Notes

10 Wrong Answers For Common Asbestos Litigation Questions: Do You Know The Correct Answers?
Asbestos Litigation

Every asbestos case is different however the general procedure to defend against such claims is the same. Your lawyer will ask you to take an interview with the plaintiff.

The cause of asbestos exposure could be many, not just one employer or company. This is the reason asbestos cases typically involve multiple defendants.

Determining the Source of Exposure

The identification of asbestos exposure is an important step to file an asbestos claim. Attorneys for victims can often make use of medical records to determine asbestos' source. This can assist victims in obtaining compensation from companies responsible for their asbestos exposure.

Mesothelioma sufferers and their families require compensation to cover the cost of mesothelioma treatments. Compensation can also help families cope with the emotional burden of a mesothelioma being diagnosed.

Asbestos lawsuits are complicated legal cases, and victims need to understand their rights and the way in which the process operates. While attorneys are able to handle a variety of aspects of a case, the plaintiffs are expected to take part in their own case. This includes responding to discovery requests and attending depositions.

Remember that the statutes are restricted in New York, and you should consult an asbestos attorney immediately if you are able to. In the event of not filing a claim within the appropriate time frame could result in a denial on financial compensation.

In some cases asbestos-containing products manufactured by multiple companies have been used to expose victims. In these instances, victims lawyers may be required to identify the manufacturer of each product, as well as the contractors or employers who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history. It's responsible for numerous bankruptcy filings from asbestos producers. Many of these companies have created trust funds to pay compensation to asbestos victims. But asbestos defendants continue to contest evidence linking asbestos exposure to mesothelioma lung cancer or other respiratory diseases. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing the Database

A case involving asbestos-related diseases or mesothelioma is distinct from a typical personal injury case. In many cases asbestos litigation, there are many of the same defendants (companies that are being sued) as well as many of the same law firms representing plaintiffs and many of the same expert witnesses.

To build a viable defense in an asbestos-related case, attorneys must have access to a vast database that can pinpoint possible sources of exposure. This includes looking over job sites, talking to coworkers and collecting records from employers and suppliers. This involves locating and interviewing doctors or nurses who may be able to testify regarding asbestos exposure.

The creation of this type of database can be difficult particularly in situations where the data was deleted or lost over time. In these instances it could be necessary to recreate the entire insurance program and claims database using multiple sources, including loss runs, claim files, internal system and defense counsel records. It can take a long time or even years to complete.

Asbestos lawyers must also access to a program that lets them find potential defendants and potential exposure sites. Lawyers can save time and money by having this information at their fingertips.

Following the bankruptcy of a number of asbestos producers, plaintiffs' lawyers searched for new defendants to their lawsuits. As a result of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is king and suits that name less than 100 defendants is a rarity.

Identifying Defendants

The truthful basis of asbestos cases is often established through discovery. Asbestos firms have denied for many years that their products could cause harm, but when lawsuits began the company's documents revealed evidence of the dangers. These documents can be used to prove that particular defendants products caused injuries. In order to win a lawsuit the plaintiff must demonstrate that the defendant's products were used in the workplace, that he inhaled dust from the product and that the exposure was a major cause of his injuries.

Asbestos cases typically involve several defendants. The method of identifying them is different from a personal injury case. The key is to build a database linking employers, locations and products 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 workplace sites. It is also possible to identify defendants if you know the type of asbestos, such as chrysotile or amosite.

Defendants must carefully examine these facts and determine the possible sources of exposure. This may include a thorough review of more than 40 years of records from the Social Security, tax, union, and other documents of a worker. Because the time between asbestos-related injuries is long, establishing an accurate database requires extensive and costly discovery.

Due to the huge number of asbestos cases and the limited 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 reduce the duplication of discovery.

The process of creating a case

Asbestos suits require extensive research and the examination of many documents. This can be particularly challenging because exposure to asbestos typically occurred years before a victim developed a health issue. To determine the sources of exposure, lawyers must conduct interviews and review the thousands of pages of documents like employment records, union documents, social security and tax records, and medical and laboratory reports.

The lawyers representing the plaintiffs must also do everything they can to locate other defendants. In many instances, the number of defendants can be as high as 30 or 40. To do this, they need to investigate the supply chain to look into entities that may have a link to asbestos, but aren't named in the lawsuit.

This process can be extremely lengthy, especially if the plaintiff is suffering from mesothelioma and other severe illnesses. In addition, it can be often difficult to find witnesses and to obtain physical evidence.

A mesothelioma lawyer will attempt to determine the identity of all defendants and the connection to the victim's exposure. This may require a thorough review of over 40 years of the victim's history through interviews, as well as a look at their social security, union, labor and tax records.


A successful asbestos litigation strategy is dependent on extensive experience in a complicated area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception back in 1994. We are the nationally recognized as leaders in the defense of companies involved in industry-wide, multi-jurisdictional litigation. We serve as National Coordinating Counsel and liaison counsel, representing and managing the interests of many different defendants including product manufacturers distributors, suppliers, and contractors. We have a wealth of experience developing and establishing key defenses, expert witness testimony and jurisdictional Case Management Orders.

Prepare for trial

Lawyers need to carefully prepare their cases ahead of trial to ensure that their clients can present the strongest arguments and evidence possible. This includes reviewing medical records and preparing all witnesses. It is also about identifying the exhibits that will be used at the trial. This can take a lot of time in complex cases.

Before developing mesothelioma asbestos sufferers develop a less severe disease, such as asbestosis or and pleural plaque. why asbestos litigation are important include tightening of the lungs which can cause breathing difficulties, coughing, chest pain and so on.

Asbestos victims' lawyers must also examine the evidence to identify any potential defendants who could be held responsible for asbestos-related injuries. This includes speaking with family members, colleagues, asbestos abatement workers and asbestos manufacturers, in addition to getting various documents.

Once a defendant has been identified an attorney must determine the liability of this party. The defendants could be individuals, corporations or governmental agencies. They are held accountable for their actions that were negligent.

Congress has enacted a number of legislative solutions to settle asbestos lawsuits. These efforts haven't been successful due to a range of complex political factors. Asbestos victims, their lawyers and the government remain determined to hold asbestos companies accountable for their conduct.

Waters Kraus & Paul is a law firm that has handled a variety of cases in New York State and across the country. 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 supervised by judges who have expertise in asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's club members. Members interact and discuss legal issues and strategies on the Group's plaintiff-only list server during the annual and winter conventions, as well as in seminars for education on asbestos litigation.

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