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Asbestos Litigation Each asbestos case is unique however, the general procedure to defend these claims is the same. Your attorney will want you to take an interview with the plaintiff. The exposure of an individual to asbestos can come from multiple sources, not just a single employer or company. This is the reason asbestos cases typically involve multiple defendants. Determining the Source of Exposure Identifying asbestos exposure is an important step to file an asbestos claim. Often, the attorneys of victims can work with medical documents to determine the source of asbestos. This can assist victims in receiving compensation from the companies that are responsible for asbestos exposure. Mesothelioma patients and their families need compensation to cover expensive mesothelioma treatment. Compensation can assist families in dealing with emotional stress with a mesothelioma diagnoses. Asbestos lawsuits are complicated legal proceedings, and the victims need to know their rights and the way in which the process operates. While attorneys can handle a variety of aspects of a case they are expected to be involved in the proceedings. 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 important to consult an experienced asbestos attorney as soon as you can. In the event of not filing an asbestos claim within the required time frame could result in a denial on financial compensation. In a few instances asbestos-containing products produced by multiple companies have been used to expose victims. In such cases, the victims' attorneys will need to identify all the asbestos-containing products, and the companies and contractors that supplied the asbestos-containing products. Asbestos lawsuits are the longest-running mass tort of American history. It is responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue denying the evidence linking asbestos exposure to mesothelioma and lung cancer. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg. Developing a Database A lawsuit involving asbestos-related illnesses or mesothelioma is different than a typical personal injury claim. In many cases, asbestos litigation involves many of the same defendants (companies that are being sued) and many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses. To be able to build a successful asbestos defense, attorneys need to have access to an extensive database that can identify possible exposure sources. This includes looking over job sites, talking to coworkers and obtaining records from employers and suppliers. This process involves locating and interviewing doctors or nurses who may be able to provide evidence regarding asbestos exposure. Yuma asbestos lawyers of database is difficult to create, particularly if the data has been lost over time. When this happens, it can necessitate the reconstruction of a complete claims database and insurance program, usually from a variety of sources, including loss runs, claim files, internal systems, and defense counsel records. It could take years, or even decades to complete. Asbestos attorneys should also access to a software that allows them to identify potential defendants and locate potential exposure sites. Attorneys can cut down on time and money by having this information readily available. After the bankruptcy of many asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. As a result of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is king and suits that name less than 100 defendants is not common. Identifying the defendants Often, asbestos cases are founded on evidence based on facts that are discovered. Asbestos firms have denied for many years that their products could cause harm, but after lawsuits started, documents from the company exposed evidence of the dangers. These documents can be used to prove that particular products of the defendants caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was in use at the workplace and that they were exposed to it by inhaling dust, and that the exposure was a significant reason for his injuries. Since asbestos cases have multiple defendants, the process of identifying defendants is different than a typical 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 workplace as well as home it is possible to create a database that links employers as well as locations and products. It is also possible to identify defendants if you are aware of the type of asbestos, such as amosite or chrysotile. The defendants must be attentive to these facts and pinpoint any potential sources of exposure, which can involve a examination of more than 40 years of a person's life through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it is difficult and costly to create an accurate database. Due to the huge number of cases and the limited resources of many defendants, many asbestos cases are transferred to multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and avoid duplication of discovery. Developing a Case Asbestos lawsuits require a lot of research and the review of a large number of documents. This can be particularly difficult because exposure to asbestos typically occurred years before a victim became sick. To pinpoint the source of asbestos exposure, lawyers must conduct interviews and examine thousands of documents, such as employment records and union documents as well as tax files, social security files and medical and laboratory reports. The plaintiffs' attorneys must also do everything they can to locate other defendants. In many instances, the number of defendants could be as high as 30 or 40. To achieve this they must go further down the supply chain and investigate companies that may have a connection to asbestos, even if they haven't been named in the lawsuit. This process can be extremely long and time-consuming, particularly when a claimant is suffering from mesothelioma or other serious illnesses. Additionally, it is often difficult to locate witnesses and to obtain physical evidence. A mesothelioma lawyer will determine all potential defendants, and their connection to victim's exposure. This could be accomplished by a thorough analysis of more than 40 years of the victim's life via interviews and a review of their social security, union, labor and tax records. A successful asbestos litigation strategy is dependent on extensive experience in a complicated area of law. Since its inception at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leader in the nation in the defense of companies in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel and liaison counsel, representing and coordinating the interests of many different defendants, including product manufacturers, suppliers, distributors and contractors. We have a wealth of experience formulating and establishing crucial defenses as well as expert witness testimony and jurisdictional Case Management Orders. Prepare for the trial Lawyers must carefully prepare their cases for trial to ensure that their clients' arguments and evidence 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 case. This process can take lengthy in cases that are complex. Before developing mesothelioma, many asbestos patients develop a lesser disease such as asbestosis, and pleural plaque. Asbestosis can cause chest pain, coughing and breathing problems. Lawyers for asbestos victims must also review the evidence to determine potential defendants that might be accountable for the asbestos injuries. This involves interviewing co-workers and family members, asbestos abatement workers, asbestos manufacturers and obtaining a variety. After a lawyer has identified a possible defendant, they must determine the liability of the party. The defendants could be individuals, corporations or government agencies. They are accountable for their wrongful actions. Several legislative remedies to resolve asbestos litigation have been suggested in Congress. These efforts have not been successful due to a range of complex political factors. Asbestos victims and their lawyers remain committed to holding negligent asbestos companies accountable for their conduct. Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the country. Our attorneys have held insurance companies and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York asbestos litigation is divided into five judicial districts where cases are assigned by judges who have experience in asbestos 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, and at winter and annual conventions.