We have included some questions that we suggest you ask an attorney before signing:

How much experience do you have in actually trying Mesothelioma cases?

It is important that you find a lawyer who has lots of experience in taking on asbestos companies. Some attorneys have handled one or two cases and some have handled hundreds. It is important that the lawyer you choose has the experience necessary in TRYING cases, not just settling them.

Are you aware of the statute of limitation laws regarding my case?

An SOL or statute of limitation is the government’s way of making sure that old cases don’t flood the courts. For this reason if you don’t act quickly, you may be prevented from getting any money from anyone. This is why it is important for you and your lawyer to move as quickly as possible.

Can you provide me with a list of references of families you’ve represented and the types of verdicts you’ve received?

Would you go to a stock broker that had never sold a stock in his life? Absolutely not! Any lawyer worth their salt should be able to provide you with examples of cases they’ve won and how they’ve beat the asbestos companies time and time again. They also should have a list of families who are extremely happy with the service they received. Some lawyers might even suggest you talk to these people – and you should.

How much do YOU get paid if I win?

It is no secret that most personal injury lawyers get paid when you do. Sometimes this means that they have to spend hundreds of thousands on your case with risk that they may not win at all. It is reasonable that they would get some percentage if you win. You should ask any lawyer you are talking to what that percentage is and ask them for a ballpark of how much your family could win. Many mesothelioma verdicts of late have been for Millions of Dollars. The asbestos companies became very rich, while many workers became very sick. Most good Personal Injury and Mesothelioma law firms are at a rate of 33%. Some firms that refer cases are now at 40% so they can split fees with the referring firm who does little or no work. You should question a firm requiring more than 33%.

What state would you try this case in?

It is important to find out what jurisdiction a lawyer intends to try a case in. A lawyer might be more used to trying cases in a state that typically gets lower verdicts. To get the highest dollar amount possible for your case, you want to make sure you try it in the right jurisdiction. A good lawyer is going to know the best place to try your case in order to get the highest amount possible.

Do you refer your cases to someone else? If so, who?

There are differing theories in case referrals. Some say that you will get better representation dealing with the lawyer who will eventually try your case. Others argue that you receive two lawyers for the price of one. This is a judgment you will need to make and you will definitely hear both sides of the argument. If you find a lawyer you feel comfortable with, it may be in your best interest to have the case referred to a trial lawyer. You want to find a lawyer who displays compassion and honesty and work with a team that can get you the best money possible. Check their references and trust your instincts.

Can my case be tried separately or as a class action suit?

Some lawyers may try to bunch you in with a group of plaintiffs. This could mean less work for the lawyer and less money for you. On the other side of things, this means that the lawyer is able to gather and present all the information necessary. In most cases mesothelioma is dealt with separately with one plaintiff. Still, this is an important question to ask.

How long will it take to get paid?

It can take two or three years for a mesothelioma case to be paid out. Some companies are in bankruptcy and others have made other legal maneuvers to avoid paying. It is much easier to get a case on the docket if you act quickly and the patient is still alive. The quicker you move forward with the right lawyer, the quicker you will get the money you deserve. Your lawyer should give you some answers as to when you can expect your money if you win.

Did the asbestos companies know what they were doing to my loved one?

The asbestos companies absolutely knew. Read through some of our historical data and timelines regarding asbestos. A good lawyer will have compiled years and years of data and admissions about what the asbestos companies knew and when. Chances are he/she even has information that could help your loved on with their case. You should ask what information your lawyer intends to present to hold the asbestos companies liable.

Do you offer a free consultation?

Any lawyer should offer to meet you in person at your place of residence before you sign with them. The attorney(s) will sit down with you face to face and discuss your case. The lawyer will evaluate all of your legal options and assess the seriousness and potential outcome of the case. They may first seek specific information over the phone such as where exposure occurred. If a lawyer is going to pay thousands of dollars coming to see you, they’ll likely want you to confirm that the loved one has been diagnosed. Any lawyer that is serious should be willing to come see you promptly, as they understand how important it is to move quickly.

What is your background?

Just because a lawyer went to Harvard doesn’t make them the best lawyer. However, chances are a good lawyer is usually a smart one. Don’t be afraid to ask your lawyer where he/she received their education. You want someone smart working on your case and you want someone that is hard working. You know hard working folks and you’re going to need someone smart and hard working if you’re going to win.

Filing - The first step in your asbestos lawsuit – after you’ve met with your attorney and he/she’s determined that you indeed have a viable case – is the filing of a petition or complaint with the court. This is done by the attorney. The complaint outlines the case, identifies all defendants, and alleges the wrongful actions of each defendant and how those actions affected you – the plaintiff. Filing just takes a few minutes but preparing the complaint may take several weeks or even months.

