ASBESTOS EXPOSURE LAWSUITS

Can You Sue For Asbestos Exposure?

An asbestos claim or lawsuit ordinarily refers to a legal claim against an entity responsible for causing a person to be injured as the result of exposure to asbestos.

An asbestos lawsuit, or civil action, is filed in a court of law against solvent (non-bankrupt) companies who may be legally responsible for a person’s asbestos exposure.

With bankrupt companies, asbestos claims can be made outside of court with a bankruptcy trust fund that has been established to compensate those who have suffered asbestos-related injuries as the result of exposure to asbestos from the bankrupt company’s products.

Suing for asbestos exposure requires that a person must have sustained an injury from asbestos exposure. If no injury exists, there may be other legal actions you can file for, such as property damage, however, to be compensated for a personal injury, a person must establish that they have an asbestos related injury.

These FAQs relate to asbestos claims and lawsuits based on a personal injury. The most common asbestos caused injuries are:

• Mesothelioma: A cancer of the lining of the bodily tissues, including the pleura and peritoneum
• Lung cancer: A cancer arising in the lung tissue
• Asbestosis: Scarring of the interstitial lung tissue that meets the medical standard for this disease

What Types of Companies May Be Legally Responsible in an Asbestos Claim or Lawsuit?

The following are examples of the types of companies that may be legally responsible for causing an asbestos related injury:

Bankrupt Companies

Many companies who made asbestos-containing products entered into bankruptcy proceedings through which “trust funds” were established for present and future “claimants” who were injured or who would suffer injury in the future from past exposures to the bankrupt company’s products.

Many of these companies were reorganized in the bankruptcy proceedings and continue to do business today, but cannot be sued in the court system due to the bankruptcy proceedings which established the trust claims proceedings as the sole remedy against the company for asbestos related claims.

Manufacturers of Asbestos Products

Many companies that manufactured and sold products that contained asbestos are solvent companies that may be sued in an asbestos lawsuit depending on the facts of the case. These companies include manufacturers of joint compound, floor tile, roofing and siding materials, caulking, gaskets, packing, insulation, boilers, pumps, valves, turbines and other equipment and materials.

Raw Asbestos Fiber Companies

Several companies who mined and sold large amounts of raw asbestos fiber in the United States can be sued in an asbestos lawsuit depending on the facts of the case. These companies sold asbestos in large bags to companies that used the asbestos to make asbestos-containing products.

Suppliers of Asbestos Products

Depending on the facts of a particular case, companies that did not make asbestos-containing products, but sold them in retail stores or through distribution channels may be legally responsible in an asbestos case.

These companies include companies ranging from asbestos insulation distributors who sold and delivered large amounts of asbestos to commercial jobsites to retail stores that stocked and sold various asbestos-containing product lines.

Asbestos Contractors

Companies that used asbestos-containing products on job sites and failed to take appropriate precautions to protect workers in the vicinity may be liable for damages in an asbestos lawsuit depending on the facts of the case.

Premises Owners

The landowner, or premises owner, can be sued in an asbestos lawsuit depending on the facts of the case, including the manner in which the asbestos was used and the role that the premises owner may have played in causing or failing to prevent the unsafe condition.

Designers or Engineers

The company that designed a building and specified the use of asbestos may be liable in an asbestos lawsuit, particularly when asbestos was specified for use in the construction of the building and asbestos-free materials of the same or similar utility could have been specified.

Employers

In most jurisdictions, a person’s employer cannot be sued in a civil action, but rather is only subject to a worker’s compensation claim. However, in some jurisdictions, the employer may be sued in a civil case, depending on the facts and circumstances of the case.

Can More Than One Company be Legally Responsible?

Yes. Most of the time, this is the case. In fact, it is well-established that asbestos-related diseases, including mesothelioma and lung cancer, are caused by a person’s cumulative (total) exposure to all asbestos that they had in their lifetime.

Commonly, a person’s asbestos exposures come from a large number of products and therefore many companies may be legally responsible. The law in all, or nearly all, jurisdictions recognizes that there can be multiple causes of the same injury.

What Evidence is Needed for an Asbestos Claim or Lawsuit?

