ASBESTOS LAWSUITS: WHAT ARE THE STEPS FROM BEGINNING TO END?

How do you know if you have an asbestos claim? Have you been diagnosed with an injury which a doctor attributes to asbestos? Were you exposed to asbestos? Where? When? For how long?

If you believe that you may have been injured by asbestos you would be well advised to contact an attorney, and soon. Time limits for filing claims can result in a claim being denied if the injured person waits to late to file. Claims are best brought when the injured person is physically able to assist in their own lawsuit.

Before filing a lawsuit, the client and his lawyer will investigate the case. Asbestos disease typically takes years, even decades from the first exposure to develop into a disease. Going back in a person's life to find exposures to specific products at specific times can take a lot of digging and time. It is usually helpful to have a lawyer work on the case who has experience with asbestos cases. It can also benefit to have a lawyer whose practice is located near to the client, not across the country. Using an attorney near the client often gives the client more opportunity to actually meet the lawyer and allows the lawyer better access to witnesses.

The investigation will focus on the diagnosis and the cause. Will noted experts in asbestos disease confirm that the victim has an asbestos-related injury? What exposures caused or contributed to cause the injury? Once it is determined which products did or likely may have caused the injury, the complaint is filed in court. The defendants are notified of the case and they are given a chance to question the facts. The victim/plaintiff can question the defendants about their manufacture of asbestos products, their awareness of the hazards and related issues. This is called the "discovery" phase. Witnesses are interviewed, experts give testimony and the case is prepared for trial.

Asbestos cases typically settle after the discovery is completed. Few cases actually go to trial. However, if the victim and company cannot agree to a settlement then a trial will be held. Evidence is presented to the jury proving the exposure and diagnosis and establishing the defendant's knowledge concerning asbestos. The defendant will offer its own evidence. When the presentation of evidence is complete, the jury will discuss and decide the case.

How long does an asbestos case take from beginning to end? That depends on the case. A fast case can last a year. Cases can exceed two years so, in pursuing an asbestos case, patience is a virtue.

What is a case worth? No good attorney will guarantee a result or give a specific prediction of value. Factors to consider in considering value include the specific disease suffered (mesothelioma cases are often fatal and settle for more than a claim for someone with scarring on the lung but no breathing problems); the age of the injured person; lost income, if any; number of children dependent on the financial support of the victim; medical expenses; year and duration of the exposure to that defendant's product; and, perhaps most important, the current financial condition of the defendant.

Anyone suffering from an asbestos injury is wise to consider legal action for him/herself or for the family. Few workers knew that asbestos was harmful but many manufacturers did know of the hazard.

If you have a question please e-mail Steven Crick. Your question may be addressed in future column. Specific questions may require an appointment. For more information, go to www.hfmlegal.com.