Tag: asbestos

Lots of asbestos lawsuits have been filed as class actions. Am I better off, for purposes of damages, to file individually rather than as a member of a class?

Class Action Asbestos Lawsuit Injury Law

Lots of asbestos lawsuits have been filed as class actions. Am I better off, for purposes of damages, to file individually rather than as a member of a class?

Not necessarily. In many class action lawsuits, the company being sued will be faced with many lawsuits, both class action and individual. Generally, the class action cases end up receiving the greatest amount of damages to disburse to the members of the class. In many cases, you are less likely to have the money run out before you are compensated if you are part of a class.

Do not be surprised, however, if your attorney recommends that parts of your lawsuit are handled as class actions while other parts are handled as individual lawsuits. For example, the best way to get any damages out of an asbestos manufacturer that is close to bankruptcy may be to join a class action where everyone will get some amount. The position that the party being sued finds itself in has a great deal to do with a determination of whether to go with a class action or an individual action.

Class actions generally result in overall smaller damage awards to all members of the class. However, if a class action has already been filed and you can still join or if a class action is about to be filed and you can still join, you may be better off joining as once the class action is finished, there may not be any money left in the company to compensate those who have filed individual actions and, if you are a member of the class, you will at least receive something.

If a company has not yet been hit with a class action, if the company has extremely deep pockets so that the proposed class action won’t take up all the money, or if your particular case involves damages that are highly unusual and go well beyond what others in a class might be compensated for, your attorney may recommend filing an individual action.

Awards on individual cases are completely based on the circumstances of that particular case and what jurisdiction the case is brought in. Therefore, the following examples of awards in asbestos exposure cases are for your information only and should not be relied on by you in terms of what you can necessarily expect in your case.

. New York – $19.5 million

. Texas – $11.1 million

. Minnesota – $8 million

. Illinois – $34.5 million ($9.1 million in compensatory damages, $25.4 million in punitive damages)

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Can family members bring suit on behalf of asbestos victims? How are the damages calculated?

Asbestos Family Lawsuit Injury Law

Can family members bring suit on behalf of asbestos victims? How are the damages calculated?

In most states, families can bring a wrongful death action based on a loved one who has died from asbestos exposure, as long as the lawsuit is filed within the period of time allowed by law.

You will, however, receive damages for different things than if the lawsuit had been filed by your loved one. Your damages will be based on loss of companionship, the mental anguish you have suffered as a result of the death, future loss of financial contributions, funeral and related expenses, medical expenses, the pain and suffering your loved one had before death, and, rarely, punitive damages or loss of inheritance. For example, the actual medical, funeral, and burial expenses will be reimbursed to you. A spouse may receive damages for loss of consortium – essentially, the loss of the marital relationship – which may be based in part on how much longer, statistically, the marriage would have lasted given the ages of the parties. A spouse may also receive damages for loss of economic opportunity, or the loss of the income that the deceased would have brought into the family until retirement. This can, in some states, also become an item of damages for children, particularly young children, called loss of inheritance. Mental anguish and suffering by the spouse and family members as well as pain and suffering of the deceased that was witnessed by the spouse and family members will also have a dollar figure assigned. While these are very subjective damages, and difficult to put a dollar amount on, insurance adjusters and the courts are very experienced in figuring out what dollar amount does apply to these types of damages.

See our section on pain and suffering damages for more information. For more specific legal information about your particular case, contact a lawyer or a law firm who specializes in asbestos lawsuits.

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My employer says it will take care of everything if I just sign a waiver of some sort. Should I do this?

Asbestos Waiver Injury Law

My employer says it will take care of everything if I just sign a waiver of some sort. Should I do this?

Absolutely not! Presumably, the waiver somehow limits your damages or limits your employer’s liability and exposure. Your employer may have the best intentions of completely taking care of you . . . now. But if you sign that waiver, your employer can change its mind at any time in the future. And then when you try to get additional damages, your employer can hide behind the waiver that you voluntarily signed as proof that it does not have to do anything more for you.