To recover money in an asbestos claim from most bankruptcy trusts, a person must present evidence of a diagnosis with an asbestos related disease and proof of exposure to products from the bankrupt company sufficient to satisfy the rules of the particular trust.

For some bankruptcy trusts, proof of exposure may only require evidence that a person worked at a particular jobsite and performed a particular type of work or had regular contact with the work clothing of someone who performed such work. In a civil action, however, the amount of evidence needed for a claim is more demanding. In an asbestos lawsuit, the plaintiff must plead and prove specific legal claims, including, for example, the following.

A common claim in an asbestos lawsuit is “negligence”, which asserts that the defendants (companies being sued) did not exercise reasonable care in manufacturing, selling or using asbestos-containing products. Many companies were negligent because they sold asbestos-containing products without adequately warning about the dangers. In fact, many companies provided absolutely no warnings.

Another common legal claim is “strict liability” or “products liability”, which asserts that the manufacturer or seller of the product is liable for selling a product that was “unreasonably dangerous” or “not reasonably safe” for its intended use.

To satisfy legal claims in an asbestos lawsuit, the person with the asbestos-related disease often gives sworn testimony in a deposition and, if necessary, at trial. The testimony of co-workers or other eyewitnesses may sometimes be available and useful in proving legal claims in an asbestos lawsuit.

Asbestos Exposure Compensation

Bankruptcy trusts usually pay asbestos victims who qualify for payment a set amount of money based primarily on the disease that the person has.

Mesothelioma claims typically receive the highest compensation. However, asbestos bankruptcy claims pay reduced amounts of money and cannot fully compensate asbestos victims for their immense suffering.

In an asbestos lawsuit filed in court, a person can seek “compensatory damages,” which are designed to compensate a person for the injury. Compensatory damages may include a monetary value of pain and suffering, medical expenses, and lost earnings.

The spouse of a person who suffers from an asbestos related disease may be able to receive damages for “loss of consortium” or “loss of services”. For all these types of compensation, the plaintiff (person injured or family of the injured person bringing the lawsuit) must first prove that at least one defendant is liable at trial. In some jurisdictions, a plaintiff is able to recover punitive damages, which are designed to punish a company for wrongdoing and deter others from engaging in similar conduct.

To prove punitive damages, the plaintiff must prove wrongful conduct beyond negligence. This may require a showing that the defendant acted in reckless disregard to a known risk or acted maliciously or intentionally in harming the plaintiff.

What Are the Time Limits for an Asbestos Claim or Lawsuit?

There are strict time limits for asbestos claims and lawsuits known as “statute of limitations.” The particular statute of limitations varies from state to state, and may be as short as one year or as long as several years from the date of diagnosis.

In many states, there is also a separate statute of limitations applicable to wrongful death claims and it runs from the date of death. It is important to consult an experienced asbestos exposure attorney as early as possible, so that you can learn what the statute of limitations is for your case.

Can an Asbestos Claim or Lawsuit be Filed if the Person Who Developed the Disease is Now Deceased?

Yes, so long as the applicable statute of limitations has not expired. To determine this, it is very important that you speak with an experienced asbestos lawyer right away. In most states, the damages of the decedent “survive” the person’s death and those damages can be sought by a personal representative of decedent’s estate, such as the surviving spouse.

Also, wrongful death statutes permit certain surviving family members to seek financial compensation resulting from the death of their loved one.

Will Asbestos Lawyers Work On A Contingent Fee Basis As Opposed To An Hourly Fee Basis?

Yes, the standard attorney fee arrangement in asbestos cases is for the attorney and the client to sign a “contingency fee contract,” in which the attorney law firm receives a set percentage of any money recovered in the case. This means that the attorney does not receive any fee unless money is recovered for the client.

The attorney will typically “advance” all the reasonably necessary case-related expenses and then be reimbursed for those expenses out of the recovery. The terms of the contingency fee agreement are governed by the particular contract signed between the attorney and client.

How Much Are Asbestos Claims Or Lawsuits Worth?

This very much depends on the particular facts of the case. You should be very suspicious of any attorney that promises that a case is worth a certain amount of money. An asbestos case can result in a very small recovery or very large recovery depending on the evidence in the case.

Do Most Asbestos Lawsuits Go to Trial?

