Sue for Asbestos Exposure

Asbestos is a naturally occurring substance frequently used as insulation. Repeated exposure to asbestos, typically through work, can cause cancer. If you received a diagnosis of mesothelioma or asbestosis, you have cancer caused by exposure to asbestos. Since it can take as long as 50 years after exposure for symptoms to appear, a lawsuit for asbestos exposure requires significant investigation.

Steps

Hiring an Attorney

1. Search for attorneys near you. You may end up having to file your lawsuit in a different state. However, start the process by finding an experienced attorney practicing where you live who specializes in asbestos lawsuits.
   • If you are still in contact with coworkers who also were exposed to asbestos, talking to them can be a good place to start. If any of them have successfully sued for asbestos exposure, they may be able to recommend the attorney they used.
   • You also can search for local attorneys on the website of your state or local bar association. There you typically will find a searchable directory of attorneys licensed in your state.
   • Bar associations also often have a referral service, either online or over the phone. You answer a few brief questions about your case, and attorneys are recommended for you based on your answers.
   • One advantage of using a referral service is that the attorneys listed have signed up for that service because they are actively looking for clients.
   • In some states such as California and Tennessee, you only have one year after your diagnosis to sue the responsible companies. So if you want to sue for asbestos exposure, it's important to act fast.
2. Schedule several initial consultations. Asbestos or mesothelioma attorneys typically provide a free initial consultation. You should try to schedule at least three so you can find the best lawyer to represent you.
   • If you have more than three attorneys' names on your list, you may want to do some additional research so you can narrow down your list and schedule initial consultations with your top three.
   • Looking at attorneys' websites is a good place to start. There you typically can find more information about an attorney's background and experience.
   • However, keep in mind that attorneys' websites are marketing tools. You may need to look elsewhere to get a more unbiased picture of the attorneys you're considering.
   • If at all possible, try to schedule your initial consultations within the same week. Just be sure to leave an hour or two for each consultation – if you schedule them back-to-back, you may end up not having enough time.
3. Prepare a list of questions. Attorneys often view a free initial consultation as an opportunity to market their services. They typically have a general prepared presentation, but that presentation may not include all the information you need to make your decision.
   • Writing down your questions gives you something to refer to during the consultation and ensures you don't forget to ask something important.
   • Think about what's important to you in a productive working relationship, and include related questions on your list.
   • For example, suppose you are not available by phone and need to be able to communicate using email. If you ask an attorney their preferred method of communication and they tell you they prefer phone calls and hate email, they probably aren't going to be the best attorney for you just for that simple reason.
   • You also want to get a good understanding of the level of experience an attorney has, how much of the work on your case will be done personally by the attorney you're interviewing, and how many clients similar to you that attorney has successfully represented.
4. Compare the attorneys you interviewed. Once you've attended all of your initial consultations, take a moment to sit down and evaluate what you liked and didn't like about each of the attorneys with whom you spoke.
   • After your interviews, there may be one attorney that rises to the top of your list immediately. However, it's still worth your time to compare them objectively.
   • Keep in mind that litigation of your lawsuit may take a year or longer. While an attorney's experience and knowledge about asbestos exposure is important, how well you get along with them is perhaps just as important.
   • If you found an attorney intimidating or condescending, or if they made you feel uncomfortable, they probably will not be the best attorney for you – even if they are the most experienced attorney you interviewed.
5. Sign a retainer agreement. Most attorneys who represent people suing for asbestos exposure work on contingency, which means you won't have to pay them any money right away. However, you still need to get the details of the representation in writing.
   • Have your attorney go over the agreement so you can be sure you understand it. Pay close attention to how costs and fees are accounted.
   • Since your attorney will be working on contingency and you don't have to give them money right away, you may not be worried about how the attorney's fees are calculated.
   • However, there can be significant differences in what costs are included in attorney's fees, as well as the percentage the attorney takes from whatever money you recover in your lawsuit.
   • For example, attorneys typically should take a smaller percentage fee from a settlement than from an award at trial.
   • After you've signed your retainer agreement, get a copy for your records so you can refer to it later if necessary.