That said, courts often overlook waivers of liability if it appears that the person who signed it did not have any bargaining power – such as in the case of a waiver that you sign so that you can get into an amusement park. You had to sign the waiver or you could not go to the park, so you did not really have the ability to bargain about whether you would sign the waiver or what it would say. In this case, however, your employer will argue that you were not being threatened with termination in order to get a signed waiver and therefore, the court should find that you knowingly waived your rights to future compensation and the company will not owe you anything further. You would argue, conversely, that the implication of not signing the waiver was that you would be fired and that you did not have any bargaining power. This argument can be bolstered if you know of any employees who did not sign the waiver and were terminated.

Furthermore, if your employer is bought out by another company, that company will most certainly point out that its liability is limited by the waiver and refuse to follow through on what you were promised. For example, if you are working for Company A now and you sign this waiver and Company A is later bought by Company B, Company B may come back and say that you have already been compensated by Company A so you will not receive any further compensation. Also be aware that many companies, when they purchase a company, specifically refuse to accept liability for any outstanding cases that the company being bought is involved in. So Company B could come back to you and say that you have to find the principals of Company A and get compensation from them because Company B is not liable to you for anything.

This is one situation that you need to consult with an attorney who deals with asbestos cases. You need to make sure that you do not do anything that may prevent you from asserting your rights to damages from your company or any other company who may be involved in your asbestos exposure. Your attorney will help you determine all the possible liable parties and what you need to do to prove your case, and your attorney will work to settle your case fairly, if possible, or present it to a jury so that you receive the amount of damages that you deserve.

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I can no longer manage the stairs in my house. Can I receive money to help me remodel or move?

Asbestos Home Improvement Injury Law

I can no longer manage the stairs in my house. Can I receive money to help me remodel or move?

If you are unable to use your residence without substantial modification, you may be able to receive money to help you either remodel your existing residence or move to a new, more suitable residence. However, most asbestos litigation takes a fair amount of time. If you need to make the changes to your house now or if you need to move now, you will probably be reimbursed for your expenses later. However, remember that it may be years before you see those damages and that getting any damages is not guaranteed – do not invest significantly more money than you can afford into modifications or moving, thinking that you will receive reimbursement quickly.

Furthermore, the amount you receive may be reduced somewhat if the modifications or move benefit other family members as well. For example: if you spend $10,000 to install a lift on your stairs so you can get upstairs and you are the only one that uses the lift, you may be able to recover the entire $10,000. However, if you spend $100,000 for an addition to your house on the first floor to add a bedroom and bathroom so you don’t have to go upstairs, and your spouse also uses the bedroom and bathroom, you may only be able to recover for the part that has benefited you – probably no less than $50,000 and possibly more than that.

The parties who are found to be liable for your asbestos related illness would be the parties who would also pay for these damages; in other words, your asbestos attorney would include costs of remodeling or moving in any settlement offer or in any request to the court for damages. These damages, however, should be fairly easy to claim as they are compensatory – they compensate you for an exact amount of money that you had to spend.

Your damages will be much more difficult to prove if, for example, you want to be compensated for the emotional distress of having to move from your home of 35 years. Though subjective factors, such as emotional distress, are important considerations in evaluating a claim, putting a dollar and cents amount is a difficult task because there is no objective measurement. The most effective way to demonstrate a subjective factor, such as emotional distress, is to visit a doctor and report your complaint. The doctor’s medical report will add value to your claim.

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My employer says that it was unaware of any asbestos exposure. Is my employer still liable?

Unaware Asbestos Exposure Injury Law

My employer says that it was unaware of any asbestos exposure. Is my employer still liable?

Most likely, yes. It is extremely unlikely that your employer was unaware of any asbestos exposure. The dangers of asbestos exposure have been well-documented in the industry for many decades, and most employers that worked significantly with asbestos knew of these dangers. It is far more possible that your employer turned a blind eye towards any exposure to try and limit its liability.

