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Asbestos Litigation Each asbestos case is different however, the general procedure for defending such claims is the same. Your lawyer will require you to conduct depositions of the plaintiff. The exposure of a person to asbestos can come from numerous sources, not only one employer or company. This is the reason asbestos cases usually involve multiple defendants. Find out the source of exposure In order to submit an asbestos claim it is crucial to pinpoint asbestos exposure. Attorneys for victims can often make use of medical records to determine the source of asbestos. This could help victims receive compensation from companies accountable for asbestos exposure. Compensation is needed by mesothelioma patients and their families to pay for the expense of expensive treatment. Compensation can help families cope with a mesothelioma diagnoses. Asbestos cases are complex legal cases. The victims must be aware of their rights and the process. Attorneys are able to handle a variety of aspects of a case they are expected to participate in the case. This includes responding promptly to discovery requests and participating in court depositions. Be aware that the statutes are limited in New York, and you must consult an asbestos attorney immediately if you are able to. Failure to file an asbestos claim within the required timeframe could result in a denial on financial compensation. In a few instances, asbestos products made by multiple companies have been used to expose victims. In these cases, the victims lawyers might need to identify the manufacturer of each product, in addition to the employers or contractors who supplied asbestos-containing materials. Asbestos lawsuits are the longest-running mass tort of American history. It has been responsible for dozens bankruptcy filings from asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. However, asbestos defendants continue to dispute evidence that links mesothelioma and asbestos exposure lung cancer or other respiratory diseases. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg. The process of creating a Database A lawsuit involving asbestos-related illnesses or mesothelioma is distinct from a typical personal injury claim. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms as well as the same expert witnesses. In order to develop a successful defense in an asbestos case attorneys need access to a database that can pinpoint possible sources of exposure. This involves reviewing the job site, interviewing coworkers, and obtaining documents from employers and suppliers. This involves locating and interviewing doctors or nurses who may be able to testify regarding asbestos exposure. This kind of database can be difficult to build, particularly if the data has been lost over time. When this happens it could require the reconstruction of a complete claims database and insurance program, often from multiple sources like loss runs, claim files, internal systems, and defense counsel records. Santa Maria asbestos attorneys could take years, or even decades to complete. Asbestos lawyers must also have access to a software that allows them locate potential exposure sites and to identify potential defendants. Attorneys can save time and money by having this information available to them. After the collapse of several asbestos producers, plaintiffs' attorneys sought out new defendants for their lawsuits. In the wake 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 a rarity. Identifying the Defendants The truthful basis of asbestos lawsuits is often established through discovery. Many asbestos companies have denied for years that their products could harm people, but after the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can help plaintiffs prove that a specific defendant products were responsible for their injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was used at his workplace, that the worker was exposed to it inhaling dust, and that the exposure was a significant factor in his injuries. Since asbestos cases involve multiple defendants, the process of identifying defendants is different from the typical personal injury case. The key is to develop an information database that links employers, locations and products through interviews with co-workers and relatives looking over invoices and work orders and obtaining documents from suppliers and vendors and analyzing samples from the plaintiff's home and employment websites. It can also help to identify defendants if you are aware of the kind of asbestos, such as amosite or chrysotile. Defendants must carefully review these facts, and determine the possible exposure sources. This can include a look at more than 40 years of records from Social Security, tax, union and other records of workers. Because the time lag for asbestos injuries is so long, the creation of an accurate database is a lengthy and costly discovery. Due to the sheer 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 reduce the duplication of discovery. Case Development Asbestos suits require extensive research and the examination of many documents. This can be a particularly difficult job, as asbestos exposure is often a long time before a person is diagnosed with a disease. To identify the source of asbestos exposure, lawyers must conduct interview and carefully examine thousands of documents including employment records and union documents, tax files and social security records, medical and lab reports. The attorneys representing the plaintiffs must do all they can to locate other defendants. In many cases, the number of defendants could be as high as 30 or 40. To achieve this, they need to look down the supply chain to look into entities that may have a connection with asbestos, but aren't included in the lawsuit. This process is time-consuming, especially when the plaintiff suffers from mesothelioma or any other serious illness. It is also difficult to locate witnesses and collect physical evidence. An attorney for mesothelioma will try to establish all potential defendants and the connection to the victim's exposure. This may be a thorough analysis of the last 40 years of the victim's life, which may include interviews as well as a review of their social security and union, as well as tax records. A successful asbestos litigation strategy requires extensive experience in this tangled legal field. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our inception in 1994 and are nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide array of defendants, which includes distributors, manufacturers and contractors. We have a wealth of experience establishing and developing key defenses such as expert testimony and jurisdictional Case Management Orders. Prepare for trial Lawyers must carefully prepare their cases prior to trial to ensure that their clients' arguments and evidence are the strongest they can be. This includes reviewing medical records, preparing all witnesses and identifying exhibits to be used in the case. This process can take a long time in cases that are complex. Many asbestos sufferers are diagnosed with a less serious disease like asbestosis, fibrous or pleural plaques prior to the development of mesothelioma. Asbestosis can cause chest pain, coughing, and difficulty breathing. Asbestos victims' lawyers must also examine the evidence to find potential defendants who could be held accountable for the asbestos injuries. This involves interviewing co-workers or family members, abatement workers, asbestos manufacturers and obtaining a variety of documents. Once a defendant is identified as a possible defendant, an attorney must determine the legal liability of the party. The defendants can be individuals, businesses or government agencies. They are accountable for their negligent actions. Congress has enacted a number of legislative remedies to resolve asbestos lawsuits. However, these attempts have not been successful due to a number of political issues. Asbestos victims and their lawyers remain 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 nation. Our lawyers have held asbestos manufacturers, insurance companies, and other responsible parties accountable. In Upstate New York, asbestos litigation is centralized in five judicial districts in which cases are assigned to judges who are familiar 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, as well as at Winter and annual conventions.