Notes

The History Of Asbestos Litigation
Asbestos Litigation

Every asbestos case is different, but the general procedure to defend against claims based on asbestos is the same. Your attorney will want to take a deposition of the plaintiff.

The cause of asbestos exposure can be numerous, not just one employer or business. This is why asbestos cases typically involve multiple defendants.

Find out the source of exposure

Identifying asbestos exposure is an important step in filing an asbestos claim. Often, the attorneys of victims may use medical records to determine the source of asbestos. This could help victims receive compensation from the companies that are responsible for their asbestos exposure.

Mesothelioma victims and their families need compensation to pay for mesothelioma-related treatment. Compensation can help families cope with the mesothelioma diagnosis.

Asbestos cases can be a complicated legal cases. Victims need to know their rights and procedures. While attorneys can handle many aspects of a case victims are expected to participate in the case too. This includes responding quickly to discovery requests and participating in depositions in court.

It is also crucial to remember that the statutes of limitations in New York are limited, and it is essential to speak with an experienced asbestos lawyer as soon as possible. In the event of not filing an asbestos claim within the proper time frame could result in missing out on financial compensation.


In a few instances asbestos-containing products manufactured by several companies have been used to expose victims. In these cases, lawyers representing the victims need to identify all the asbestos-containing products, and the companies and contractors that supplied the asbestos-containing products.

Asbestos lawsuits are the longest-running mass tort of American history. It is responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies have established trust funds to compensate asbestos victims. However, asbestos defendants continue to contest evidence linking asbestos exposure to mesothelioma lung cancer or other respiratory ailments. who asbestos litigation guidance is despite the findings of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

Developing an Database

A case involving asbestos-related diseases or mesothelioma differs from a typical personal injury lawsuit. In many cases asbestos litigation, there are a lot of the same defendants (companies who are being sued), many of the same law firms that represent plaintiffs and many of the same expert witnesses.

To build a strong asbestos defense, lawyers need to be able to access a large database that can identify possible exposure sources. This includes looking over the websites of employers, speaking with coworkers and obtaining documents from suppliers and employers. This involves locating and interviewing doctors or nurses who may be able be able to testify about asbestos exposure.

Making this kind of database can be difficult particularly in situations where the data was lost or destroyed over time. When this occurs it may necessitate the reconstruction of a complete claims database as well as an insurance program, usually from multiple sources like loss runs, claim files, internal systems and defense counsel records. It can take a long time or even decades to complete.

Asbestos lawyers must also have access to a software that allows them to locate potential exposure areas and identify potential defendants. Lawyers can save time and money by having this information at their fingertips.

Following the massive bankruptcies of many asbestos producers attorneys for plaintiffs sought new defendants to list in their lawsuits. As a result asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the volume is paramount and suits that name fewer than 100 defendants are rare.

Identifying the defendants

The factual foundation of asbestos cases is often established through discovery. Asbestos companies denied for many years that their products could cause harm, but after the lawsuits began, documents from the company provided evidence of the dangers. These documents can be used to prove that certain products of the defendants caused injuries. To prevail in a lawsuit, a plaintiff must demonstrate that the defendant's product was utilized at the workplace and that he was exposed to it inhaling dust and that the exposure to the dust was a major reason for his injuries.

Asbestos cases often involve several defendants. The method of identifying them is different from a personal injury lawsuit. By interviewing family and coworkers members, examining invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples taken from the plaintiff's workplace as well as home it is possible to build an information database that connects employers as well as locations and products. It can also help to identify defendants if you are aware of the kind of asbestos, like amosite or chrysotile.

The defendants are required to thoroughly examine these facts and determine all possible sources of exposure. This could include a look at more than 40 years of records from Social Security, tax, union, and other documents of the worker. Because of the long time lag of asbestos-related injuries, it's difficult and expensive to establish an accurate database.

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 multi-district lawsuit (MDL). This allows defendants to share their resources and reduce duplicate discovery.

Developing a Case

Asbestos suits require extensive study and examination of many documents. This can be a difficult task because asbestos exposure often occurs years before a person is diagnosed with a disease. To pinpoint the source of the asbestos exposure, lawyers must conduct interviews and examine thousands of documents like union and employment records as well as tax files, social security files and lab and medical reports.

The plaintiffs' lawyers also have to do everything they can to identify additional defendants. In certain instances, there could be as many as 40 defendants. To accomplish this, they must look further down the supply chain and research organizations that could have a connection to asbestos, even if they haven't been named in the lawsuit.

This process can be very time consuming, especially when a claimant is suffering from mesothelioma, or other serious diseases. In addition, it is often difficult to locate witnesses and obtain physical evidence.

A mesothelioma attorney will work to establish all potential defendants and their connections to the victim's exposure. This may include a thorough examination of the last 40 years of the victim's life, including interviews as well as a review of their social security as well as labor, union, and tax records.

A successful asbestos litigation strategy requires a lot of knowledge of this complicated 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 firms involved in industry-wide, multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and manage the interests of a wide range of defendants, including product manufacturers, distributors, and contractors. We have extensive experience establishing and developing important defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for Trial

Lawyers need to carefully prepare their cases prior to trial to ensure that their clients are able to present the strongest arguments and evidence possible. This includes reviewing medical records and making sure that all witnesses are prepared. It is also about identifying the exhibits that will be used at the trial. This process can take years long in complex cases.

Many asbestos sufferers are diagnosed with a less serious disease such as asbestosis, fibrous or pleural plaques prior to the mesothelioma's onset. Asbestosis symptoms include tightening of the lungs that can cause breathing difficulties, coughing and chest pain.

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

After an attorney has identified a defendant, they need to determine the liability of that party. The defendants could be individuals, companies or governmental organizations. They must be held accountable for their actions.

Many legislative solutions to solve asbestos litigation have been suggested in Congress. These efforts haven't been successful due to a range of complicated political issues. Asbestos victims along with their lawyers and government remain committed to holding negligent asbestos firms accountable for their actions.

The law firm of Waters Kraus & Paul has handled hundreds of cases in New York state and across the nation. Our lawyers have held insurance companies, and other responsible entities accountable for their part in the asbestos exposure. In Upstate New York asbestos litigation is centralized into five judicial districts where cases are assigned by judges who have expertise in asbestos cases.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's club members. Members of the Asbestos Litigation Group network and discuss legal issues, strategies, and at winter and annual conventions.

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