Furthermore, your employer is responsible to you for exposures to dangerous substances in the workplace, whether the employer knew of the exposure or not. The reason being is that when you go to work for an employer, that employer has a duty to provide you with a reasonably safe workplace. If your employer fails to provide a reasonably safe workplace with respect to asbestos exposure, either by making sure that you are not exposed to asbestos or by providing you with proven, effective safety equipment, your employer is liable to you for injuries you receive, including chronic, long-term injuries related to asbestos exposure.

The avenue of recovery that you have against your employer is through filing a workers’ compensation claim. This is a somewhat streamlined process that exists to get money to you faster when an employer’s actions or inactions have physically harmed you. You may also be able to bring separate, civil lawsuits against the manufacturers or suppliers of the asbestos and/or the manufacturers of any safety equipment that you were issued. An attorney experienced in handling asbestos cases can help you determine all possible liable parties and how to structure your case.

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My employer says it provided me with state-of-the-art equipment to prevent my exposure to asbestos. Are they still liable for my asbestosis, and if not, who is?

Asbestos Preventive Equipment Failed Injury Law

My employer says it provided me with state-of-the-art equipment to prevent my exposure to asbestos. Are they still liable for my asbestosis, and if not, who is?

Your employer may still be liable to you, in part, for your asbestosis. Much of the safety equipment that was available did not, in fact, protect against asbestos exposure, and a percentage of the employers using that equipment were aware of this fact. If yours was, they will be liable for part of your damages. For example, your employer may have given you a dust mask to wear, but may have purchased dust masks that were not rated to filter out asbestos particles. Your employer will have records of the safety equipment ordered and used, and your attorney can work with these records to discover whether appropriate equipment was provided to you.

Additionally, the manufacturer of the safety equipment may be liable for your damages under two theories of product liability which will form the basis of a successful case: (1) the safety equipment did not work correctly, or (2) the equipment was ineffective at protecting you from asbestos exposure.
In number (1), although you wore the equipment as instructed, it did not perform as it should have and unreasonably exposed you to the very danger it was supposed to be protecting you from.
In number (2), the manufacturer of the safety equipment simply did not produce equipment that was effective and your injury was caused by poor design. Proving a design defect is generally harder since it delves into the reasoning why a manufacturer technically choose one design over another. You can expect both sides to call experts to try and prove that these choices were appropriate. If you can prove the manufacturer knew the particular piece of safety equipment was not effective at filtering out asbestos particles but still marketed it for that use, the manufacturer may be exposed to a punitive damage risk – in other words, damages may be assessed for the purpose of punishing the manufacturer for producing ineffective equipment. This is not an unusual situation, so your attorney will want to investigate exactly how and why the safety equipment failed.

Finally, the manufacturer or supplier of the asbestos may also share in the liability for creating and distributing an unreasonably dangerous product that caused your illness. This is also a product liability claim in that you were, presumably, using the asbestos as it was intended to be used but the exposure to it made you sick because the product is unreasonably dangerous.

The possible breakdown of a product liability asbestos lawsuit and parties may look like this:

A. Against the employer:

(1) If your employer did buy equipment marketed as being effective against asbestos exposure and trained you in its use, your employer may have very limited or no liability.

(2) If you were supplied with this equipment and refused to use it, your damages may be significantly reduced because you contributed to your illness – a theory called contributory negligence. So, for example, if you refused to wear a respirator because it was uncomfortable, your employer may be able to successfully argue that your illness was actually caused by your actions – or lack of action, in this case.

B. Against the manufacturer:

(3) If the manufacturer did not realize that its safety equipment products were ineffective, it will still be liable to you for supplying an ineffective product. Your damages from the manufacturer in this case might not amount to much, unless your asbestos attorney can show that the manufacturer didn’t conduct sufficient testing to really be able to say whether the safety equipment was effective or not. Your damages may also be increased if the manufacturer actively promoted the products as being effective when they were not.