Responses - After the petition is filed, each defendant typically has about 30 days to respond to the complaint and present an answer to the court. Typical responses by defendants might include allegations that the statute of limitations has expired.

Discovery – As the name suggests, discovery is the process by which each side learns facts about the other side. For example, the defendants’ attorneys may ask to interview the plaintiff in an attempt to discern their liability.

Setting of a Trial Date – How quickly your case comes to trial will largely depend upon the availability of the court. It may be several months before a date is chosen. However, a growing number of jurisdictions are putting a “rush” on mesothelioma cases that involve a plaintiff who is still living.

Settlement offers – Sometimes, defendants decide that it is not in their best interest to allow a case to go to trial. In those instances, the plaintiff may be offered a monetary “settlement”. Any settlements will be presented to your lawyer who will, in turn, present them to you – the plaintiff – and advise you on whether he/she believes it is in your best interest to accept the settlement or wait for the trial. A large percentage of asbestos cases are settled before they go to trial.

Trial – If you can not reach a settlement with the defendant(s), the case will proceed to trial. Trials typically take one to two weeks, depending on the number of defendants, witnesses, etc. You may or may not take the stand to testify on your own behalf.

In all, a typical case can take months to years, depending on its complexity. An experienced mesothelioma attorney can probably give you a fair idea of just how long your particular case may take to come to settlement.

Asbestos has long been dubbed a “miracle” mineral, thanks to its tremendous heat-insulating properties. However, there’s always been a dark side to asbestos. Indeed, one can find documented references from centuries long past that attest to the dangers of asbestos. Back in the first century, Roman naturalist Pliny the Elder (23-79 A.D.) noted a penchant for “sickness in the lungs” among those who worked with the material. Medical professionals began writing about their concerns in the early 20th century and urged industries to discontinue the use of asbestos, but business owners discarded the information or kept it a secret, refusing to replace the mineral with a safer substitute.

Thus, chances are you were employed by a company that knew of the dangers of asbestos but still allowed you to be exposed to it on a regular basis without any regard for your health. Because of this, you have a legal right to compensation for your illness. As a matter of fact, anyone who has been injured or sickened as a result of exposure to asbestos – whether on-the-job or elsewhere – has the right to sue the manufacturers of the asbestos products that caused the illness.

Why file a suit? The reasons are many. First of all, the medical expenses involved in mesothelioma treatment or any asbestos-related disease can be exorbitant and may not be covered by your existing medical insurance. Secondly, such diseases often result in an inability to work which, in turn, results in a loss of income. Bank accounts are drained and little or nothing is left for your surviving spouse or heirs. A successful lawsuit can provide the money needed to spend the remainder of your life in relative comfort and will help provide for those left behind.

Do not hesitate to seek legal advice and/or take action if you’ve been sickened by asbestos. A competent attorney can advise you as to all your legal rights and will inform you as to whether or not he/she believes you should proceed with a claim.

Current trends indicate that the worldwide rate at which people are diagnosed with asbestos-related diseases will likely increase through the next decade . Analysts have estimated that the total costs of asbestos litigation in the USA alone is over $250 billion.

The Federal legal system in the United States has been faced with numerous counts of asbestos related suits, which often included multiple plaintiffs with similar symptoms. The concern with these court cases are the staggering numbers, which in 1999 recorded 200,000 cases pending in the Federal court system of the United States . Further, it is estimated that within the next 40 years, cases may balloon to seven hundred thousand cases. These numbers help explain how there are thousands of current pending cases.

Litigation of asbestos materials has been a difficult entity to muster because of the multiple factors which play a role in every case. The company that often is being exposed for their negligence of working conditions and the worker or in many cases, workers who were exposed to asbestos and did not know that they were, or knew and now fear future medical problems, have current symptoms or were upset for the negligence of the company. Companies sometimes counter saying that health issues do not currently appear in their worker or workers, or sometimes are settled out of court. The Research and Development (RAND) think-tank has appropriated certain legal information which is readily available for proclaimed victims of natural resource accidents. This information, although sometimes deemed radical, has helped many workers, regardless of health condition, earn compensation through companies. RAND, along with the Institute for Civil Justice (ICJ) have been proponents of the organization of past cases in order to determine one aspect of fair compensation for workers.

