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Asbestos Litigation Every asbestos case is different, but the general procedure for defending against claims based on asbestos is the same. Your attorney will want you to conduct a deposition of the plaintiff. The exposure of an individual to asbestos can be triggered by many places, not just a single employer or company. 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, victims' attorneys can work with medical records to determine the cause of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure. Mesothelioma victims and their families need compensation to pay for mesothelioma-related treatment. Compensation can help families cope when a mesothelioma diagnosis is announced. Asbestos lawsuits can be a complicated legal cases, and victims need to know their rights and how the process works. While attorneys can handle many aspects of a case the plaintiffs are expected to take part in their case as well. This includes responding quickly to discovery requests and participating in depositions in court. It is also important to keep in mind that the statutes of limitations in New York are limited, and it is important to consult an experienced asbestos attorney as soon as you can. If you don't file your claim within the stipulated time period you could be denied on financial compensation. In some cases victims have been exposed to asbestos-containing products made by multiple companies. In such cases, the lawyers representing the victims will be required to identify all asbestos-containing products, and the contractors and employers who supplied the asbestos-containing products. Asbestos lawsuits are the longest-running mass tort in American history. It's responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have established trust funds to pay compensation to asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite the findings of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg. Developing a Database A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury case. In a lot of asbestos litigation cases, plaintiffs are represented by the same law firms and the same expert witnesses. To build a strong asbestos defense, lawyers need to have access to a vast database that will help them identify potential exposure sources. This includes looking over job sites, interviewing co-workers and obtaining information from suppliers and employers. This process involves locating and interviewing doctors or nurses who may be able be able to testify about asbestos exposure. This kind of database is difficult to build, particularly when the data has been lost over time. If this happens it could necessitate the reconstruction of a complete claims database and insurance program, typically from multiple sources like loss runs and claim files, internal systems and defense counsel records. This can take years, or years to complete. Asbestos lawyers must also have access to a program that allows them locate potential exposure areas and identify potential defendants. The information that is available to attorneys can save time and money. Following the bankruptcy of a number of asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trials where the number of defendants is paramount, and lawsuits that name less than 100 defendants are a rarity. Identifying defendants Often, asbestos cases are founded by factual evidence that's later discovered. Asbestos companies have denied for a number of years that their products could cause harm, but when lawsuits started the company's documents provided evidence of the dangers. These documents can help plaintiffs prove that specific defendants' products caused their injuries. In order to win a lawsuit a plaintiff has to prove that the defendant's products were used in the workplace, that he inhaled dust from the product and that the exposure was a major factor in his injuries. Asbestos cases often involve several defendants. The process of identifying them is different from a personal injury lawsuit. By interviewing family and coworkers members, examining invoices and work orders, obtaining documents from suppliers and vendors and analyzing asbestos samples collected from the plaintiff's work place and home it is possible to build a database that links employers as well as locations and products. The type of asbestos used – amosite, chrysotile or Crocidolite – could be helpful in identifying defendants because each product is produced by an individual manufacturer. The defendants must be attentive to these facts and identify any potential sources of exposure. This can involve a review of more than forty years of a worker's life through Social Security, union, tax and other records. Due to the long latency of asbestos-related injuries, it can be difficult and costly to create an accurate database. Due to the large number of asbestos cases and insufficient resources of defendants in federal courts, many asbestos cases will be referred to a multidistrict lawsuit (MDL). This practice allows defendants to share resources, and avoid duplication of discovery. Making a Case Asbestos suits require extensive study and examination of a variety of documents. This can be particularly difficult because asbestos exposure often occurred years before a victim developed a health issue. To identify the source of exposure, attorneys must conduct interviews and carefully look over the thousands of pages of documents including employment records, union documents as well as tax and social security files as well as medical and laboratory reports. The lawyers representing the plaintiffs must do all they can to identify other defendants. In some cases, there can be as high as 40 defendants. To accomplish this they must go further down the supply chain and investigate entities with a possible nexus to asbestos that have not been named in the litigation. This process is often very long and time-consuming, particularly when the claimant suffers from mesothelioma, or other serious illnesses. In addition, it can be often difficult to find witnesses and get physical evidence. A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their connection to the victim's exposure. This could require a thorough review 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 depends on a wealth of experience in a tangled area of law. Since our founding in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a leading firm in the country in defending companies in multi-jurisdictional litigation that spans the entire industry. We are the National Coordinating Counsel and liaison counsel in representing and coordinating the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have extensive experience creating and implementing important defenses such as expert testimony and jurisdictional Case Management Orders. Prepare for Trial Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are as strong as they could 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 be years long in complex cases. Before developing mesothelioma asbestos sufferers develop a less severe disease like asbestosis, and pleural plaque. Asbestosis can cause chest pain, coughing and breathing problems. Asbestos victims' attorneys must also carefully review the evidence to determine any possible defendants who could be held responsible for the asbestos injuries. This includes speaking with coworkers, family asbestos abatement workers, asbestos abatement experts and asbestos manufacturers, as well as getting various documents. Once a defendant is identified as a possible defendant, an attorney must determine the liability of the defendant. The defendants can be businesses, individuals or government agencies. They are held accountable for their wrongful actions. Peoria asbestos lawyers has enacted a number of legislative solutions to end asbestos lawsuits. However, these efforts have failed due to a variety of political issues. Asbestos victims and their lawyers are committed to holding negligent asbestos companies accountable for their actions. The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the country. Our attorneys have held asbestos manufacturers insurance companies, asbestos manufacturers, and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in five judicial districts, where cases are assigned to judges that are experienced with asbestos-related issues. 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.