No. Most asbestos lawsuits settle before trial. However, it is important to be represented by a law firm that is prepared to go to trial if necessary and is recognized by defendants and insurance companies for their expertise in trial.

In some instances, it may be in the best interests of the client to proceed to trial. The decision about whether to settle the case or go to trial is made by the client, after consultation with the attorney, based on the facts of the particular case.

Attorneys for Asbestos Exposure

Levy Konigsberg (LK) is a national trial law firm that has been representing victims of asbestos related diseases and their families for close to 30 years.

The firm has recovered hundreds of millions of dollars for families affected by asbestos and, in 2013, was named the Plaintiff’s Law Firm of the Year for Product Liability by U.S. News and World Report. LK has won landmark asbestos exposure lawsuit settlements, including the largest compensatory damages verdict ever upheld on appeal in a mesothelioma case.

LK is also a philanthropic firm that has donated substantial amounts of money for mesothelioma research and efforts to raise awareness about asbestos.

Why Choose Levy Konigsberg?

Since the 1980s, Levy Konigsberg has evolved into a nationwide powerhouse for mesothelioma litigation in the U.S. Our national mesothelioma lawyers have represented numerous individuals and groups of workers, successfully securing multimillion-dollar settlements and verdicts.

Our top-rated mesothelioma lawyers have:

• A massive knowledge of asbestos law and science
• Decades of experience to their legal practices
• Tried hundreds of asbestos and mesothelioma cases before juries
• Secured record mesothelioma and asbestos compensation verdicts
• Achieved some of the highest peer reviews and ratings available
• Helped hundreds of satisfied clients

Additionally, we offer:

• A caring and understanding approach to your case
• Personalized attention and counsel based on each unique case
• No upfront costs for handling your mesothelioma case
• Fast and efficient handling of your mesothelioma case
• Frequent case updates and reliable attorney accessibility

Understanding the science of asbestos exposure is an invaluable resource. One of the many benefits of our early involvement in mesothelioma litigation is our access to pioneering researchers and experts in this complex and ever-changing medical field. We put these experts to work on behalf of our clients, in the courtroom and in treatment of their disease.

Our lawyers bring to bear on every case a level of experience that can only come from decades of working together toward a common goal—maximum compensation for mesothelioma victims and their families.

Each new generation of mesothelioma attorneys at the firm acquires the skills, techniques, and knowledge of our senior partners through mentoring relationships. Not only does this benefit every lawyer, but it also benefits our clients in the form of consistently successful representation.

A Long History of Success in Mesothelioma Cases

Countless lawyers who advertise themselves as mesothelioma attorneys have never actually handled an asbestos case before. In fact, they refer them out to real mesothelioma lawyers for a fee.

That is not how we operate.

We are true, experienced mesothelioma attorneys who personally work on each case from beginning to end. We are always happy to meet our clients, whether at our New York, New Jersey, California, Georgia, Washington, or Maryland offices, at a client’s home or hospital, or anywhere in the country.

Our legal team has succeeded by negotiating tirelessly with manufacturers of asbestos products and their insurance companies, no matter how influential or uncooperative they are. We are even often able to recover compensation from companies that have long been bankrupt.

Most defense lawyers are familiar with our solid reputation and credentials and know in advance that we will not settle for less than the best possible offer. They know that we build every mesothelioma and asbestos case as if it is going to trial, and we have taken hundreds of cases to juries when a fair settlement had not been offered.

The mesothelioma attorneys at Levy Konigsberg have also served as lead counsel in major state and federal mass consolidation cases designed to benefit many hundreds of people diagnosed with mesothelioma and other types of asbestos-related diseases.

We are proud of the work our lawyers do on behalf of our clients, often in groundbreaking cases against the toughest defendants. Our law firm has obtained landmark asbestos and mesothelioma jury verdicts for exposures to welding rods, cable, asbestos gaskets and packing, commercial talc, and industrial equipment, including the first-ever jury verdicts against welding rod, cable, and commercial talk manufacturers.

Our law firm is frequently referenced by the legal press for our association with the largest and landmark asbestos and mesothelioma verdicts in virtually every category, including various jurisdictions, types of asbestos products involved, and forms of asbestos exposure.