1999 saw the introduction of the Fairness in Asbestos Compensation Act. This Act was used as a tool in order to determine which of the numerous federal cases were true, and if the plaintiff’s were actually suffering from asbestos related illness. This process was necessary as thousands of false insurance claims were costing companies billions and ultimately many companies were forced to file for bankruptcy. While companies filed for bankruptcy, this limited payouts to those who were actually affected by the material. What the 1999 Act ultimately determined was “a judgment that those resources should be spent on delivering full and prompt compensation to those who are, and will become, impaired by asbestos disease, and not dissipated on payments to those who are not sick and may never become sick, on punitive damages that seek retribution for the decisions of long-dead executives for conduct that took place decades ago and on the extraordinary transaction costs (Professor Christopher Edley, Jr.).” With this litigation, it was recommended by many that the framework of the Act was set in a manner that was fair towards most parties.

There is no effective way to allocate funding to every claimant with the fair treatment of companies in question. Although a majority of companies involved with numerous asbestos cases are household names, they are also at the highest risk while faced with workers health concerns. The 1999 Act has effectively helped save time, money and aggravation for both sides of every asbestos case. There are fewer cases of bankruptcy and fewer cases of fraudulent medical concerns. Notable concerns with bankruptcy include the fact that once a company is forced to divide funding amongst its workers, it has a limited budget which lags on the economy and ultimately cannot contribute back the way it once was. This was a main reason for the hesitation of any strict enforcement policy. However, the Act of 1999 helps to alleviate exuberant payouts to unqualified claimants, all while safely and legally protecting those who were, are and will be affected by asbestos related illnesses.

Litigation exists outside the United States in England, Scotland, Ireland, the Netherlands, France, Australia, and Japan among other nations. See the companion article for further information.

The volume of the asbestos liability has concerned manufacturers and insurers and reinsurers . The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.

There are many resources available to victims of asbestos exposure. Believe it or not, a mesothelioma patient and his or her family can be entitled to millions of dollars in awards; unfortunately, the laws are such that one must act quickly. Because of what is called a “statute of limitations”, states make it difficult to get the money after death. For this reason, it is important that you locate the best representation possible. Depending on the situation, there may be funds, grants, or even – the possibility of a lawsuit. We have put together a list of FAQs when selecting representation along with some information on which attorneys are considered the best in various states. This information is considered the opinion of MAACenter.

By filling out the form to the right, we will have a highly qualified legal specialist contact you to let you know if you have a case. This specialist can contact you via email or phone whenever it is convenient for you.

Most often, asbestos was used for insulation in construction materials. It could be found in foam, spray, and roll out insulation used in buildings and also countless other materials. Nearly all aspects of the construction industry have at least some limited exposure to asbestos in the removal or repair of older fixtures. Today the U.S. Environmental Protection Agency strictly prohibits the use of asbestos in construction and other industry. However, because of the delay in symptoms and diagnosis, many are still becoming sick because of prior workplace exposures. An expedient diagnosis helps your doctor to determine the best mesothelioma treatment.

There are few industries which are completely immune to asbestos exposure. However some are more susceptible than others. Because of its many uses, these occupational hazards can vary a great deal. Below is a listing of other jobsites in which asbestos exposure may have occurred.

Other Jobsites:

• Brownfields
• Fargo, ND Flood Areas
• Natick Labs
• Libby, Montana

Few people, however, are aware of another occupational danger faced by United States troops the threat of exposure to asbestos. Because this issue is not necessarily made public, it is safe to assume that no immediate action has been taken to limit exposure to this potentially harmful substance.

Asbestos in the Middle East

According to documents dating back to 2003, approximately $194,000 (USD) worth of chrysotile asbestos (also known as “white asbestos”) was imported to Iraq. Unlike Egypt and Saudi Arabia, its Middle Eastern neighbors, Iraq has not placed any sort of ban on asbestos use, and not one Middle Eastern country has ratified International Labour Organization Law Number 162, which was instituted at the 1986 Asbestos Convention. The ILO No. 162 outlines health and safety procedures related to asbestos, including regulations for employers put forth in an effort to protect the safety of all workers. Because ILO No. 162 is not in effect in Iraq, there are essentially no laws protecting workers and other individuals including U.S. military personnel from the adverse effects of asbestos exposure.

U.S. Military Personnel and Asbestos Exposure

Our nation’s troops certainly have ample concerns, and worrying about potential asbestos exposure should not be one of them. Asbestos materials may be present in a number of locations in Iraq, including military housing and other structures used by military personnel, and if U.S. troops are unaware that these buildings contain asbestos, they cannot take the appropriate measures to protect themselves from exposure.

Asbestos in older buildings is only harmful if inhaled or ingested. If asbestos-laden structures are damaged, asbestos fibers can become airborne, putting individuals present at risk of inhalation. Those exposed may not experience symptoms of asbestos disease for decades, which often makes it difficult to pinpoint when and where the individual was actually exposed.

