Notes

The Three Greatest Moments In Asbestos Litigation History
Asbestos Litigation

Each asbestos case is unique, but the general process to defend these claims is similar. Your attorney will want you to conduct depositions of the plaintiff.

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

Determining the Source of Exposure

To make an asbestos claim, it is essential to determine the source of asbestos exposure. Often, victims' attorneys can work with medical documents to determine the source of asbestos. This can help victims get compensation from companies accountable for asbestos exposure.


Mesothelioma victims and their families require compensation to pay for mesothelioma-related treatment. Compensation can also help families cope with the emotional burden of mesothelioma diagnosis.

Asbestos lawsuits are complex legal cases, and victims need to understand their rights and how the process works. While attorneys can handle many aspects of a case, the plaintiffs are expected to take part in the case too. This includes responding promptly to discovery requests and attending court depositions.

Remember that the statutes are restricted in New York, and you should consult an asbestos attorney as soon as you can. If you don't submit your claim within the prescribed time period, you could lose out on financial compensation.

In some instances, asbestos products made by multiple companies have been used to expose victims. In such cases, the lawyers representing the victims will need to identify all the asbestos-containing products, and the employers and contractors who supplied the materials.

Asbestos lawsuits are the longest-running mass tort of American history. It has been responsible for numerous bankruptcy filings by asbestos manufacturers. Many of these companies set up trust funds for asbestos victims. But asbestos defendants continue to contest evidence that links asbestos exposure and mesothelioma, lung cancer or other respiratory ailments. This is despite the research of doctors such as Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating a Database

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

To build a strong asbestos defense, lawyers have to have access to a vast database that will help them identify potential exposure sources. This includes reviewing job sites, talking to coworkers and obtaining records from employers and suppliers. The process also requires finding and interviewing nurses and doctors who are able to testify about asbestos exposure.

Making this kind of database can be difficult particularly when the data has been deleted or lost over time. In these situations it could be necessary to reconstruct the entire insurance program and claims database using multiple sources such as loss runs and claim files internal system, as well as defense counsel records. This can take many years or even years to complete.

Asbestos lawyers must also access to a program that allows them to identify potential defendants and locate potential exposure sites. Having this information at the fingertips of lawyers can save time and money.

Following the massive bankruptcy of many asbestos producers attorneys for plaintiffs sought new defendants to name in their lawsuits. Because of this asbestos cases in West Virginia are now defined by triannual consolidated trial groups where volume is the rule and suits that name less than 100 defendants is rare.

Identifying defendants

The actual basis of asbestos lawsuits is often established through discovery. Many asbestos companies have denied for years that their products could cause harm to people, but after the lawsuits started, documents from the company were discovered to provide evidence of the dangers. These documents can be used to prove that specific defendants products caused injuries. To prevail in a lawsuit, a plaintiff has to prove that the defendant's products were used at his workplace, that he inhaled dust from the product and that exposure to the product was a major reason for his injuries.

Asbestos cases typically involve multiple defendants. The method of identifying them differs from a personal injury lawsuit. By interviewing coworkers and family members, reviewing invoices and work orders, getting documents from vendors and suppliers and analyzing asbestos samples from the plaintiff's work place and home it is possible to create an information database that connects employers locations, workplaces, and products. It is also possible to identify defendants if you know the type of asbestos like amosite or chrysotile.

The defendants must take the time to review these facts and identify any potential sources of exposure, which could involve a thorough examination of more than 40 years of a person's life through Social Security, union, tax and other documents. Because the latency of asbestos-related injuries is long, creating an accurate database requires a lot of time and costly research.

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

Case Development

Asbestos suits require extensive investigation and the review of many documents. This can be a particularly difficult task because asbestos exposure often occurs years before a person is diagnosed with a disease. To determine the sources of exposure, attorneys must conduct interviews and look over thousands of pages of documentation like union documents, employment records as well as tax and social security files as well as medical and laboratory reports.

The plaintiffs' lawyers also must do their best to find additional defendants. In many instances, the number of defendants could be as high as 30 or 40. To achieve this they need to look further down the supply chain and look into organizations that could have a connection to asbestos that have not been named in the lawsuit.

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

A mesothelioma lawyer will attempt to determine the identity of all defendants and their connections to the victim's exposure. This can require a thorough examination of more than 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 years of experience in a complex area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our founding in 1994 and are nationally recognized as leaders in the defense of firms involved in industry-wide, multi-jurisdictional litigation. We are the 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 formulating and establishing crucial defenses including expert witness testimony, jurisdictional Case Management Orders.

Prepare for Trial

Lawyers need to carefully prepare their cases prior to trial so that their clients have the strongest evidence and arguments possible. This involves reviewing medical records, making sure that all witnesses are prepared and identifying exhibits to be used in the trial. This process can take years in cases that are complex.

Before developing mesothelioma, many asbestos patients develop a lesser disease such as asbestosis, and pleural plaque. Asbestosis can cause coughing, chest pain, and difficulty breathing.

Lawyers for asbestos victims must also examine the evidence in order to determine potential defendants who could be held responsible for the asbestos-related injuries. This includes interviewing family members, coworkers, asbestos abatement workers and asbestos manufacturers, in addition to getting various documents.

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

Congress has proposed several legislative solutions to end asbestos lawsuits. These efforts have not been effective due to a myriad of complex political factors. Citrus Heights asbestos lawyer You Tube , their lawyers and the government are committed to holding asbestos companies accountable for their behavior.

Waters Kraus & Paul is a law firm that has handled hundreds cases in New York State and across the nation. Our lawyers have held insurance companies and other responsible entities accountable for their part in asbestos exposure. In Upstate New York, asbestos litigation is centralized in five judicial districts where cases are assigned to judges that are experienced with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including regular, life sustainer, President's Club members. Members interact and discuss legal issues and strategies on the Group's only for plaintiffs list server at the annual and winter conventions, and in educational seminars on asbestos litigation.

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