Gathering Information

1. Review your employment history. Most people with asbestos-related injuries were exposed to asbestos at work. However, given how long it takes to display symptoms of mesothelioma or asbestosis, it can be difficult to discern exactly when and where you were exposed.
   • Depending on your line of work, it's also possible that you were exposed many times through your work for several different employers.
   • A good place to start is to make a list of everywhere you've worked and the approximate dates of employment. Then you and your attorney can go down the list and identify opportunities for exposure.
   • If you potentially were exposed to asbestos at several workplaces, it may be impossible to figure out which instance of exposure was responsible for your asbestos-related illness.
   • In this situation, typically you will sue more than one company and they all will share a portion of the responsibility.
2. Identify the responsible companies. There are two types of claims you can make for asbestos-related illnesses. The first is a negligence claim you bring against the employer who exposed you to the asbestos.
   • You also can bring a lawsuit against the company that manufactured the products that contained asbestos, under a products liability theory.
   • This theory holds the company that made the asbestos product to which you were exposed strictly liable for any injuries you suffered as a result of that exposure.
   • Strict liability means you don't have to prove the company was negative – only that the product they manufactured had asbestos in it and you were exposed to it.
   • Your attorney will help you investigate the makers of asbestos products to which you were exposed and determine who best to sue for your asbestos-related illness.
3. Estimate your total damages. When you file your complaint to sue for asbestos exposure, it must include a specific amount of money that you're claiming you are owed as compensation for the illness you're suffering.
   • Typically you include actual damages such as medical bills and lost wages. Since you will continue to have medical costs for treatment of your asbestos-related illness, these additional costs will need to be projected.
   • Your healthcare providers typically can help you estimate what your medical costs will be for your treatment. This estimate depends on your predicted life expectancy based on the advancement of your condition.
   • You also may be entitled to damages for pain and suffering. The specific amount can be difficult to quantify, but your attorney will help you come up with a good estimate.
   • You must take into consideration not only the pain you suffer or will continue to suffer as a result of your illness as well as the loss to your quality of life. This includes lost opportunities, such as trips you've had to cancel or postpone due to your asbestos-related illness.
4. Choose the right court. The court where you file your lawsuit for asbestos exposure depends on where the exposure took place and the locations of the headquarters of the company or companies you're suing.
   • If you're suing several different companies located in different states, federal court rather than state court may be appropriate.
   • Keep in mind that even if you end up having to file your lawsuit in a different state, it typically won't be necessary for you to travel to that state yourself. Your attorney will take care of the legal proceedings and may network with an attorney who is licensed to practice in that state.
   • Which court you use also depends on your attorney's legal strategy. Your attorney will know which courts are more favorable to plaintiffs suing for asbestos exposure and will make every effort to sue in those courts if possible.
5. Determine your deadline to file. How long you have to file a lawsuit for asbestos exposure varies depending on whether you're suing under state or federal law. Different states also have different statutes of limitation that dictate how long you have to file a lawsuit after diagnosis.
   • Typically, the amount of time you have to file a lawsuit would start from the date you were exposed to the toxin.
   • However, since decades can pass before you are aware that you've suffered any injuries as a result of asbestos exposure, the period begins when you are diagnosed with an asbestos-related illness.
   • Keep in mind that you cannot sue simply for asbestos exposure. You must have a specific injury related to asbestos exposure, such as a diagnosis of mesothelioma or asbestosis.
   • While deadlines to sue vary greatly, you typically have between one and five years after your diagnosis to sue the responsible companies for asbestos exposure.
6. Consider other types of claims. In addition to suing for asbestos exposure, you may be eligible for benefits under workers' compensation, disability, or veterans' benefits. Filing these claims doesn't mean you can't also sue the companies responsible for your exposure to asbestos.
   • For example, if you were exposed to asbestos while serving in the military, you typically will also be entitled to veterans' benefits.
   • Depending on how recently you were exposed, you may be eligible for workers' compensation benefits from your current or most recent employer.
   • Even if you work in an industry in which you've been exposed to asbestos for decades, your most recent employer also is responsible for at least a portion of your total damages.
   • You typically also qualify for Social Security disability if you have had to quit your job due to mesothelioma or asbestosis. However, keep in mind that filing for disability is a long process.

