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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 to interview the plaintiff.

The exposure of a person to asbestos can be triggered by multiple sources, not just one employer or company. This is why asbestos cases usually involve multiple defendants.

Identifying the source of exposure

In order to submit an asbestos claim it is crucial to pinpoint asbestos exposure. Lawyers for victims often make use of medical records to determine the source of asbestos. This can assist victims in receiving compensation from the companies responsible for asbestos exposure.

Mesothelioma victims and their families are entitled to compensation to cover the cost of mesothelioma treatment. Compensation can also help families cope with the emotional burdens of mesothelioma being diagnosed.

Asbestos lawsuits are complex legal proceedings, and the victims need to know their rights and how the process works. Attorneys are able to handle a variety of aspects of a case, they are expected to participate in the case. This includes responding to requests for discovery and taking depositions.

Be aware that the statutes are limited in New York, and you should seek advice from an asbestos lawyer as soon as you can. If you fail to submit your claim within the stipulated timeframe, you could lose out on financial compensation.

In some instances, asbestos products made by several companies have been used to expose victims. In these cases, the victims lawyers might need to identify the manufacturers of each product, as well as the contractors or employers who provided the asbestos-containing materials.

Asbestos litigation is the longest-running mass tort in American history. It's the cause of numerous bankruptcy filings from asbestos producers. Many of these companies have established trust funds to compensate asbestos victims. However, asbestos defendants continue to contest evidence that links asbestos exposure to mesothelioma lung cancer or other respiratory ailments. This is in spite of the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

Making a Database

A mesothelioma lawsuit or other asbestos-related illnesses differs from a typical personal injury lawsuit. In a lot of asbestos litigation cases, the plaintiffs are represented by the same law firms and same expert witnesses.

In order to develop a viable defense in an asbestos case attorneys need access to a database that can pinpoint potential sources of exposure. This involves reviewing the websites of employers, speaking with coworkers and obtaining documents from suppliers and employers. This involves finding and interviewing nurses or doctors who may be able testify regarding asbestos exposure.

This kind of database is difficult to create, particularly in the event that the data was lost over time. In these instances, it may 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 permits them to 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' attorneys looked for new defendants for their lawsuits. Because of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits that name less than 100 defendants is a rarity.

Identifying the Defendants

The factual foundation of asbestos cases is usually established through discovery. Asbestos companies denied for many years that their products could cause harm, but when lawsuits began the company's documents provided evidence of the dangers. These documents can assist plaintiffs establish that certain defendants' products caused their injuries. To prevail in a lawsuit, a plaintiff has to demonstrate that the defendant's products were used at his work place, that he breathed in dust from the product, and that the exposure was a major factor in his injuries.

Asbestos cases often involve several defendants. The method of identifying them is different from a personal injury case. By interviewing coworkers and family members, reviewing invoices and work orders, obtaining 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 online database that links employers locations, workplaces, and products. The type of asbestos involved - amosite, chrysotile or crocidolite - is helpful in identifying defendants as each product is made by a different manufacturer.

Defendants must carefully review these facts and pinpoint the possible sources of exposure, which can involve a review of more than forty years of a worker's existence through Social Security, union, tax and other documents. Because the time lag for asbestos-related injuries is long, establishing an accurate database is a lengthy and costly investigation.

Due to the large number of asbestos cases and limited resources of many defendants in federal courts, many asbestos cases will be referred to a multi-district lawsuit (MDL). This practice allows defendants the opportunity to share resources and to avoid duplication of discovery.

The process of creating a case

Asbestos lawsuits require a lot of investigation and the review of many documents. This can be a difficult task, since asbestos exposure can occur years before the victim becomes ill. To identify the source of the asbestos exposure, lawyers must conduct interview and carefully examine thousands of documents like employment records and union documents, tax files and social security files and lab and medical reports.

The attorneys representing the plaintiffs have to do everything they can to identify additional defendants. In many cases, the number of defendants could be as high as 30 or 40. To do so they must go further down the supply chain and research entities with a possible nexus to asbestos that have not been identified in the lawsuit.

This process can be extremely long and time-consuming, particularly when the claimant suffers from mesothelioma or other serious diseases. It is also difficult to find witnesses and collect physical evidence.

A mesothelioma lawyer will establish the potential defendants and their relationship to victim's exposure. This may be accomplished by a thorough analysis of over 40 years of the victim's life through interviews as well as a review of their social security, union, and tax records.

A successful asbestos litigation strategy requires a wealth of knowledge of this complicated area of law. Since our founding at the beginning of 1994, McGivney, Kluger, Clark & Intoccia has been at the forefront in asbestos litigation and is a leader in the nation in defending companies in multi-jurisdictional, industry-wide litigation. We serve as National Coordinating Counsel and liaison counsel, representing and representing the interests of a variety of different defendants, including manufacturers of products, suppliers, distributors and contractors. We have extensive experience creating and implementing important defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must carefully prepare their cases prior to trial to ensure that their clients' evidence and arguments are as strong as they could be. This involves reviewing medical records, making sure that all witnesses are prepared and identifying the exhibits that will be used in the trial. This process can be several years in the case of complex cases.

Before developing mesothelioma, many asbestos sufferers develop a less severe disease such as asbestosis, and pleural plaque. Asbestosis can cause coughing, chest pain, and breathing difficulties.

Asbestos victims' attorneys must also scrutinize the evidence to identify any possible defendants who could be held responsible for asbestos-related injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, as well as obtaining various documents.

Once a defendant is identified as a possible defendant an attorney must determine the liability of this party. The defendants could be businesses, individuals or government agencies. They are held accountable for their wrongful actions.

Many legislative solutions to solve asbestos litigation have been proposed in Congress. However, these efforts have not been successful due to a variety of complicated political motives. Asbestos victims and their lawyers remain determined to hold negligent asbestos companies 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 asbestos producers as well as insurance companies and other responsible parties accountable. In Upstate www.youtube.com is centralized into five judicial districts, which are assigned cases by judges with experience in asbestos-related matters.

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

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