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Asbestos Litigation Each asbestos case is different however, the general procedure to defend these claims is similar. Your lawyer will need to conduct a deposition with the plaintiff. The exposure of an individual to asbestos can come from numerous sources, not only a single employer or company. This is the reason asbestos cases usually involve multiple defendants. Find out the source of exposure In order to make an asbestos claim, it is crucial to pinpoint asbestos exposure. Often, the attorneys of victims can use medical records to determine the cause of asbestos. This can help victims receive compensation from the companies liable for their asbestos exposure. Mesothelioma sufferers and their families need compensation to pay for mesothelioma treatments. Compensation can assist families in dealing with emotional stress when a mesothelioma diagnosis is announced. Asbestos lawsuits are complex legal cases, and victims need to understand their rights and how the process works. While Waukegan asbestos lawyers are able to handle many aspects of a case they are expected to participate in the case. This includes responding to discovery requests and attending depositions. Remember that the statutes of limitations are restricted in New York, and you should seek advice from an asbestos lawyer as soon a possible. Failure to file an asbestos claim within the required time frame could result in missing out on financial compensation. In some instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, the victims' attorneys may need to identify the manufacturer of each product, in addition to the employers or contractors who provided the asbestos-containing materials. Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of dozens of bankruptcy filings by asbestos manufacturers. Many of these companies set up trust funds for asbestos victims. Despite this, asbestos defendants continue denying 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. Making an Database A lawsuit involving mesothelioma or other asbestos-related illnesses differs from a typical personal injury lawsuit. In many cases asbestos litigation, there are a lot of the same defendants (companies that are sued) and many of the same law firms representing plaintiffs, and a lot of the same expert witnesses. To build a strong asbestos defense, attorneys need to be able to access a large database that can pinpoint potential exposure sources. This includes examining the work site, speaking with coworkers and obtaining documents from employers and suppliers. The process also involves the search for and interviewing nurses and doctors who are able to testify about asbestos exposure. Making this kind of database can be challenging, especially in cases where the data was lost or destroyed over time. When this happens it could necessitate the reconstruction of an entire claims database and insurance program, typically from a variety of sources, including loss runs, claim files, internal systems and defense counsel records. It can take years, or even years to complete. Asbestos lawyers also need access to a software that allows them to locate potential exposure sites and identify potential defendants. This information is available to attorneys can save both valuable time and money. Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers searched for new defendants to 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 naming fewer than 100 defendants are rare. Identifying the defendants The factual foundation of asbestos lawsuits is often established through discovery. Asbestos companies have denied for a number of years that their products could cause harm, but after the lawsuits began documents from the company provided evidence of the dangers. These documents can help plaintiffs prove that specific defendants' products caused their injuries. To prevail in a lawsuit, the plaintiff must show that the defendant's product was utilized at his work site, that he was exposed to it through inhalation of dust and that exposure to the dust was a major reason for his injuries. Asbestos cases usually involve multiple defendants. The method of identifying them differs from a personal injury lawsuit. By interviewing family and coworkers members, looking over invoices and work orders, getting documents from suppliers and vendors, and analyzing asbestos samples collected from the plaintiff's workplace as well as home, it is possible to create an information database that connects employers as well as locations and products. It is also possible to identify defendants if you know the kind of asbestos, such as amosite or chrysotile. The defendants must be attentive to these facts and identify the possible sources of exposure. This can involve a review of more than 40 years of a person's life through Social Security, union, tax and other records. Because the time lag for asbestos-related injuries is so long, the creation of an accurate database requires extensive and costly discovery. Due to the large number of asbestos cases and insufficient resources of defendants in federal courts, a lot of asbestos cases will be referred to a multidistrict lawsuit (MDL). This allows defendants to share their resources and avoid duplication of discovery. Case Development Asbestos suits require extensive research and the examination of many documents. This can be a challenge because exposure to asbestos typically was a long time before the victim developed a health issue. To identify the sources of exposure, lawyers need to conduct interviews and look over the thousands of pages of documents like employment records, union documents social security and tax records as well as medical and laboratory reports. The plaintiffs' attorneys must do all they can to find other defendants. In some cases, there can be up to 40 defendants. To do this, they have to examine the supply chain to find companies that could have a connection with asbestos, but aren't included in the lawsuit. This process can be very lengthy, especially if a claimant is suffering from mesothelioma and other severe diseases. Additionally, it is often difficult to locate witnesses and to obtain physical evidence. A mesothelioma attorney will work to determine the identity of all defendants and the connection to the victim's exposure. This may be accomplished by a thorough analysis of over 40 years of the victim's life through interviews and a review of their social security, union, and tax records. A successful asbestos litigation strategy relies on extensive experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since the time of our establishment at the beginning of 1994. We are also experts in the nation's defense of companies involved in industry-wide, multi-jurisdictional litigation. 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 in developing and establishing key defenses including expert witness testimony, jurisdictional Case Management Orders. Prepare for Trial Lawyers must meticulously prepare their cases before trial to ensure that their clients can present the strongest evidence and arguments possible. This involves reviewing medical records and preparing all witnesses. It is also about identifying the exhibits that will be used at the trial. This process can take years in complex cases. Many asbestos victims develop a less severe disease like asbestosis, pleural plaque or fibrosis before the development of mesothelioma. Asbestosis symptoms can include tightening of the lungs which could cause breathing problems, coughing, chest pain and so on. Asbestos victims' attorneys must also scrutinize the evidence to determine any potential defendants who could be held accountable for the asbestos-related injuries. This includes interviewing coworkers, family, asbestos abatement workers and asbestos manufacturers, in addition to gathering various documents. Once a defendant is identified as a possible defendant, an attorney must determine the liability of the party. The defendants can be businesses, individuals, or government agencies. They must be held accountable for their wrongful actions. Congress has offered a variety of legislative solutions to end asbestos lawsuits. These efforts haven't been effective due to a myriad of complicated political issues. Asbestos victims as well as their lawyers and the government remain committed to holding negligent asbestos firms accountable for their conduct. Waters Kraus & Paul is an attorney firm that has handled hundreds of cases in 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 divided into five judicial districts, which are assigned cases by judges with experience in asbestos matters. The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and President's Club members. Members network and discuss legal issues and strategies on the Group's plaintiff-only list server, at annual and winter conventions, as well as in seminars for education on asbestos litigation.