Notes

Why No One Cares About Asbestos Litigation
Asbestos Litigation

Each asbestos case is unique however the process for defending such claims is similar. Your attorney will want to take a deposition of the plaintiff.

The cause of asbestos exposure could be numerous, not only one employer or business. That's why asbestos cases often involve multiple defendants.

Find out the source of exposure

To file an asbestos claim, it is important to identify asbestos exposure. Often, attorneys representing victims can use medical documents to determine the source of asbestos. This can assist victims in receiving compensation from the companies responsible for asbestos exposure.

Compensation is needed by mesothelioma patients as well as their families to cover the cost of expensive treatment. Waterbury asbestos lawsuit can help families cope emotionally with a mesothelioma diagnoses.

Asbestos cases are complex legal cases. Victims must be aware of their rights and the process. Attorneys are able to handle a variety of aspects of a case they are expected to be involved in the process. This includes responding promptly to discovery requests and participating in court depositions.

Remember that the statutes are restricted in New York, and you must consult an asbestos attorney immediately if you are able to. If you fail to submit your claim within the stipulated timeframe, you could lose out on financial compensation.

In some cases, victims have been exposed to asbestos products manufactured by multiple companies. In these instances, victims' attorneys may need to identify the companies that made 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's responsible for numerous bankruptcy filings from asbestos producers. Many of these companies set up trust funds for asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite the research of doctors like Dr. Irving J. Selikoff and Dr. Jacob Churg.

The process of creating a Database

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

To be able to build a viable defense in an asbestos-related case attorneys need access to a vast database that can pinpoint potential exposure sources. This includes reviewing job sites, talking to coworkers and obtaining documents from suppliers and employers. This also involves tracking down and interviewing nurses and doctors who can testify about asbestos exposure.

Making this kind of database can be difficult particularly in situations where the data was lost or destroyed over time. In these situations, it may be necessary to rebuild 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 a long time or even years to complete.

Asbestos lawyers also need access to a program that allows them to find potential exposure sites and identify potential defendants. Lawyers can save time and money by having this information available to them.

After the collapse of several asbestos producers, plaintiffs' lawyers sought out new defendants for their lawsuits. In the wake of this, asbestos cases in West Virginia are now defined by triannual consolidated trials groups where volume is the rule and suits naming less than 100 defendants is rare.

Identifying the defendants

The majority of asbestos cases are based on factual evidence that is discovered. Many asbestos companies resisted for years that their products could harm people, but once the lawsuits started, documents from the company emerged to reveal evidence of the dangers. These documents can help plaintiffs prove that a specific defendant products caused their injuries. To win a lawsuit, the plaintiff must prove that the defendant's products were used in his workplace, that he inhaled dust from the product, and that exposure to the product was a major reason for his injuries.

Since asbestos cases involve multiple defendants, the method of identifying defendants is different from a typical personal injury case. The key is to build an information database that links employers locations, products and locations by speaking with relatives and coworkers looking over invoices and work orders, obtaining documents from suppliers and vendors and analyzing samples taken from the plaintiff's home as well as employment websites. The type of asbestos used - amosite, chrysotile or crocidolite - can also be useful in identifying defendants since each product is produced by the same manufacturer.

Defendants are required to carefully look over these facts and identify all possible exposure sources. This could include a look at more than 40 years of records from Social Security, tax, union, and other records of workers. Due to the long latency of asbestos-related injuries, it's difficult and costly to build an accurate database.

Due to the sheer number of cases and limited resources of defendants Many asbestos cases are referred to multi-district litigation (MDL) in federal courts. This practice allows defendants to share their resources and avoid duplication of discovery.

Developing a Case

Asbestos lawsuits require extensive research and the examination of many documents. This can be a particularly difficult task, since asbestos exposure can occur years before a person is diagnosed with a disease. In order to identify the sources of the exposure, lawyers must conduct interviews and review hundreds of pages of documentation like the employment records, union documents, tax and social security files as well as medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to locate other defendants. In many instances, the number of defendants could be as high as 30 or 40. To do this, they have to look down the supply chain to find entities that may have a connection with asbestos but who are not named in the lawsuit.

This process is often very long and time-consuming, particularly when the plaintiff is suffering from mesothelioma and other severe diseases. In addition, it can be often difficult to find witnesses and get physical evidence.

A mesothelioma lawyer will determine all potential defendants, and their relationship to victim's exposure. This can require a thorough examination of over 40 years of the victim's history through interviews as well as a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy requires extensive experience in this tangled area of law. At McGivney, Kluger, Clark & Intoccia We have been at the forefront of asbestos litigation since our inception in 1994 and are nationally recognized as leaders in the defense of businesses involved in industry-wide multi-jurisdictional litigation. We act as National Coordinating Counsel, and liaison counsel. We represent and coordinate the interests of a broad array of defendants, which includes product manufacturers, distributors and contractors. We have extensive experience in creating and implementing key defenses, expert testimony and jurisdictional Case Management Orders.

Prepare for Trial

Lawyers must meticulously prepare their cases for trial to ensure that their clients' evidence and arguments are the strongest they can be. 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 several years in the case of complex cases.

Before developing mesothelioma, many asbestos victims develop a lesser disease like asbestosis, and pleural plaque. Asbestosis symptoms can include tightening of the lungs which could cause breathing problems, coughing, chest pain and so on.

Attorneys for asbestos victims should also review the evidence to identify potential defendants who could be held responsible for the asbestos-related harms. This involves interviewing co-workers, family members, abatement workers, asbestos manufacturers and obtaining a variety.

After a lawyer has identified a potential defendant, they must determine the liability of that person. The defendants could be individuals, corporations or government agencies. They are held accountable for their negligent acts.

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

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

The Asbestos Litigation Group is open to AAJ Regular Life, Life, Sustaining, and 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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