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Asbestos Litigation Each asbestos case is unique however the general procedure to defend against claims based on asbestos is the same. Your attorney should take a deposition of the plaintiff. The source of asbestos exposure can be numerous, not just one employer or business. That's why asbestos cases often involve multiple defendants. Determining the Source of Exposure Recognizing asbestos exposure is a crucial step to file an asbestos claim. Often, attorneys representing victims may use medical records to determine the cause of asbestos. This could help victims receive compensation from the companies that are responsible for asbestos exposure. Mesothelioma sufferers and their families are entitled to compensation to pay for mesothelioma treatment. Compensation can help families cope emotionally with the mesothelioma diagnosis. Asbestos lawsuits are complicated legal proceedings, and the victims need to know their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case, victims are expected to participate in the case too. This includes responding to requests for discovery and attending depositions. It is also important to keep in mind that the statutes of limitations in New York are limited, and it is crucial to consult an experienced asbestos lawyer whenever you can. If you do not submit your claim within the stipulated timeframe you could be denied on financial compensation. In some instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, lawyers representing the victims be required to identify all asbestos-containing products, as well the employers and contractors who supplied the asbestos-containing products. Asbestos lawsuits are the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings from asbestos producers. Many of these companies set up trust funds for asbestos victims. However asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma and lung cancer. This is despite research by doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others. Developing a Database A case involving asbestos-related diseases or mesothelioma differs from a typical personal injury lawsuit. In many asbestos litigation cases, plaintiffs are represented by the same law firms and same expert witnesses. To be able to build a successful asbestos defense, lawyers have to have access to an extensive database that can pinpoint potential exposure sources. This includes reviewing the job site, talking to coworkers and getting documents from suppliers and employers. This involves finding and interviewing nurses or doctors who may be able testify regarding asbestos exposure. Developing this type of database can be challenging, especially in cases where the data has been deleted or lost over time. In these situations, it may be necessary to reconstruct a complete insurance program and claims database, using multiple sources, such as loss runs and claim files internal system and defense counsel records. This could take a number of years or even years to complete. Asbestos lawyers must also access to a software that allows them to identify potential defendants and locate potential exposure sites. Lawyers can save time and money by having this information available to them. Following the massive bankruptcies of many asbestos manufacturers 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 in which volume is the king and suits that name less than 100 defendants is rare. Identifying defendants The truthful basis of asbestos cases is usually established through discovery. Asbestos firms have denied for many years that their products could cause harm, but once lawsuits began, documents from the company provided evidence of the dangers. These documents can help plaintiffs prove that specific defendants products were responsible for their injuries. To prevail in a lawsuit, a plaintiff has to prove that the defendant's product were used at his work place, that he breathed in dust from the product, and that this exposure was a major reason for his injuries. Because asbestos cases have multiple defendants, the method of identifying defendants is different from an ordinary personal injury case. Through interviews with coworkers and family members, examining invoices and work orders, obtaining documents from vendors and suppliers, and analyzing asbestos samples taken from the plaintiff's workplace and home, it is possible to establish a database that links employers, locations, and products. The type of asbestos used such as amosite, chrysotile or crocidolite – can also be useful in identifying defendants since each product is manufactured by a different manufacturer. Defendants must carefully review these facts, and determine the possible sources of exposure. This can include a thorough review of more than 40 years of records from the Social Security, tax, union, and other documents of a worker. Because Tyler asbestos lawyers between asbestos-related injuries is long, creating an accurate database is a lengthy and costly investigation. Due to the huge number of asbestos cases and limited resources of many defendants in federal courts, a lot of asbestos cases will be assigned to a multi-district lawsuit (MDL). This practice allows defendants to share resources, and avoid duplication of discovery. Developing a Case Asbestos suits require a lot of research and the examination of numerous documents. This can be particularly difficult because exposure to asbestos typically occurred years before a victim became sick. To pinpoint the source of the asbestos exposure, lawyers must conduct interviews and review thousands pages of documentation like employment records and union documents tax files, social security files and medical and laboratory reports. The attorneys representing the plaintiffs must do all they can to find other defendants. In certain instances, there could be up to 40 defendants. To accomplish this, they have to look down the supply chain to look into companies that might have a connection with asbestos, but aren't named in the lawsuit. This process is lengthy, especially when the plaintiff suffers from mesothelioma or any other serious illness. It can be difficult to find witnesses and to gather evidence. A mesothelioma attorney will work to establish all potential defendants and the connection to the victim's exposure. This may 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, and tax records. A successful asbestos litigation strategy requires a wealth of experience in this tangled area of law. Since our founding back in 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront of asbestos litigation and is a national leader in defending companies in multi-jurisdictional, global litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a broad variety of defendants, including product manufacturers, distributors, and contractors. We have extensive expertise in developing and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders. Preparing for the Trial Lawyers need to carefully prepare their cases before trial so that their clients can present the strongest evidence and arguments possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying evidence to be used in the case. The 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 symptoms include tightening of the lungs which can cause breathing difficulties, coughing and chest pain. Asbestos victims' lawyers must also scrutinize the evidence to find potential defendants that could be held liable for asbestos-related injuries. This involves interviewing co-workers or family members, abatement workers, asbestos manufacturers and obtaining a variety. Once an attorney has identified a potential defendant, they need to determine the liability of that person. The defendants may be individuals, companies or government agencies. They must be held accountable for their negligent actions. Congress has offered a variety of legislative solutions to settle asbestos lawsuits. These efforts have not been successful due to a range of complex political factors. 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 in New York state and across the nation. Our lawyers have held asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate New York asbestos litigation is divided into five judicial districts where cases are assigned by judges who have expertise in asbestos-related matters. The Asbestos Litigation Group welcomes all AAJ members including life, regular, sustainer, and President's Club members. Members of the Asbestos Litigation Group network and discuss legal issues strategies, as well as at Winter and annual conventions.