(4) If the manufacturer knew the safety equipment product was ineffective and still marketed and sold it as being effective against asbestos exposure, you may be able to claim punitive damages from the manufacturer or, at the very least, the manufacturer’s liability will be increased.

C. Against the supplier of the asbestos:

(5) If the asbestos supplier simply provided asbestos without doing anything to warn about the dangers of asbestos exposure, the supplier may share in the liability to some extent. There may be a small change in how much damages are awarded based on how well they warned end users of the danger of asbestos exposure, but that is rare – in other words, if the supplier tried to make end users aware of the dangers, it may help reduce the damages that they are required to pay.

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I think I have been exposed to asbestos over the years from more than one employer. Who do I go after in an asbestos lawsuit? How can I get proof?

Asbestos Exposure Multiple Employer Injury Law

I think I have been exposed to asbestos over the years from more than one employer. Who do I go after in an asbestos lawsuit? How can I get proof?

This is exactly the situation where you are best off working with an attorney who is experienced in dealing with asbestos exposure cases. The trades that typically involved the heaviest asbestos exposure include insulating, pipefitting, boilermaking, shipbuilding, working in power plants, working in chemical plants, working in refineries, construction, carpentry, working with brakes, and working with railroad engines. You and your attorney will essentially reconstruct your work history to determine every job that you held in one of those industries or any other job that you held that might have involved asbestos exposure. Your asbestos attorney can then work to find out which jobs actually, or most likely, did expose you to asbestos, so that you can institute lawsuits against every possible employer, asbestos manufacturer, or safety equipment manufacturer.

Identifying the manufacturer and the specific asbestos products, and even your past work history, can seem challenging, but it is the lawyer’s job to work with you to discover the responsible parties. Most companies, even those that have merged or gone out of business, still have records to indicate what products and safety equipment were used and, in some cases, the manufacturers of the products and safety equipment may also have those records.

Even though memories of job sites and products are hard to reconstruct after decades and placing the product on the job site where you worked is difficult, it is not impossible and attorneys who have worked with this type of litigation know how to get this information. Do not let the passage of time since your possible exposure or your feeling that it will be almost impossible to get the information you need stop you from contacting an attorney who is experienced in dealing with asbestos exposure cases.

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If I was exposed to asbestos at work, is anyone besides my employer liable?

Exposed Asbestos Work Injury Law

If I was exposed to asbestos at work, is anyone besides my employer liable?

Besides employers who knowingly exposed workers to asbestos, asbestos lawsuits usually have arisen from against three types of defendants: (1) suppliers of raw asbestos fiber; (2) manufacturers of asbestos products; and (3) manufacturers of safety equipment.

The courts have held the suppliers of raw asbestos fibers and the manufacturers of asbestos products liable for making an unreasonably dangerous product under the legal theory of “product liability.” This theory states that a manufacturer of a product that is unreasonably dangerous when used as it is intended to be used is liable for damages resulting from the use of that product. While the suppliers and manufacturers have argued that they did not intend asbestos to be inhaled, the courts have found that this was a foreseeable occurrence when working with asbestos and have held them liable. However, most of these manufacturers and suppliers have declared bankruptcy, so damages are limited and sometimes nonexistent.

For many years, the safety equipment provided by some employers was completely ineffective against asbestos, a fact which was known to the manufacturers of that safety equipment. For example, some manufacturers of dust masks marketed those masks as filtering out asbestos fibers; however, it has now been determined that the masks did not filter out asbestos and the manufacturers knew this at the time they were marketing them in that way. Therefore, even if you were issued safety equipment, you will want to investigate what safety equipment your employer gave you and whether that equipment was actually safeguarding you against the effects of asbestos exposure. The manufacturer of the equipment may try to defend by stating that it did not know whether or not the equipment would protect against asbestos exposure. However, if the equipment was marketed as protecting against asbestos, that defense will fail. And if the safety equipment you were issued was not rated and not marketed as protecting against asbestos, you will have additional evidence of liability against your employer.

