Current and potential clients often ask: “What happens in an asbestos lawsuit?”Every case we handle has unique facts and circumstances, but the lawsuits we bring on behalf of someone afflicted with mesothelioma, asbestosis, or asbestos-cancer, usually have some things in common. Let’s take a look at the general process of an asbestos lawsuit.

Initial Client Contact for an Asbestos Case

When a potential client approaches our office, the initial contact is often with our intake department. This starts an information-gathering process. We ask potential clients to provide us with essential information about themselves, their family members, their work history, their exposure to asbestos, and their medical history. We also obtain releases so that we can order employment and medical records.

We file most of our cases in Missouri and Kansas, but not every person has a viable case in these states. If we conclude, after reviewing all the facts, that a case should be filed in another state, we call upon the most appropriate attorney in our long-established, national network of attorneys.

We make a recommendation to the potential client that we associate with an attorney who practices in the most appropriate jurisdiction for the case. It is very important to file an asbestos case in the right jurisdiction, and we believe that this decision should be made at the beginning of the process rather than mid-stream.

When we take on a new client, both parties sign a retainer agreement. This is a contract between client and our firm, and sets forth the details of our representation and the contingency fee structure. We charge no fee without a settlement or jury verdict in your favor. An attorney from our office will meet with the client to go over these matters in detail.

Filing the complaint in an Asbestos Lawsuit

The case formally begins when we file the complaint against all companies that we believe are, or might be responsible for, the asbestos exposure that caused our client’s health problems. These might include:

• Asbestos Mining Companies
• Manufacturers, Distributors, and or Brokers of Asbestos Products
• Insulation Contractors
• Other Contractors Whose Workers Used Asbestos Products (such as sheet-metal, or fire-proofing contractors)
• The General Contractor(The company or person in charge of construction and safety at a building site)
• The owner(s) of the sites where exposure occurred.

Determining which companies to sue is a complex matter. We usually file suit against more than a dozen defendants, and sometimes three times as many. Because we have handled asbestos cases for more than 20 years, we have extensive resources to enable our attorneys to make well-informed decisions about who to sue, and how to go about it. We have an extensive document archive, and a database of records and depositions.

Discovery in Asbestos Litigation

"Discovery" is a legal term, but it really means nothing more than the process for all the parties in a lawsuit to discover things relevant to the lawsuit.  Attorneys discover things by asking written questions (called interrogatories) and asking for documents (subpoenas and requests for production of documents.) The defendants find out things about the plaintiff, such as employment, marriage and medical history. On behalf of the plaintiff, our attorneys find out relevant information about who was responsible for the asbestos exposure at different places and at different times.

One form of discovery that directly impacts every client is the deposition. This is a legal proceeding that takes place in or near the plaintiff's home or at our offices. The plaintiff, under oath and on videotape, answers questions asked by the attorneys. We ask the first round of questions. Then the attorneys for the defendants have their chance to ask questions. The deposition is sometimes over in a couple of hours, but it can last more than a day. Our attorneys meet with the client before a deposition to explain what will happen, and address the client's concerns. We protect our client’s legal rights throughout the deposition.

Conducting a Thorough and Complete Investigation in Asbestos Litigation

Meanwhile, we continue to gather information from many sources, working to identify the asbestos products that the client was exposed to, and to identify the companies responsible for the products and for "safety" at the site where our client was exposed to asbestos. We are likely to contact co-workers, review depositions, visit libraries and archives, search our records collections, contact other law offices that might have information on the topic, access government document collections, and examine company records.

If our client is in poor health, this stage of the case is usually compressed into a couple of months. However, if there is no medical urgency, the back and forth of the discovery process between plaintiffs and defendants can extend over many months.

What to do with Bankrupt Defendants in an Asbestos Case

Over the years, a number of asbestos companies have filed for bankruptcy. Many have set up settlement trusts that are separate from the litigation process. While moving the case towards trial, we also submit claim forms and negotiate with these settlement trusts. The money received from these trusts is generally much less than would have been received had they been in the litigation, and the terms of payment are often delayed over many years, but we have no control over this.  We do the best we can under the circumstances with the settlement trusts.

Preparing for Trial and Reaching Settlements in an Asbestos Case

As soon as possible, we ask the court to put the case on the trial calendar. When a client is in poor health, we shorten the discovery process and ask the judge to expedite the case by moving it rapidly to the top of the trial calendar.

Putting the case on the court's trial calendar also marks the beginning of serious settlement negotiations. We consult with the client and enter into negotiations with the defendants. We present each defendant with a demand that is reasonably based on that company's share of liability in the lawsuit. We have settlement programs with several major defendants that give our cases favorable treatment.

Many defendants choose to settle once presented with the evidence against them, but we often start trial against one or more defendants. It frequently happens that during the course of jury selection the remaining defendants agree to settle; others settle during trial. It is unusual for a case to go all the way to a verdict.

Asbestos trials usually last about a month with evidence being given by treating doctors, oncologists, pathologists, pulmonologists, industrial hygienists, co-workers, the client and his or her family, and others.

Resolution of an Asbestos Case

When a case goes through to verdict, the losing party or parties usually appeal. This means that the final outcome of the trial can be delayed for many months or even years.

When each defendant settles, the plaintiff and family members have to sign a release. This document releases that defendant from further responsibility in the matter - meaning that the plaintiff cannot sue the defendant again for the same thing.

There is also the question of how to distribute the money. It usually has to be divided, or apportioned, between the injured person and his/her dependents. One of the first requests we make to a new client is to sit down with an attorney who handles wills, estates and probate matters to review their entire estate plan or create a new one.

Having a current, clear and accurate assignment of one's property - including the potential value of the pending asbestos lawsuit - goes a long way towards making the settlement and money distribution process a smooth one. Once all the parties have signed the release document, payment is usually made within three months

If the client dies before we have resolved the case, we have to put the personal injury case on hold while we file a wrongful death case. Then we consolidate the cases, and pick up the process of discovery, trial preparation and settlement negotiation where we left off.

There is no precise formula for a mesothelioma or asbestosis case. These are complex cases.  However, we have a great deal of experience bringing them to a successful settlement or verdict.  We keep in close contact with our clients, and are always available to answer questions and give an update on the case. 

Time Limits in Bringing Asbestos Claims

There are time limits for filing an asbestos claim. The time limits are referred to in legalese as the “statute of limitations. The time limits differ depending on the state, the court and even the type of claim. You should receive personal advice as to what statutes of limitations apply to your claim. Contact us immediately to discuss your options.

Telephone: 816-836-5050
Toll Free: 877-436-3692

Humphrey, Farrington & McClain, P.C.
Assisting People in Missouri and Kansas in
Mesothelioma Litigation and other Asbestos Lawsuits
221 West Lexington, Suite 400
Independence, Missouri 64050