Mesothelioma - Law Questions:

Q: LEGALLY, WHO IS RESPONSIBLE FOR THE CONSEQUENCES OF MY ASBESTOS-RELATED DISEASE?
A: Workers in construction, shipyards and powerhouses were exposed to asbestos on the job. In New York and other states, workers compensation laws generally bar lawsuits by an employee against his employer for exposure to asbestos. However, the worker can bring so-called "third party" lawsuits against the manufacturers of the asbestos products to which the worker was exposed. In cases where asbestos is brought into the home and a family member of the worker develops an asbestos-related disease, the employer may be held responsible as well.

Q: HOW CAN THE ASBESTOS MANUFACTURERS BE HELD RESPONSIBLE AFTER SO MANY YEARS?
A: Many of the large manufacturers of asbestos-containing products (ACPs) were well aware of the dangerous health consequences of asbestos exposure in the 1930s, but counted on statutes of limitation and asbestos workers' false sense of security to shield them from legal liability. Because there are no immediate adverse health effects from asbestos exposure, and because the asbestos-related diseases of mesothelioma, lung cancer and asbestosis can take from 15 to 40 years to develop (the "latency period"), asbestos workers developed a false sense of security that the product was safe to use. In the past, statutes of limitation (the deadline for bringing a lawsuit) were often unfair, measuring the time to bring suit from the date of exposure. By the time the victimized worker discovered the dangers of the past exposure, it was too late to hold the manufacturer legally responsible. Fortunately, the law responded and developed to remedy this inequity. In New York, the deadline for bringing the lawsuit against the asbestos manufacturer is three years from the date of discovery of the asbestos-related disease, but other factors such as death may shorten the deadline.

Q: CAN THE ASBESTOS MANUFACTURERS BE HELD RESPONSIBLE, EVEN IF I NEVER WORKED DIRECTLY WITH ASBESTOS?
A: In New York and other jurisdictions, the law holds the manufacturers of ACPs legally responsible for everyone injured by their dangerous and defective products, including those who did not work directly with asbestos. Remember that asbestos is an aerodynamic mineral which travels. Accountants and other "white collar" employees of asbestos manufacturers have developed mesothelioma because of the proximity of their offices to asbestos manufacturing and processing operations. Sadly, even the spouses and children of asbestos workers have developed mesothelioma because the worker carried the asbestos into the home on his work clothes. The law permits redress for these innocent victims of corporate wrongdoing.

Q: HOW DO I CHOOSE A LAWYER TO REPRESENT ME?
A: First and foremost, your lawyer should be experienced in representing plaintiffs (victims) in asbestos litigation. This country has plenty of lawyers, but relatively few are experienced in representing asbestos plaintiffs. (Delaney & Desautels is the only firm based in New York's Capital litigating on behalf of mesotheliotics.). Your lawyer must be familiar with the (literally) thousands of asbestos products which were manufactured this century, because in New York and other jurisdictions, identification of the particular manufacturer of the ACP is required to bring suit against that manufacturer. Because of the latency periods for development of the asbestos-related diseases, the quest for product identification is always a journey back in time, and you need an experienced guide. Your lawyer must also be experienced in complex litigation, because ACPs were present in so many kinds of products used in the construction, powerhouse and shipbuilding trades, workers were commonly exposed to multiple types and brands of ACPs, and it is common to sue twenty or more manufacturers. It goes without saying that your lawyer should be an experienced trial attorney. Finally, and perhaps most importantly, because you will be working with your lawyer while battling a terrible disease, your lawyer should be compassionate and available to answer your questions, some of the most important questions of your life: how will I endure this process and triumph against the asbestos companies, when I am in pain? How will I provide for my family? Such questions should never be brushed aside or foisted off upon a paralegal. The choice of your asbestos lawyer must and should be a personal one. You should be comfortable in communicating with your asbestos lawyer. This may be one of the most important "gut" decisions you will ever make.

Q: HOW CAN I HOLD AN ASBESTOS MANUFACTURER RESPONSIBLE IF I CANNOT REMEMBER THE NAME OF ITS PRODUCT?
A: Sometimes, despite a plaintiff's best efforts, he or she cannot remember or cannot possibly know the brand or product name of the ACP to which he or she was exposed. Fortunately, many of the ACPs used at specific powerhouses, shipyards, factories and major construction sites have been identified in earlier litigation by other plaintiffs. If you worked at one of these sites, your lawyer should be aware of and able to retrieve this information to hold the manufacturers responsible, even if you cannot remember or do not know the names of the ACPs to which you were exposed.

Q: WHY IS IT IMPORTANT TO CHOOSE A LAWYER EARLY IN THE DISEASE PROCESS OF MESOTHELIOMA?
A: Simply put, to preserve your testimony, your best evidence, for use in your lawsuit, especially at trial. In the early stages of mesothelioma, symptoms may be relatively mild. You may experience shortness of breath and loss of energy, but your mind and memory remains the same. However, you may soon be faced with surgery, radiation therapy, chemotherapy or other therapies which will sap your strength and ability to concentrate. In the latter stages of the disease process, you may have to resort to medication to fight the pain. Painkillers can impair long and short-term memory, and in turn weaken your testimony, and your chances at trial. Your testimony is the best evidence of how you were exposed to asbestos, who witnessed your exposure, and the ACPs that you were exposed to. Your lawyer can arrange for preservation of your trial testimony by videotaping, on an expedited basis. THE EARLIER IN THE DISEASE PROCESS THAT YOU CHOOSE A LAWYER, THE BETTER YOUR CHANCES OF PRESERVING THE BEST EVIDENCE IN YOUR CASE B YOUR TESTIMONY.

Q: HOW LONG WILL IT TAKE TO BRING MY SUIT TO TRIAL?
A: The process can take months or years, depending on the jurisdiction. In cases of exposure occurring in New York City, it is possible to obtain an expedited trial setting within six months of filing of the lawsuit. Wherever the suit is filed, your lawyer should know the best ways to get your case set for trial as soon as possible. While many cases and individual defendants settle before trial, your lawyer should always be prepared to go to trial. A reputation for thorough preparation and the willingness to go to trial translate into better results for clients.