Generally, the manufacturer, distributor, supplier or installer may be liable for causing someone’s asbestos related disease or Mesothelioma.
In some jurisdictions, an employer may be liable for the intentional exposure to asbestos containing products, while in other jurisdiction, employers are shielded by Worker’s Compensation laws that prevent recovery for exposures more than 5 years earlier.
Most asbestos diseases don’t manifest themselves for 30 years, so an employer may not be liable for an asbestos related disease even when the only exposure to asbestos is at the victim’s place of employment.
Time and faded memories can be obstacles to recovery in asbestos disease cases. People claiming injury must prove exactly which manufacturer asbestos containing products caused their injuries. Families may never know exactly which types of products a now deceased loved used during a long career in the trades.
Lee has investigated thousands of cases personally and combine over 20 years investigating cases in the field with the vast database he personally created to assist in answering this crucial question.
The legal discovery process, years of personal case investigation, has yielded a vast knowledge of suppliers of asbestos containing products to many of the jobsites in West Virginia, Pennsylvania, Ohio, New York, Maryland, and Michigan that Lee has investigated in asbestos litigation since 1988.
If someone is exposed to an asbestos product sold by a supplier, later develops disease caused at least in part by that asbestos product, the suppliers, and not just the manufacturers, who sold or distributed asbestos containing products or otherwise placed the product in the stream of commerce remain liable to victims of asbestos related disease.
Many different contractors, subcontractors, employers installed asbestos containing products at jobsites West Virginia, Pennsylvania, Ohio, New York, Maryland, and Michigan using both Union Insulators (Members of The Asbestos Workers and Heat and Frost Insulator Unions).
In addition, surprisingly, there were once more than 3,000 different products marketed that contained asbestos, so many trades, both Union members and non members, may have used asbestos in their careers. It is not uncommon for Pipefitters, Millwrights, Steamfitters, Boilermakers, Electricians, Mechanics to be exposed to asbestos on industrial and commercial jobsites like Steel Mills, Chemical Plants, and Power Stations.
Hundreds of companies, manufactured thousands of products containing asbestos. A vast library of deposition and trial testimony, hundreds of sworn discovery answers by Defendant asbestos companies over more than 20 years, aids Lee in establishing exactly which products substantially contributed to the the disease now related to asbestos that you or a loved one suffers.
Lee created a database early in his career to use technology to aid the Plaintiff in establishing exactly which brands were responsible for the disease, especially since many years have past since exposure to the asbestos containing product.
Lee has successfully litigated household exposure cases where the only known exposure to asbestos is from a loved ones clothes worn home from work, filthy with asbestos containing dust from steel mills, coal mines, chemical plants, power houses and other industrial and commercial facilities. In complex cases, someone with the experience to ask the correct questions at the beginning of the litigation process. Difficult cases questions require experience combined with, Lee’s vast library of asbestos information.
Mesothelioma and asbestos-related litigation have been taking place for more than 30 years. Many companies in an effort to avoid liability filed bankruptcy, though many of these companies remain in business and profitable.
The following companies were required to establish a trust to fund victims of asbestos exposure: A&I Products, A-Best Products Company, ACandS, Inc., Armstrong World Industries, Inc., Artra Group, Inc., ASARCO, Inc., Babcock & Wilcox, Burns and Roe, Celotex Corp., C. E. Thurston & Sons, Christy Refractories Co., Combustion Engineering, Congoleum Corporation ,Eagle-Picher Industries, Federal Mogul Corp. (Ferodo, Flexitallic and Turner & Newall), G-I Holdings Inc., Halliburton Harbison-Walker/A.P. Green, H.K. Porter, Inc. ,Johns-Manville Corporation, Kaiser Aluminum, Keene Corporation, National Gypsum Company, Owens Corning/Fibreboard, Pacor, Inc., Pittsburgh Corning, Plibrico, Porter-Hayden Company, Raytech Corporation, Shook & Fletcher Insulation Company, T. H. Agriculture & Nutrition, United States Mineral Products Company, USG Corporation, and Pfizer/Quigley.
Each of these Asbestos Company bankruptcy trusts has different requirements that must be fulfilled in order to successfully process a claim. Lees database developed over 20 years can aid in establishing where these bankrupt companies products were used on jobsites.
There is medical evidence that states that if you smoked and were exposed to asbestos, the risk of lung cancer is significantly heightened. A smoking history, exposure to asbestos and later developing lung cancer, smoking will not necessarily preclude recovery.
At The Law Offices of Lee W. Davis, Esquire, L.L.C. I am dedicated solely to the representation of the individual. We do not represent insurance companies.