In a place of war, asbestos-laden buildings are often destroyed using explosives, which puts U.S. troops and other individuals at risk of inhaling airborne asbestos fibers and dust. In addition, troops may be exposed to asbestos brake pads in older vehicles, or even while searching or conducting missions in Iraqi homes and commercial buildings, many of which have been abandoned and are now crumbling and in need of serious repair.

Protecting U.S. Troops from Asbestos Exposure

In an effort to maintain the health and safety of U.S. military personnel in Iraq, appropriate safety gear goggles and masks, for example should be distributed to troops and worn whenever they are in areas where asbestos exposure may occur. In addition, troops should be screened for respiratory disease upon returning to the United States, and close monitoring of their respiratory health should continue every few years.

Sources

International Ban Asbestos Secretariat
International Labour Organization
Occupational Cancer Convention

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Jobsites by City:

Manhattan

• World Trade Center
• Caddell Drydock
• Penn Station
• Grand Central Station
• Madison Square Garden
• New York Plaza
• Pan Am Building
• Rockefeller Center
• Con-Ed Excavation Work
• Con-Ed Powerhouse – 14th St.
• Con-Ed Powerhouse – 74th St.
• Con-Ed Powerhouse – A St.
• Con-Ed Powerhouse – E. 72nd St.
• Con-Ed Powerhouse – East River Generating Station
• Con-Ed Powerhouse – Hellgate Station
• Con-Ed, E. 14th St.
• Con-Ed – W. 65th St.

Brooklyn

• Brooklyn Navy Yard
• Todd Shipyards Brooklyn

The Bronx

• Co-Op City

Queens

• JFK Airport
• Lefrak City

Syracuse

• Carrier Corporation
• H. S. Kaiser Co., Veterans Administration Hospital
• I.B.M.
• Money Insurance Building
• Onandaga City Savings Bank
• Sibley Project, Phase B
• Syracuse University
• Towers Apartments
• VA Hospital
• Vincent J. Smith Comm. Hospital
• Warehouse 918 Canal St.
• Warren St. Parking Garage

Rochester

• Bee Bee Station
• Kodak
• Oden Bach Shipyard
• Red Cross Building
• Russel Station
• St. Mary’s Hospital
• University of Rochester Dining Hall

Elmira

• Chewing Canal Trust Co.
• Coburn School
• Elmira Hospital
• General Electric
• New York Telephone Building

Buffalo

• Food Machinery Corp.
• Hooker Chemical Plant
• Huntley Station
• Main Place at Pearl & Court St.
• Police Headquarters Garage
• Sealtest Foods Inc.
• Temple Beth Zion

Albany

• A.J. Eckert
• Albany Five & Ten Cent Bank
• Albany Government Center
• Albany Housing Project
• Albany Medical College
• Albany Power Plant
• Albany South Mall
• Albany State Mental Hospiptal
• Albany Steam Station
• Albany VA Hospital
• Albany Vetrinarian Hospital
• Beacon Oil
• Cebro Oil Co.
• G.A. Fuller
• Glenmont Power Station
• Lincoln Housing
• New Dorm-Albany State Teachers
• Niagara Mowhawk Powerhouse
• Sheridan Ave. Steam Station

Utica

• St. Elizabeth Hospital
• St. Mary’s Hospital

Watertown

• Ny State Highway Garage

New York Mesothelioma Treatment:

Memorial Sloan-Kettering Cancer Center
Tel: 212-639-2000
Address: 1275 York Avenue New York, NY 10021

One of the most general work areas containing asbestos was the metal works industry. Due to the unique qualities of asbestos (such as its durability and fire and heat resistance) metal industries used it extensively in insulating metal materials. Those who would be most susceptible to exposure would be those who worked in steel yards, mines and railroads. Asbestos dust could have been present in any area of those environments. Certain products, however, are more likely to have been the source of the dust and airborne fibers in those areas. These products include thermal insulation, steam pipes, hot water pipes, gaskets, brakes and clutches.

The aftermath of asbestos exposure is extremely dangerous. If you or a loved one has been exposed to asbestos through years of work at a metal industry, contact a doctor immediately to receive a complete physical and testing for asbestos related diseases. A proper diagnosis will help your physician determine the best mesothelioma treatment.

Metal Works Listings

Illinois

• Acme Metals, Inc.
• Chicago Heights Steel
• Keystone Steel and Wire
• Northwestern Steel and Wire

Maine

• Bath Iron Works

Ohio

• LTV Steel Company

Oregon

• Willamette Iron & Steel Yard

Washington

• Reynolds Aluminum