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Asbestos Litigation Every asbestos case is different however, the general procedure to defend against such claims is similar. Your attorney will want you to conduct an interview with the plaintiff. The exposure of a person to asbestos can come from many places, not just an employer or a company. This is the reason asbestos cases typically involve multiple defendants. Identifying the source of exposure Recognizing asbestos exposure is an important step in submitting an asbestos claim. Attorneys for victims can often use medical records to determine the source of asbestos. This could help victims receive compensation from companies accountable for asbestos exposure. Compensation is essential for mesothelioma patients as well as their families to pay for the expense of expensive treatment. Compensation can also help families cope with the emotional burden of mesothelioma being diagnosed. Asbestos cases can be a complicated legal issues. Victims need to know their rights and the procedure. While attorneys can handle a variety of 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 are limited in New York, and you must consult an asbestos attorney as soon a possible. In the event of not filing an asbestos claim within the proper timeframe could result in a denial on financial compensation. In some cases, victims have been exposed to asbestos products manufactured by several companies. In these cases, victims lawyers might need to identify the manufacturer of each product, as well as the employers or contractors who supplied asbestos-containing materials. Asbestos lawsuits are the longest-running mass tort in American history. It has been responsible for dozens bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds for asbestos victims. However, asbestos defendants continue to challenge evidence linking asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is despite research conducted by doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others. The process of creating the Database A lawsuit involving asbestos-related illnesses or mesothelioma differs from a typical personal injury case. In a lot of asbestos litigation cases, plaintiffs are represented by same law firms as well as the same expert witnesses. To be able to build a successful asbestos defense, attorneys need to have access to a vast database that will help them identify potential exposure sources. This includes reviewing job sites, talking to coworkers and getting documents from suppliers and employers. The process also involves tracking down and interviewing doctors and nurses who can testify about asbestos exposure. The creation of this type of database can be difficult, especially in cases where the data was lost or destroyed over the course of time. In these situations, it may be necessary to recreate the entire insurance program and claims database using multiple sources, such as loss runs and claim files internal system and defense counsel records. It can take years, or years, to complete. Asbestos lawyers also need access to a software that allows them locate potential exposure sites and to identify potential defendants. This information is at the fingertips of attorneys can save both valuable time and money. After the mass bankruptcies of many asbestos producers, plaintiffs' lawyers sought new defendants to list in 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 naming less than 100 defendants is a rarity. Identifying defendants The actual basis of asbestos cases is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but when the lawsuits began documents from the company revealed evidence of the dangers. These documents can be used to prove that specific products of the defendant caused injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product were used in his workplace, that he inhaled dust from the product and that the exposure was a major cause of his injuries. Since asbestos cases have multiple defendants, the process of identifying defendants is different than an ordinary personal injury case. The most important thing is to create a database linking employers locations, products and locations by interviewing co-workers and relatives as well as reviewing work orders and invoices, obtaining documents from vendors and suppliers, and analyzing samples from the plaintiff's home as well as employment sites. The type of asbestos used – amosite, chrysotile or Crocidolite – could be helpful in identifying defendants as each product is made by an individual manufacturer. The defendants must take the time to review these facts and identify any potential sources of exposure, which can involve a examination of more than 40 years of a worker's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is long, the creation of an accurate database requires extensive and costly research. Due to the huge number of cases and the limited resources of many defendants, many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This allows defendants to share their resources and avoid the duplication of discovery. Case Development Asbestos suits require extensive study and examination of numerous documents. This can be a difficult task, since asbestos exposure is often a long time before a person is diagnosed with a disease. To pinpoint the source of asbestos exposure, attorneys must conduct an interview and review thousands pages of documentation including employment records and union documents as well as tax files, social security records, medical and laboratory reports. The plaintiffs' attorneys must also do everything they can to identify other defendants. In certain instances, there could be up to 40 defendants. To achieve this, they must look further down the supply chain and investigate entities with a possible nexus to asbestos, even if they haven't been named in the litigation. This process can be very time consuming, especially when the plaintiff is suffering from mesothelioma and other severe diseases. Additionally, it is often difficult to find witnesses and get physical evidence. A mesothelioma attorney will work to identify all defendants and their connection to the victim's exposure. This could involve a thorough review over the last 40 years of a victim's life, including interviews and a look at their social security, labor, union and tax records. Albuquerque asbestos lawsuits requires extensive experience in this tangled area of law. Since its inception at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leading firm in the country in defending businesses in multi-jurisdictional litigation that spans the entire industry. We act as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a wide range of defendants, including product manufacturers, distributors and contractors. We have extensive expertise in creating and establishing key defenses as well as expert witness testimony and jurisdictional Case Management Orders. Preparing for the Trial Lawyers must be careful in preparing their cases for trial to ensure that their clients' evidence and arguments are as strong as they can be. This involves reviewing medical records and preparing all witnesses. It is also about identifying the exhibits that will be used in the trial. This can take a lot of time in complex cases. Many asbestos victims have a less severe illness like asbestosis, pleural plaque or fibrosis before the mesothelioma's onset. Asbestosis can cause coughing, chest pain, and breathing problems. Asbestos victims' lawyers must also scrutinize the evidence to determine any possible defendants who could be held liable for asbestos-related injuries. This includes speaking with coworkers, family asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and gathering various documents. Once a defendant has been identified, an attorney must determine the liability of the defendant. The defendants can be businesses, individuals, or government agencies. They are held accountable for their negligent acts. Several legislative remedies to resolve asbestos litigation have been formulated in Congress. However, these attempts have not been successful due to a number of political issues. Asbestos victims and their lawyers are still 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 producers, 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 experience in asbestos-related matters. 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 annual and Winter conventions.