Inspite of this documented knowledge of the risk of asbestos, the manufacturers failed to warn workers of these dangers, and how to protect themselves.  In the late 1960´s and early 1970´s when the manufacturers finally got around to start to warn about asbestos, these warnings were deliberately inadequate and did not provide needed information for workers to protect themselves.

For example, no warning was given about the risk of asbestos causing cancer.  No warning was given about the safe clean up practices, no warning was given about the adequacies and inadequacies of respirators.

YOUR ASBESTOS LAWSUIT

The typical asbestos case which is filed against the asbestos manufacturers usually proceeds in the following manner.

First, a new client or his or her family are interviewed extensively by one of the lawyers of CBMC. The medical records of the injured worker are secured through medical authorizations signed by the workers or his family. After the medical records are reviewed and the nature of the disease and its relationship to asbestos are determined, a Complaint, can be filed against the asbestos manufacturers and/or suppliers.

The defendants who are sued are determined and based upon the information provided by the injured worker or his family, and by the attorneys at CBMC based on their experiences in other similar cases.  Interrogatories or questions raised by the asbestos defendants are answered by the attorneys and staff at CBMC with the help of their clients.

A discovery deposition is taken by the defendants' attorneys of the injured party and/or the representative of his or her estate. The attorneys at CBMC spend a great deal of time with their clients preparing them for the deposition, explaining what questions probably will be asked, and how the client should conduct themselves at the deposition.  An attorney from CBMC attends the deposition with the client and protects the client's interest and assures that the deposition proceeds appropriately. The deposition is taken to establish the type and the situation under which the injured worker had exposure to asbestos and, if known, who made the asbestos to which the worker was exposed. The plaintiff is also asked about his or her medical condition, who their doctors are and what treatment he or she has received. There are other background questions which are also asked about the plaintiff's family, education and the like.

Co-employees are interviewed and they are deposed or give Affidavits about who made the asbestos products the injured worker worked with or around. The attorneys at CBMC also conduct discovery of the defendant-manufacturers and its sales representatives about whether invoices and knowledge exists about the shipment of products to the plaintiff's work sites.

The defendants typically file legal proceedings called Motions for Summary Judgment in an attempt to be dismissed from the lawsuit on the basis that there is no evidence of the plaintiff's exposure to their asbestos products. The local court then hands down decisions about which of the defendants in the case it will proceed against and which defendants are dismissed from the lawsuit.

Where appropriate, the CBMC attorneys have medical examinations conducted by a doctor or doctors of the plaintiff and have any pathological materials or x-rays reviewed by specialists to establish that plaintiff's diseases were caused by asbestos.

A Pre-Trial Statement is filed with the court and settlement negotiations are conducted by the CBMC attorneys who attempt to settle with individual defendants, and with all of the defendants. Settlements can occur during any part of the case, but typically do not occur until the case is listed for trial. The vast majority of asbestos cases settle prior to trial, but generally it is only the threat of trial which forces the defendants to settle the plaintiff's case.

It is difficult to estimate how long the typical case will take, but where the case has numerous complexities and where it is difficult to locate the identity of the asbestos products and their manufacturers, the time the case takes can vary. The factors include the court and jurisdiction where the case is filed, and how quickly cases come on the trial list in that county or state.

The attorneys at CBMC will not negotiate any settlement without your knowledge and approval. You will be kept informed while the case proceeds and you will be able to make decisions which are informed and in your family's best interest.