We have recovered hundreds of millions of dollars in compensation for victims of mesothelioma and asbestos cancers, and we are prepared to fight for you.

Providing Your Case with the Individual Attention It Deserves

Unfortunately, many law firms today use a generalized approach to handling cases of the same type, even those as complex as mesothelioma cases.

With a goal of cutting back on the time spent on each case, they use broad-brush practices and techniques to process cases as fast as they can, often risking the possibility of missing important details in a case and, thus, undermining the goal of negotiating the best possible compensation for their clients.

Contrary to such mentality, we treat every case as if it was our only one. We investigate each case with a team of lawyers, paralegals, and leading experts in the field, all while being in constant communication with the clients, to ensure that we have done everything we could to reach the full potential of each individual case.

In many courts, mesothelioma cases are treated urgently and given high priority. This is particularly true if the claimant is alive. In some jurisdictions, the entire case can be resolved within four to five months; in others, it can take longer.

Here, at Levy Konigsberg, our mesothelioma cancer attorneys do everything possible to avoid delays and move our clients’ cases as quickly as we can. We accomplish this in large part due to the coordinated work of our team members and the fact that every mesothelioma case goes through a strict control and supervision, including regular follow-ups and reviews by the lead lawyers.

Our mesothelioma attorneys update clients on a regular basis, so that they always know of every important development on their case and that it is being taken care of. Our lawyers and support staff take every phone call with a high level of priority and try to answer them on the spot.

If unavailable at that very moment, we call clients back as promptly as possible. It is not uncommon that our mesothelioma attorneys provide clients with their personal cell phone numbers to address any urgent questions that the clients may have in the future.

Reach Out to Our Award-Winning Mesothelioma Attorneys Today for a Free Consultation

Our mesothelioma attorneys fight for justice on behalf of innocent people, including the victims of deadly asbestos exposure. Companies that knew the threat asbestos poses must be held accountable for the illnesses and harm that resulted from their negligence. If you were exposed to asbestos, the mesothelioma lawyers at Levy Konigsberg are ready to help.

Our partners have been honored with an AV® Preeminent™ rating, the highest given, from the nationwide Martindale-Hubbell® Peer Review Ratings™. Year after year, our partners are designated by their peers as Super Lawyers® and as the Best Lawyers® in America.

While we are proud of our awards and accolades, our clients remain the central and most important part of our practice. Their satisfaction is our top priority. We understand that every client’s case is their whole life. Our attorneys treat each client with the care they deserve, addressing their unique needs and doing our utmost to help them put their life back together as much as possible.

We offer a free initial consultation, and cover the expenses of building your case, so there is no cost to you unless we recover compensation for you.

We have offices located in New York, New Jersey, California, Georgia, Washington, and Maryland. Many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States. You are encouraged to contact us with any questions.