Filing Your Complaint

1. Draft your complaint. Once you have all the information you need, your attorney will draft the complaint, which is the court document you use to initiate your lawsuit. Your complaint lists specific factual allegations against each company you're suing related to your exposure to asbestos.
   • The complaint also identifies the exact company or companies you're suing, and provides the specific amount of damages to which you believe you are entitled as a result of your exposure to asbestos.
   • Before the complaint is filed, your attorney will meet with you to go over the allegations. Make sure everything in the complaint is correct and accurate to the best of your knowledge.
   • If there's any information you think should be added to your complaint, or other companies that haven't been included in the lawsuit, tell your attorney about it.
2. File your complaint. Once the complaint is complete, it must be filed with the clerk of the court that will hear your lawsuit. Your attorney will file your complaint and pay the filing fee required to initiate your lawsuit.
   • Filing fees typically amount to several hundred dollars. This amount will be added to the court costs of your lawsuit and will come out of any award or settlement you receive.
   • Your attorney usually will have a file-stamped copy of the complaint that they will give you for your records.
   • After your complaint is filed, it also must be served on the company or companies you're suing for asbestos exposure.
   • Service typically is accomplished by having a sheriff or other process-serving professional hand-deliver the court documents to the company's agent. The fees for service will be added to your court costs.
3. Receive the defendant's answer. Once you've served the company or companies you're suing for your exposure to asbestos, they have a limited period of time to file a written response to your lawsuit.
   • If any of the companies you've sued don't file a written answer to your complaint, you may be eligible to win your lawsuit against them by default. However, don't expect this to happen.
   • Typically the defendants will file an answer that denies your allegations, and may also include various defenses they intend to assert against you.
   • You also may receive a motion to dismiss. If you sued more than one company, you may get motions to dismiss from one or all of them.
   • When a motion to dismiss is filed, you must respond to that motion and defeat it before you can continue with the lawsuit. Your attorney will discuss strategy with you.
   • Keep in mind that even if your claims against one company are dismissed, any others you've sued still may be liable for damages you've suffered as a result of your exposure to asbestos.
4. Participate in discovery. Provided you defeat any motion to dismiss, your litigation will enter the discovery phase. You and the company or companies you're suing will exchange information and evidence related to the claims you made in your complaint.
   • Through written questions and requests for production of documents, you can learn more about the circumstances surrounding your case. You may even uncover additional defendants to add to your lawsuit.
   • Typically the attorneys of the companies you've sued will want to depose you. A deposition is a live interview conducted under oath. A court reporter produces a written transcript of the entire proceeding for future reference.
   • Your attorney also may schedule depositions of key company members responsible for your asbestos exposure.
   • Your healthcare providers also typically will be deposed regarding the nature and extent of your injuries and the treatment you're receiving for your asbestos-related illness.
   • If your lawsuit is being filed in another state, depositions typically are conducted using video-conferencing, so you don't have to travel to the other state to be deposed.
5. Consider any settlement offers. At any time over the course of litigation, the company or companies you're suing may make an offer to settle the case. If you're suing more than one company, you may settle with one and continue litigation with the others.
   • Any settlement offer is going to be less than the amount you demanded in your complaint. In some cases, it may be significantly less.
   • However, you have to take into consideration the time, stress, and additional cost of taking your case all the way to trial.
   • Settling your case provides the opportunity to put the matter behind you and concentrate on your own health and well-being.
   • However, keep in mind that the decision of whether to accept a settlement offer is yours and yours alone. Your attorney can advise you, but they can't make the decision for you.

References

See also

• Learn About Asbestos Legislation
• Avoid Germs at the Office
• Lift and Carry a Baby
• Find Alternatives to Sitting in a Desk
• Balance Work and Health
• Do Yoga at Your Computer
• Put on a Cleanroom Suit
• Obtain OSHA Reports
• Measure Work Safety
• Maintain Workplace Safety

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