources. This involves reviewing job sites, interviewing co-workers and obtaining records from employers and suppliers. The process also requires finding and interviewing nurses and doctors who are able to testify about asbestos exposure.

This kind of database is difficult to build, particularly in the event that the data was lost over time. When this happens it may require the reconstruction of an entire claims database and insurance program, usually from multiple sources like loss runs and claim files, internal systems, and defense counsel records. It could take years, or years to complete.

Asbestos lawyers also need access to a software that allows them to locate potential exposure areas and identify potential defendants. Attorneys can cut down on time and money by having this information at their fingertips.

After the mass bankruptcies of asbestos producers attorneys for plaintiffs sought new defendants to list in their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trials groups in which volume is the king and suits that name less than 100 defendants is rare.

Identifying Defendants

The factual foundation of asbestos cases is usually established through discovery. Asbestos companies denied for many years that their products could cause harm, but when lawsuits began the company's documents provided evidence of the dangers. These documents can aid plaintiffs establish that certain defendants' products caused their injuries. To win a case the plaintiff must show that the defendant's product was in use at his workplace and that the worker was exposed to it inhaling dust, and that the exposure to the dust was a major cause of his injuries.

Asbestos cases often involve several defendants. The method of identifying them differs from a personal injury case. Through interviews with coworkers and family members, examining 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 create an online database that links employers, locations, and products. It is also a good way to identify defendants if you are aware of the type of asbestos like amosite or chrysotile.

The defendants must take the time to review these facts and pinpoint the possible sources of exposure, which could involve a thorough examination of more than 40 years of a worker's life through Social Security, union, tax and other records. Because the time lag for asbestos injuries is so long, the creation of an accurate database requires extensive and costly discovery.

Because of the large numbers of cases and limited resources of many defendants Many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources and prevent duplicate discovery.

The process of creating a case

Asbestos lawsuits involve extensive research and the review of a large number of documents. This can be a challenge since exposure to asbestos often was a long time before the victim became sick. To determine the sources of the exposure, attorneys need to conduct interviews and look over the thousands of pages of documents including employment records, union documents social security and tax records as well as medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to identify other defendants. In certain cases, there could be as many as 40 defendants. To do this, they have to look down the supply chain to find entities that may have a nexus with asbestos, but aren't named in the lawsuit.

This process can be very long, particularly if the claimant has mesothelioma, or other serious illnesses. In addition, it is often difficult to locate witnesses and to obtain physical evidence.

A mesothelioma lawyer will attempt to establish all potential defendants and the connection to the victim's exposure. This can involve a thorough review over the past 40 years of a victim's life. This may include interviews as well as a review of their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy requires a lot of knowledge of this complicated 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 companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many 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.

Preparing for Trial

Lawyers must meticulously prepare their cases ahead of trial so that their clients can present the strongest arguments and evidence possible. This involves reviewing medical records and prepping all witnesses. It also involves identifying the exhibits that will be used in the trial. This process can take years in cases that are complex.

Before developing mesothelioma asbestos patients develop a lesser disease, such as asbestosis or the pleural plaque or pleural fibrosis. Asbestosis symptoms include a tightening of the lungs that may cause difficulty breathing, coughing, and chest pain.

Asbestos victims' lawyers must also examine the evidence to find potential defendants that could be held responsible for the asbestos injuries. This includes speaking with family members, colleagues 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 may be individuals, corporations or governmental organizations. They are accountable for their actions.

Congress has offered a variety of legislative solutions to end asbestos lawsuits. However, these initiatives have failed due to a variety of political issues. Asbestos victims, their lawyers and the government remain determined to hold negligent asbestos firms 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, and other responsible parties accountable. In Upstate New York, asbestos litigation is handled by five judicial districts where cases are assigned to judges who are familiar with asbestos issues.

The Asbestos Litigation Group welcomes all AAJ members, including regular, life sustainer, President's Club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server, at annual and winter conventions, and in educational seminars on asbestos litigation.
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