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Asbestos Litigation Each asbestos case is different however the process for defending such claims is the same. Your lawyer will ask you to take depositions of the plaintiff. A person's exposure to asbestos can be triggered by multiple sources, not just an employer or a company. This is the reason asbestos cases typically involve multiple defendants. Determine the source of exposure Identifying asbestos exposure is a crucial step in filing an asbestos claim. Attorneys for victims can often make use of medical records to determine asbestos' source. This can help victims get compensation from companies accountable for asbestos exposure. Mesothelioma patients and their families are entitled to compensation to cover the cost of mesothelioma treatment. Compensation can help families cope emotionally when a mesothelioma diagnosis is announced. Asbestos lawsuits are complicated legal cases, and victims must be aware of their rights and how the process works. While attorneys can handle a lot of aspects of a case victims are expected to participate in their own case. This includes responding to requests for discovery and attending depositions. It is also crucial to remember that the statutes of limitations in New York are limited, and it is crucial to speak with an experienced asbestos attorney as soon as you can. Failure to file a claim within the appropriate timeframe could result in a denial on financial compensation. In a few instances, asbestos products made by several companies have been used to expose victims. In these cases, victims' attorneys may need to identify the companies that made each product, as well as the employers or contractors who supplied asbestos-containing materials. Asbestos litigation is the longest-running mass tort in American history. It has been the cause of numerous bankruptcy filings filed by asbestos producers. Many of these companies have created trust funds to pay compensation to asbestos victims. But asbestos defendants continue to dispute evidence linking mesothelioma and asbestos exposure lung cancer, or other respiratory illnesses. This is despite research conducted by doctors such as Dr. Irving J. Greenville asbestos lawyer . Jacob Churg, and Dr. E. Cuyler Hammond among others. Developing a Database A lawsuit involving mesothelioma or other asbestos-related illnesses differs from a typical personal injury lawsuit. In many cases, asbestos litigation involves many of the same defendants (companies that are sued) and many of the same law firms that represent plaintiffs, and a lot of the same expert witnesses. To build a strong asbestos defense, attorneys need to have access to a vast database that will help them identify potential exposure sources. This involves reviewing job sites, talking to coworkers 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 create, particularly in the event that the data was lost over time. If this happens, it can necessitate the reconstruction of a complete claims database as well as an insurance program, typically from multiple sources such as loss runs and claim files, internal systems and defense counsel records. It could take years, or years to complete. Asbestos lawyers should also have access to a software that allows them locate potential exposure sites and identify potential defendants. The information that is at the fingertips of lawyers can help save time and money. Following the massive bankruptcy of many asbestos manufacturers the plaintiffs' lawyers were seeking new defendants to list in their lawsuits. In the end asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups where the volume is paramount and suits that name fewer than 100 defendants are rare. Identifying the Defendants Most asbestos cases are founded on evidence based on facts that are discovered. Asbestos companies denied for many years that their products could cause harm, but once lawsuits started, documents from the company exposed evidence of the dangers. These documents can be used to prove that particular products of the defendant caused injuries. In order to win a lawsuit the plaintiff must demonstrate that the defendant's products were used at his workplace, and that he inhaled dust from the product, and that this exposure was a major cause of his injuries. Asbestos cases often involve multiple defendants. The process of identifying them is different from a personal injury case. The key is to develop a database linking employers, locations and products through interviews with co-workers and relatives looking over invoices and work orders, 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 one knows the kind of asbestos, such as amosite or chrysotile. Defendants must carefully review these facts and pinpoint any potential sources of exposure. This may require a examination of more than 40 years of a person's life through Social Security, union, tax and other records. Because the latency of asbestos-related injuries is so long, establishing an accurate database requires extensive and costly investigation. Due to the sheer number of cases and the limited resources of defendants Many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share resources and prevent duplicate discovery. The process of creating a case Asbestos lawsuits require a lot of research and the review of a large number of documents. This can be a challenge because exposure to asbestos typically was a long time before the victim was diagnosed with a disease. To identify the source of exposure, attorneys must conduct interviews and carefully look over the thousands of pages of documents including the employment records, union documents social security and tax records, and medical and laboratory reports. The lawyers representing the plaintiffs must do all they can to locate other defendants. In some cases, there can be as many as 40 defendants. To accomplish this they need to look further down the supply chain and research companies that may have a connection to asbestos, but have not been identified in the lawsuit. This process can be extremely time-consuming, especially when the claimant suffers from mesothelioma or any other serious illness. In addition, it is often difficult to find witnesses and obtain physical evidence. A mesothelioma attorney will work to identify all defendants and the connection to the victim's exposure. This can require a thorough review of more than 40 years of the victim's life via interviews, as well as a look at their social security, union, and tax records. A successful asbestos litigation strategy requires a wealth of experience in this tangled area of law. At McGivney, Kluger, Clark & Intoccia we have been at the forefront of asbestos litigation since our founding in 1994 and are experts in the nation's defense of businesses involved in industry-wide multi-jurisdictional 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 experience in creating and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders. Preparing for trial Lawyers need to carefully prepare their cases prior to trial so that their clients are able to present the strongest evidence and arguments possible. This involves reviewing medical records and making sure that all witnesses are prepared. It also involves identifying the exhibits that will be used at the trial. This can take a lot of time in cases that are complex. Before developing mesothelioma, many asbestos sufferers develop a less severe disease like asbestosis, pleural fibrosis or pleural plaque. Asbestosis symptoms include a tightening of the lungs which could cause breathing problems, coughing and chest pain. Asbestos victims' lawyers must also carefully review the evidence to find potential defendants that could be held liable for the asbestos-related injuries. This includes interviewing coworkers, family members, asbestos manufacturers, asbestos abatement employees and obtaining various documents. Once a lawyer has identified a possible defendant, they need to determine the liability of the person. The defendants can be individuals, businesses or government agencies. They must be held accountable for their actions. Several legislative remedies to resolve asbestos litigation have been formulated in Congress. The efforts have not been effective due to a myriad of complicated political factors. Asbestos victims and their lawyers remain committed to holding negligent asbestos companies accountable for their conduct. The law firm of Waters Kraus & Paul has handled hundreds of cases throughout New York state and across the nation. Our attorneys have held asbestos manufacturers as well as insurance companies and other responsible parties accountable. In Upstate New York, asbestos litigation is concentrated in 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 of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.