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Asbestos Litigation Every asbestos case is different however, the general procedure for defending against such claims is the same. Your attorney should take a deposition of the plaintiff. The cause of asbestos exposure could be numerous, not only one employer or business. This is why asbestos cases usually involve multiple defendants. Find out the source of exposure To submit an asbestos claim it is important to identify asbestos exposure. Often, attorneys representing victims may use medical documents to determine the source 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 assist families in dealing with emotional stress when a mesothelioma diagnosis is announced. Asbestos cases can be a complicated legal issues. Victims need to know their rights and procedures. While attorneys can handle a lot of aspects of a case, victims are expected to participate in their case as well. This includes responding promptly to discovery requests and participating in court depositions. It is also important to keep in mind that statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos attorney as soon as you can. If you don't submit your claim within the specified timeframe you could be denied on financial compensation. In certain instances, victims have been exposed to asbestos-containing products made by several companies. In these cases, victims' attorneys will need to identify all the asbestos-containing products, as well 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 numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to 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 the Database A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury case. In many cases asbestos litigation, there are a lot of the same defendants (companies who are being sued), many of the same law firms that represent plaintiffs and many of the same expert witnesses. To build a strong asbestos defense, lawyers need to have access to a vast database that can pinpoint potential exposure sources. This includes reviewing the job site, talking to coworkers, and obtaining documents from employers and suppliers. The process also involves tracking down and interviewing doctors and nurses who can testify about asbestos exposure. This kind of database is difficult to build, particularly if the data has been lost over time. If this happens it may necessitate the reconstruction of a complete claims database and insurance program, often from multiple sources like loss runs claims files, internal systems, and defense counsel records. It can take years, or even decades, to complete. Asbestos lawyers must also access to a program that allows them to identify potential defendants and potential exposure sites. Having this information at the fingertips of attorneys can save time and money. After the collapse of several asbestos producers, plaintiffs' attorneys looked for new defendants for their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and lawsuits that name less than 100 defendants are not common. Identifying the Defendants Often, asbestos cases are founded on factual evidence that is discovered. Asbestos companies have denied for a number of years that their products could cause harm, but when the lawsuits began documents from the company provided evidence of the dangers. These documents can be used to prove that particular defendants products caused injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was in use at the workplace, that the worker was exposed to it inhaling dust, and that the exposure was a significant factor in his injuries. Asbestos cases usually involve several defendants. The process of identifying them differs from a personal injury case. By interviewing family and coworkers members, reviewing invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples from the plaintiff's work place and home, it is possible to build an online database that links employers locations, workplaces, and products. The type of asbestos used – amosite, chrysotile or crocidolite – can also be helpful in identifying defendants because each product is produced by the same manufacturer. Defendants must carefully look over these facts and identify all possible exposure sources. This could include a thorough review of more than 40 years of records from Social Security, tax, union and other records of a worker. Because of the long time lag of asbestos-related injuries, it can be difficult and expensive to establish an accurate database. Due to the large number of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This allows defendants to share their resources and reduce the duplication of discovery. Making a Case Asbestos suits require a lot of research and the examination of many documents. This can be a difficult task because asbestos exposure can occur years before a person is diagnosed with a disease. In Murrieta asbestos attorneys to identify the source of exposure, attorneys need to conduct interviews and go through thousands of pages of documentation including the employment records, union documents tax and social security files, and medical and laboratory reports. The lawyers representing the plaintiffs must also do everything they can to locate other defendants. In many cases, the number of defendants can be as high as 30 or 40. To achieve this, they need to examine the supply chain to find companies that could have a connection with asbestos, but are not included in the lawsuit. This process can be extremely time consuming, especially when the claimant suffers from mesothelioma, or other serious diseases. It is also difficult to find witnesses and collect physical evidence. A mesothelioma lawyer will establish all potential defendants, and their connection to the victim's exposure. This could involve a thorough review over the past 40 years of the victim's life, including interviews and a review their social security and union, as well as tax records. A successful asbestos litigation strategy is dependent on extensive experience in a complex area of law. Since its inception in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending businesses in multi-jurisdictional, global litigation. We are the National Coordinating Counsel, and liaison counsel. We represent and represent the interests of a wide variety of defendants, including distributors, manufacturers, and contractors. We have a wealth of experience formulating and drafting important defenses including expert testimony, jurisdictional Case Management Orders. Preparing for Trial Lawyers must meticulously prepare their cases prior to trial to ensure that their clients' arguments and evidence are as strong as they could be. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the case. This process can take several years in the case of complex cases. Many asbestos sufferers are diagnosed with a less serious disease such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's development. Asbestosis can cause coughing, chest pain, and breathing problems. Asbestos victims' lawyers must also carefully review the evidence to determine any potential defendants that could be held liable for asbestos-related injuries. This involves interviewing co-workers and family members, asbestos asbestos manufacturers, asbestos abatement workers and obtaining various documents. Once a defendant is identified as a possible defendant An attorney must determine the legal liability of the party. The defendants may be individuals, corporations or governmental agencies. They are held accountable for their negligent acts. Congress has enacted a number of legislative solutions to settle asbestos lawsuits. However, these attempts have failed due to a number of political issues. Asbestos victims as well as their lawyers and the government are committed to holding negligent asbestos firms accountable for their conduct. Waters Kraus & Paul is a law firm that has handled hundreds of cases in New York State and across the country. Our lawyers have held asbestos producers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges familiar with asbestos-related issues. The Asbestos Litigation Group is open to AAJ Regular, Life, Sustaining and President's Club members. Members meet and discuss legal issues and strategies on the Group's plaintiff-only list server during the annual and winter conventions, and in educational seminars on asbestos litigation.