Scores of individuals have been harmed by asbestos and each year many consider filing suit against companies and individuals who are to blame for their mesothelioma diagnosis. However, many of these same victims are concerned about asbestos litigation costs.
That concern is certainly valid because these individuals, in many cases, have already experienced the skyrocketing costs involved with diagnosing and treating their disease. Often, mesothelioma patients are faced with burgeoning medical bills and other expenses as they make their way through the steps involved in their care. Many of these individuals are retired or unable to work because of their disease, so the bills no doubt seem staggering. So why add the cost of a lawsuit on top of that?
Because we work on a contingency basis, asbestos lawsuit costs should not be a concern for anyone considering filing suit. Once I meet with plaintiffs, I will carefully review the case and deem it to be meritorious before moving forward. If there is no recovery, there is no fee, so I will obviously scrutinize the details carefully before accepting the case.
Once I choose to proceed, any legal fees collected thereafter will be based on the amount of recovery we are able to obtain, whether by settlement out-of-court or by court verdict. Furthermore, all elements of the suit will be clearly outlined in an easy-to-read written contract so there’s no need for concern about hidden expenses.
When you work with us, you can rest assured that asbestos lawsuit costs won’t be just another expense to add to your already growing pile of bills. With more than 25 years of experience representing individuals harmed by asbestos, you can be sure that you’ll receive the best representation available and that we’ll do everything it takes to garner the compensation you deserve.
Thus, I usually work on a contingency basis on cases involving injury and on a fee basis if we work on other types of cases, involving for example, Elder Law. If you are injured, this means that your legal fees will be based on the amount of recovery we get for you, whether by settlement or verdict.
In other words, if there is no recovery, there is no fee. If your case is reviewed by me and found to be meritorious, I will inform you of what I believe to be a reasonable contingent fee.
We will provide you a written contract for you to review and for us to explain. The written contract will set forth the percentage of recovery that you will pay as a fee. If you case is fee based, after a free review, legal work will be performed according to a fee contract, written clearly, to explain exactly the work I will perform.
In addition to the contingency legal fee, there are various costs that must be paid to prepare your case. For example, hospitals and doctors charge for copies of medical records, police departments charge for copies of accident reports, court reporters charge for their services, expert witnesses charge fees and there are many other costs, including filing fees, subpoena costs, copying and travel.
It is difficult to estimate the amount of litigation costs and expenses. Clients are required to pay the costs and expenses of litigation. The Law Offices of Lee Davis is permitted under various ethics rules to advance the necessary costs and expenses. However, the costs and expenses will be recovered by The Law Offices of Lee Davis out of your share of any successful recovery of money in the case.
The Law Offices of Lee Davis is dedicated to advancing matters serving West Virginia’s and Pennsylvania working people. No case is too large or too small to receive the necessary commitment of resources to right wrongs that have resulted in injury or death. Virtually everyone in the office has input on some aspect of each case.
The Law Offices of Lee Davis uses a team approach to cases and meets frequently to plan strategy, share information and advance your case. Our experienced trial lawyers will work closely together and with you in the effort to achieve a good result for you. Our team approach allows us to handle the tough battles for you. You know your lawyer.
There is no clear or short answer. Unfortunately, many corporations accused of wrongdoing and negligence and their insurance companies drag their feet and delay the conclusion of the case. The Law Offices of Lee Davis will work hard to develop your case as fully as possible in the timeliest way.
Since we do not get paid unless and until there is a successful resolution of your case or our legal work is concluded according to a clear contract, we will push to advance the conclusion. Unfortunately, there are factors that can delay or speed up your cases.
For instance, the court calendar or docket will dictate when your case may be tried, lawyers and expert witnesses may have conflicting schedules and aspects of the law may change which affect the conclusion of the case.
Many cases are settled. Some are settled early, others after the process of discovering the facts, others in the middle of trial and some during an appeals process. You should know that The Law Offices of Lee Davis always deals from strength, never from weakness. We fully and aggressively prepare every case to go to trial, if your case involves litigation.
We do an investigation, gather the facts, hire the experts, research all necessary aspects, develop themes and obtain needed discovery. We do this because we prepare for the day when we are standing in a courtroom vigorously advocating for you.
As experienced litigators, we do not just take cases and wait around for settlements. It is our belief, grounded in experience, that if every case is prepared as if it were going to trial, the case is more likely to settle for a fair amount because of the strength of our negotiating position.
You do not know whether you have a meritorious claim for monetary damages or what the cost may be until you talk to a qualified attorney.
That is why we offer a free consultation.
Our lawyers have the professional and technical resources to review your situation and evaluate whether you are able to seek full and fair money damages for any loss, injury or death suffered.
Only after a review will the lawyers at The Law Offices of Lee Davis know whether they can represent you.