Asbestos Litigation

Each asbestos case is different however the process for defending such claims is similar. Your attorney will want to interview the plaintiff.

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

Identifying the source of exposure

In order to file an asbestos claim, it is important to identify asbestos exposure. Often, victims' attorneys may use medical records to determine the source of asbestos. This could help victims receive compensation from the companies accountable for asbestos exposure.

Mesothelioma victims and their families need compensation to cover the cost of mesothelioma treatment. Compensation can help families cope when a mesothelioma diagnosis is announced.

Asbestos cases can be a complicated legal issues. The victims must be aware of their rights and procedures. While attorneys can handle a variety of aspects of a case, they are expected to participate in the proceedings. This includes responding quickly to requests for discovery and attending court depositions.

Remember that Iowa City asbestos lawyer Links to an external site. are limited in New York, and you must consult an asbestos attorney as soon a possible. If you fail to submit your claim within the stipulated timeframe, you could lose out on financial compensation.

In a few instances, asbestos products made by several companies have been used to expose victims. In these cases, victims lawyers may be required to identify the manufacturers of each product, as well as the employers or contractors who supplied the asbestos-containing products.

Asbestos litigation is the longest-running mass tort in American history, and it has been the cause of numerous bankruptcy filings filed by asbestos manufacturers. Many of these companies have set up trust funds to pay compensation to asbestos victims. Yet asbestos defendants continue to deny the evidence linking asbestos exposure to mesothelioma or lung cancer. This is despite studies conducted by doctors such as Dr. Irving J. Selikoff, Dr. Jacob Churg, and Dr. E. Cuyler Hammond among others.

Making a Database

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

To be able to build a successful asbestos defense, lawyers need to have access to a vast database that can pinpoint potential exposure sources. This includes examining the job site, talking to coworkers and obtaining documents from employers and suppliers. This involves locating and interviewing nurses or doctors who might be able to testify regarding asbestos exposure.

The creation of this type of database can be challenging particularly in situations where the data was lost or destroyed over time. If this happens, it can require the reconstruction of a complete claims database and insurance program, typically from a variety of sources, including loss runs, claim files, internal systems, and defense counsel records. This could take a number of years or even years to complete.

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

Following the massive bankruptcies of many asbestos manufacturers, plaintiffs' lawyers sought new defendants to list in their lawsuits. In the end, asbestos cases in West Virginia have become defined by tri-annual consolidated trial groups in which the number of defendants is paramount, and suits naming fewer than 100 defendants are a rarity.

Identifying the defendants

The majority of asbestos cases are founded on factual evidence that is discovered. Asbestos companies have denied for a number of years that their products could cause harm, but once lawsuits started, documents from the company exposed evidence of the dangers. These documents can assist plaintiffs prove that a specific defendant' products caused their injuries. To prevail in a lawsuit, the plaintiff must prove that the defendant's product was used at his work site, that they were exposed to it inhaling dust, and that the exposure to the dust was a major factor in his injuries.

Since asbestos cases involve multiple defendants, the process of identifying defendants is different from a typical personal injury case. By interviewing coworkers and family members, looking over 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 online database that links employers, locations, and products. It is also possible to identify defendants if one knows the type of asbestos such as chrysotile or amosite.


The defendants must be attentive to these facts and pinpoint the possible sources of exposure. This can involve a review of more than forty years of a worker's life through Social Security, union, tax and other documents. Because of the long time lag of asbestos-related injuries, it is difficult and expensive to establish an accurate database.

Due to the sheer number of cases and the insufficient resources of defendants Many asbestos cases are being referred to as multi-district litigation (MDL) in federal courts. This practice allows defendants to share resources, and also avoid duplicate discovery.

Case Development

Asbestos suits require extensive study and examination of a variety of documents. This can be a difficult task, since asbestos exposure often occurs years before a person is diagnosed with a disease. To determine the sources of the exposure, lawyers must conduct interviews and go through hundreds of pages of documentation such as employment records, union documents social security and tax records, and medical and laboratory reports.

The attorneys representing the plaintiffs must do all they can to identify additional defendants. In certain instances, there could be as high as 40 defendants. To achieve this, they have to investigate the supply chain to look into entities that may have a nexus with asbestos but who are not mentioned in the lawsuit.

This process can be extremely long, particularly if the claimant has mesothelioma or other serious illnesses. In addition, it can be often difficult to locate witnesses and obtain physical evidence.

A mesothelioma lawyer will determine the identity of all defendants who could be implicated, and their connection to victim's exposure. This can be accomplished by a thorough analysis of more than 40 years of the victim's life via interviews as well as a review of their social security, union, labor and tax records.

A successful asbestos litigation strategy is dependent on extensive experience in a complex 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 businesses in multi-jurisdictional, industry-wide litigation. We are the National Coordinating Counsel and liaison counsel as well as coordinating the interests of many different defendants, including manufacturers of products, suppliers, distributors and contractors. We have a wealth of experience creating and implementing key defenses including expert testimony, jurisdictional Case Management Orders.

Prepare for the trial

Lawyers must meticulously prepare their cases before trial so that their clients are able to present the strongest arguments and evidence possible. This involves reviewing medical records, gathering all witnesses and identifying the exhibits that will be used in the case. This process can take years in complicated cases.

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

Asbestos victims' lawyers must also carefully review the evidence to determine any potential defendants that could be held liable for asbestos-related injuries. This involves interviewing family members, colleagues asbestos abatement workers, asbestos abatement employees and asbestos manufacturers, and obtaining various documents.

Once a defendant has been identified an attorney must determine the legal liability of the defendant. The defendants can be individuals, businesses or government agencies. They are accountable for their wrongful actions.

Many legislative solutions to solve asbestos litigation have been formulated in Congress. However, these attempts have not been successful due to a number of political issues. Asbestos victims and their lawyers are still 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 manufacturers, insurance companies, and other responsible entities accountable for their part in asbestos exposure. In Upstate New York, asbestos litigation is handled by five judicial districts, where cases are assigned to judges that are experienced with asbestos matters.

The Asbestos Litigation Group welcomes all AAJ members including life, regular sustainer, President's club members. Members meet and discuss legal issues and strategies on the group's plaintiff-only list server at the annual and winter conventions, and participate in educational seminars on asbestos litigation.