Cases of Asbestos Exposure

• Asbestos Exposure At Lilco
• Asbestos Exposure Bowline Powerhouse Haverstraw New York
• Asbestos Exposure Charles Pfizer Plant Brooklyn New York
• Asbestos Exposure Eastman Kodak Rochester New York
• Asbestos Exposure Kentile Floors Brooklyn New York
• Asbestos Exposure Roseton Generating Station Newburgh New York
• Asbestos Exposure Todd Shipyard Brooklyn Hoboken
• Asbestos Exposures Aes Hickling Generation Plant Corning New York
• Asbestos Exposures Aes Jennison Bainbridge New York
• Asbestos Exposures Albany Steam Station
• Asbestos Exposures Alcoa Massena New York
• Asbestos Exposures At Huntley Generating Station Tonawanda New York
• Asbestos Exposures Beesley Point Generating Station Cape May New Jersey
• Asbestos Exposures Consolidated Shipbuilding Bronx New York
• Asbestos Exposures Danskammer Generation Station Newburgh New York
• Asbestos Exposures Dunkirk Generating Station New York
• Asbestos Exposures Federal Shipbuilding Drydock Kearny New Jersey
• Asbestos Exposures Fitzpatrick Nuclear Plant Scriba New York
• Asbestos Exposures General Dynamics Plant Avenel New Jersey
• Asbestos Exposures General Electric Schenectady New York
• Asbestos Exposures Ginna Nuclear Power Plant
• Asbestos Exposures Greenidge Generation Plant Dresden New York
• Asbestos Exposures Hudson Generating Station Jersey City New Jersey
• Asbestos Exposures Kintigh Generating Station Barker New York
• Asbestos Exposures Military Shipyard Terminal Bayonne New Jersey
• Asbestos Exposures Milliken Power Station Lansing New York
• Asbestos Exposures National Lead Company Sayreville New Jersey
• Asbestos Exposures Nine Mile Point Nuclear Generating Station Oswego New York
• Asbestos Exposures Oyster Creek Nuclear Generating Station Forked River New Jersey
• Asbestos Exposures Orange and Rockland’s Lovett Power Plant – Tompkins Cove, New York
• Asbestos Exposures Proctor Gamble Staten Island New York
• Asbestos Exposures Pseg Linden Generating Station Linden New Jersey
• Asbestos Exposures Reynolds Metals Company Massena New York
• Asbestos Exposures Salem Nuclear Generating Station Hope Creek Generating Station Salem County New Jersey
• Asbestos Exposures Samuel Carlson Generating Station Jamestown New York
• Asbestos Exposures Suffered Beebee Station Rochester New York
• Asbestos Exposures Suffered C R Huntley Generating Station Tonawanda New York
• Asbestos Exposures Suffered Indian Point Nuclear Plant Buchanan New York
• Asbestos Exposures Suffered Kearny Generating Station Kearny New Jersey
• Asbestos Exposures Suffered Mercer Generating Station Hamilton New Jersey
• Asbestos Exposures Suffered Orange Rocklands Lovett Power Plant Tompkins Cove New York
• Asbestos Exposures Suffered Russell Station Rochester New York
• Asbestos Exposures Westover Power Station Johnson City New York

Mesothelioma News

• New Jersey Mesothelioma Lawyer Helps Obtain Ruling on Equipment Liability
• Levy Konigsberg Teams With Mesothelioma Clients to Help Get Talc Out Of Baby Powder
• Levy Konigsberg Co-Counsel In $750 million Baby Powder Punitive Damages Verdict Against J&J
• Levy Konigsberg Co-Counsel In $37 million Baby Powder Verdict Against J&J
• LK Wins $325 Million Mesothelioma Verdict Against Johnson & Johnson for Asbestos in Baby Powder (This case is currently awaiting final review on appeal)
• Boston Jury Awards $43.1 Million Verdict in Cigarette Smoking-Asbestos Exposure Lung Cancer Trial
• LK's Historic $117 Million Verdict in Johnson & Johnson's Baby Powder Mesothelioma Trial
• LK Wins Ruling Allowing Mesothelioma Ship Worker’s Case To Proceed in New York
• Levy Konigsberg Wins Ruling in Mesothelioma & Asbestos Brake Case
• LK Mesothelioma Department - Highlights and Lessons Learned in 2017
• A Letter of Gratitude To Our Dear Veterans
• LK Wins $16.5 Million Verdict In New York’s First Cosmetic Talc Trial Involving A Woman With Peritoneal Mesothelioma
• LK Wins Mesothelioma Ruling for Navy Serviceman and Family
• Mesothelioma Law Firm Collects $7.98 Million for Power Plant Worker
• Kayaking for Mesothelioma: Reflections on a Father-Son Trip
• Levy Konigsberg Wins Motion on Behalf of U.S.S. Roan Navy Veteran Who Developed Mesothelioma in New York
• New York City Judge Rules that Asbestos Lung Cancer Case Can Proceed to Trial – Levy Konigsberg, LLP Successfully Argues Defendant Waived their Right to Cross-Examine
• Levy Konigsberg Wins $7 Million Mesothelioma Verdict in NY’s First Ever Asbestos Contaminated Consumer Talcum Powder Trial

Since the 1970s, our founding partners were pioneers in championing the rights of asbestos and mesothelioma victims. In fact, Stan Levy was the first personal injury lawyer in the Northeast to pursue an asbestos case and one of the first mesothelioma attorneys in America.

Later, in 1985, he formed Levy Konigsberg with a mission to apply his extensive experience and legal knowledge to seek justice and financial compensation on behalf of asbestos and mesothelioma victims across the United States.

Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers.