April 15, 2024

The Legal Process for Victims of Asbestos-Related Diseases

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Legal Process
Asbestos

If you or a loved one has recently been diagnosed with an asbestos-related disease such as mesothelioma, lung cancer, or asbestosis, you’re likely facing a barrage of concerns, from health to finances. The legal team at Serling & Abramson, P.C. is here to ease your burden by guiding you through the asbestos legal process. Our goal is to pursue justice and compensation on your behalf while allowing you to focus on your health and family.

Deciding to pursue a lawsuit can be daunting, but the legal process is more straightforward than you might expect. Here’s an overview of what you can expect when you choose Serling & Abramson, P.C. to handle your asbestos-related claim.

Step 1: Legal Consultation

The first step in the asbestos legal process is a free consultation with our experienced attorneys. You can initiate this by calling our office or filling out a form on our website. We will arrange a convenient time for you to meet with our team, which includes skilled investigators and seasoned lawyers. During this consultation, we will discuss the details of your asbestos exposure and identify the sources of that exposure.

These conversations can take place in person, over the phone, or via video conferencing. We’ll explore possible locations and times when the asbestos exposure might have occurred. Many victims do not initially remember all the places or products where they encountered asbestos-containing materials. However, with our extensive database, compiled over 50 years of handling similar cases, we can identify specific asbestos-containing products and the companies responsible for manufacturing them.

Step 2: Contingency Fees

After gathering sufficient evidence and if you decide to move forward, we’ll ask you to sign a contingency fee agreement. This agreement ensures that if Serling & Abramson, P.C. does not recover any compensation for you, there is no fee. Our firm does not charge hourly fees; we receive a percentage of the monetary recovery, whether through settlement or verdict. This approach allows you to pursue justice without the stress of upfront legal costs.

Step 3: The Discovery Process

Once your lawsuit is filed, the next asbestos legal process is the discovery phase. This is a critical phase in asbestos litigation that involves collecting relevant medical records, answering written questions (interrogatories), and providing spoken testimony through a deposition. The discovery process requires extensive knowledge of asbestos laws and experience in handling complex litigation.

As a client, you will be involved primarily during the discovery phase, particularly during the deposition. During a deposition, you will provide sworn testimony that is transcribed by a court reporter. This testimony can later be used at trial if necessary. If the asbestos victim has passed away before providing testimony, the Personal Representative of their estate will participate in the deposition on their behalf.

Our attorneys will be by your side throughout the discovery process, guiding you and ensuring that your testimony and responses to interrogatories are clear and accurate. The information gathered during discovery is vital to building a strong case against the responsible parties.

Step 4: Reaching a Settlement

Following the discovery phase, there is often an opportunity to resolve the case through settlement negotiations. During this asbestos legal process, Serling & Abramson, P.C. will engage in discussions with the defendants (typically the companies responsible for manufacturing the asbestos-containing products) to reach a fair settlement on your behalf.

Before entering negotiations, our attorneys will review the strengths and weaknesses of your case with you. We will provide our professional opinion on whether accepting a settlement or proceeding to trial is in your best interest. However, the final decision always rests with you, the client. Most asbestos-related cases are settled before reaching trial, but if a settlement is not achieved, the case will move forward to a jury trial.

Trust Us to Simplify Your Involvement

At Serling & Abramson, P.C., we understand that a devastating medical diagnosis and the resulting financial hardship can be overwhelming. Our attorneys are committed to making the litigation process as seamless and stress-free as possible for you and your family.

Unlike many other law firms, Serling & Abramson, P.C. has extensive experience in asbestos litigation. This experience allows us to handle your case efficiently and effectively, providing you with the best possible outcome. We keep you informed at every stage of the process and ensure that your case is built on a solid foundation of expertise.

Asbestos-Containing Materials: The Hidden Danger

Asbestos-containing materials were widely used in various industries, particularly in building construction, throughout much of the 20th century. These materials include insulation, roofing, flooring, and even certain household products. Asbestos fibers, when disturbed, can become airborne and pose serious health risks when inhaled or ingested.

Identifying Asbestos in Building Materials

Asbestos was commonly used in building materials due to its durability, heat resistance, and insulating properties. Unfortunately, these same properties made asbestos a silent killer, as exposure to its fibers can lead to severe health conditions, including lung cancer and mesothelioma.

Common building materials that may contain asbestos include:

  • Thermal insulation: Used in pipes, boilers, and ducts.
  • Floor tiles and vinyl flooring: Often found in older homes and commercial buildings.
  • Roofing materials: Including shingles, felt, and tar paper.
  • Cement products: Such as siding and roofing.
  • Ceiling tiles and textured paint: Common in schools and public buildings.

The Importance of Asbestos Regulation

To mitigate the risks associated with asbestos, strict regulations have been implemented. The Occupational Safety and Health Administration (OSHA) and the U.S. Environmental Protection Agency (EPA) are the primary agencies responsible for asbestos regulation. These regulations set permissible exposure limits, require proper handling and disposal of asbestos-containing materials, and mandate regular air quality monitoring.

The Role of Asbestos Abatement Contractors

Asbestos abatement contractors are trained professionals responsible for safely removing asbestos-containing materials from buildings. Their work is crucial in preventing the release of asbestos fibers during renovation or demolition projects. Asbestos abatement involves several steps, including sealing off the affected area, using specialized equipment to remove the asbestos, and ensuring that the asbestos waste is properly disposed of according to federal regulations.

Health Effects of Asbestos Exposure

Exposure to asbestos can lead to several severe health effects, the most notable being mesothelioma, a rare and aggressive cancer that affects the lining of the lungs, abdomen, or heart. Other health effects include asbestosis (a chronic lung disease) and lung cancer. The risk of developing these diseases increases with the duration and intensity of asbestos exposure.

Pursuing Asbestos Lawsuits

If you or a loved one has been diagnosed with an asbestos-related disease, pursuing a lawsuit may be a viable option to obtain compensation. Asbestos lawsuits typically target the manufacturers of asbestos-containing products, building owners, and other entities responsible for exposing individuals to asbestos.

Types of Asbestos Claims

There are several types of asbestos claims, including personal injury lawsuits, wrongful death lawsuits, and asbestos bankruptcy trust claims. Personal injury lawsuits are filed by individuals diagnosed with an asbestos-related disease, while wrongful death lawsuits are filed by the families of individuals who have passed away due to asbestos exposure. Asbestos bankruptcy trust claims involve filing a claim against a trust established by bankrupt asbestos companies to compensate victims.

The Legal Process in Asbestos Cases

The legal process for asbestos cases follows a structured path, beginning with a legal consultation, moving through the discovery phase, and often culminating in a settlement or trial. Throughout this process, your legal team will gather evidence, including medical records, employment history, and testimony, to build a strong case.

Importance of Medical Records

Medical records play a crucial role in asbestos litigation. They provide evidence of the diagnosis, the progression of the disease, and the treatment received. These records help establish the link between asbestos exposure and health conditions, which is essential for proving liability in a lawsuit.

Record Keeping and Asbestos Regulations

Proper record-keeping is vital in asbestos cases, particularly when it comes to documenting exposure history and compliance with asbestos regulations. Companies are required to maintain records of asbestos-containing materials, exposure assessments, and abatement activities. These records can be critical in proving negligence or wrongdoing in asbestos lawsuits.

The Role of Asbestos Inspectors and Professionals

Asbestos inspectors and professionals are essential in identifying and assessing asbestos hazards in buildings. They conduct inspections, collect samples, and analyze materials to determine the presence and concentration of asbestos fibers. Their findings are crucial in deciding the necessary steps for asbestos abatement and in providing evidence for legal cases.

Airborne Asbestos and Health Risks

Airborne asbestos fibers pose significant health risks, particularly in environments where asbestos-containing materials have been disturbed. Inhalation of these fibers can lead to the development of serious respiratory conditions, including mesothelioma and lung cancer. Ensuring air quality and minimizing airborne asbestos exposure is critical in protecting public health.

Permissible Exposure Limits and Federal Regulations

Permissible exposure limits (PELs) are regulatory limits on the amount of asbestos fibers that workers can be exposed to during their workday. OSHA sets these limits to protect workers from the dangers of asbestos exposure. Adhering to these limits and other federal regulations is essential for ensuring workplace safety.

The Importance of Legal Representation in Asbestos Cases

Navigating the complexities of asbestos litigation requires experienced legal representation. A knowledgeable asbestos attorney can guide you through the legal process, gather necessary evidence, and advocate for your rights. At Serling & Abramson, P.C., we are committed to providing the highest-quality legal representation for victims of asbestos exposure.

Why Choose Serling & Abramson, P.C.?

Serling & Abramson, P.C. has over five decades of experience handling asbestos-related cases. Our extensive knowledge of asbestos law, combined with our dedication to our clients, makes us a trusted resource for individuals and families affected by asbestos exposure. We have successfully represented thousands of clients, securing substantial settlements and verdicts on their behalf.

Conclusion: Seek Justice with Serling & Abramson, P.C.

If you or a loved one has been diagnosed with an asbestos-related disease, don’t wait to seek legal help. The legal process may seem daunting, but with the right team by your side, you can pursue justice and obtain the compensation you deserve. Serling & Abramson, P.C. is here to support you every step of the way. Contact us today for a free consultation and let us help you navigate the complexities of asbestos litigation.

In summary, the legal process for asbestos-related claims is a comprehensive journey that involves multiple steps, from the initial consultation to potential settlement or trial. At Serling & Abramson, P.C., we strive to make this process as straightforward as possible for our clients, offering our expertise in asbestos law and our commitment to achieving the best possible outcomes.