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The manufacturer of the asbestos products I was exposed to was put out of business. And my employer was bought out by another firm 8 years ago. What happens now?

Asbestos Exposure Out Of Business Injury Law

The manufacturer of the asbestos products I was exposed to was put out of business. And my employer was bought out by another firm 8 years ago. What happens now?

There still may be some avenues of liability open to you.

First, are you absolutely certain that only one manufacturer made the asbestos products you were exposed to? It is more likely that there were multiple manufacturers involved. Second, even though your employer was bought out by another company, the liability to you for your exposure still exists. Either the purchaser of your employer took on that liability when it purchased the company, or the principals of your employer retained that liability when they sold the company. However, if the principals of your former employer retained liability, it may be difficult to find them or they may not have many assets to provide for a settlement. Third, was there any protective equipment that you used at the time of your exposure? If so, and if that equipment did not work effectively, the manufacturer of the equipment may also be liable to you.

You will want to consult with an attorney experienced with asbestos-related injury cases. He or she will be able to do the investigation necessary to determine whether one or more asbestos manufacturers or suppliers are involved here. Your asbestos attorney will also investigate the sale of your employer – how the sale handled possible future personal injury claims – whether the principals from the old company can be found and if so, whether there is any money to go after there. Your attorney will also see if there is some theory under which the new company can be held liable. Did you work for that company for any length of time and if so, were you exposed to asbestos at that time as well? Your attorney will also look into whether protective safety equipment was issued and if it was, whether it was defective and whether the manufacturer knew about it. Your situation may seem hopeless, but these are familiar issues to attorneys who have been working with these types of cases for any length of time.

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I have rented the same apartment for 20 years. In doing some changes in the apartment as well as the building complex, the contractor released a large amount of asbestos in the air when he removed the floor tiles and I have become increasing sick. The owner and onsite landlord turn a deaf ear. Who is responsible for my asbestos exposure?

Home Abestos Exposure Injury Law

I have rented the same apartment for 20 years. In doing some changes in the apartment as well as the building complex, the contractor released a large amount of asbestos in the air when he removed the floor tiles and I have become increasing sick. The owner and onsite landlord turn a deaf ear. Who is responsible for my asbestos exposure?

There are many possible responsible parties here. As in all cases, the asbestos manufacturer may be partially liable for producing an unreasonably dangerous product. The contractor shares in the liability for releasing the asbestos into the air. Measures should have been taken to either contain the asbestos release or make sure that the area was sufficiently cleaned up before you were allowed to go back in. The owner of the property may also share in the liability for not having the asbestos removed safely, for not having the asbestos cleaned up sufficiently, and for not giving you proper safety equipment during the time you were exposed to the asbestos.

Your attorney will first want to find all possible parties in this case who might be found to be liable to you for damages. Although it seems somewhat cold-blooded, one of the issues that will be considered is which of the parties has the deepest pockets; in other words, who is going to be able to pay the most damages – and try to show that the majority of the liability belongs to that party. It is unlikely that all parties will be found to share the liability equally. In particular, the manufacturer of the asbestos may already be in bankruptcy due to other cases, and may not be able to contribute much to the end result. Your attorney will be able to determine which parties are most liable and how it affects your ultimate damage award.

During settlement discussions or during a case, a monetary award will be determined and each defendant will be assigned to a certain percentage of the damages. Part of this calculation is often based on which defendants have the deepest pockets; in other words, which defendants are more likely to be able to pay larger damage awards. However, usually the percentage of damages assigned is related to how much of the liability that particular defendant shares. For example, if $100,000 was awarded, the employer might be found to be 60% at fault (resulting in $60,000 in damages), the manufacturer might be found to be 35% at fault (resulting in $35,000 in damages), and the supplier might be found to be 5% at fault (resulting in $5,000 in damages). This determination will be made by the jury.

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