The first step in a successful filing process is choosing an attorney.
If you decide to file a claim, your attorney will prepare and file the
necessary documents to start your lawsuit. Your case will proceed more
efficiently and you may have the greatest chance for compensation if you
work with an experienced asbestos and mesothelioma attorney.
Why an Attorney is Important
If you worked for a large corporation that has closed or is bankrupt, funds may have been set aside to help pay medical and related expenses for mesothelioma patients. A mesothelioma attorney is knowledgeable about these funds and can help you file a claim. In addition, a mesothelioma attorney is familiar with asbestos manufacturers and can help you determine who is responsible for your suffering.
When you talk to the attorney, be
prepared to discuss past employment, health history and current health
status. For this reason, it is very important to hire a lawyer with whom
you feel comfortable communicating. Get Help Finding an Attorney
Paying Your Attorney
Most mesothelioma lawyers work on a contingency fee basis. This means your attorney only gets paid if you agree to a settlement or win your lawsuit. When you settle or win a case, a percentage of the award will be paid to your lawyer. If not, you pay no attorney fees.Find an Attorney
Get help finding an attorney who knows the process and can get you and your family the compensation you deserve.Shipyards and Asbestos Lawsuits
Because of its ability to resist high temperatures and corrosion,
asbestos was an ideal material to use in the shipbuilding industry.
Naval shipyard workers who served between World War II and the Korean
War were frequently exposed to dangerous levels of asbestos, which
increased their chances of developing mesothelioma and other
asbestos-related illnesses. Many of these veterans have filed
mesothelioma lawsuits to recover the costs associated with the diagnosis
of these diseases.
Gerald Black testified that the asbestos in the 1940s yard "was all over. You had to wallow in it to do your welding." Black reported that asbestos material was tossed around the shipyard "like snowballs," indicating the lack of safety measures taken in Todd shipyards.
In McAllister's case against a handful of companies, a federal court decided Willamette Iron and Steel couldn't simply wait and see if McAllister's widow proved that he had been exposed to asbestos. The court noted the extensive shipyard industry use of asbestos. This industry practice meant that it was the duty of companies to prove they had not used asbestos. McAllister won his claim, and his case was a significant reversal of years of ignoring the hazards of asbestos in American shipyards. McAllister later worked at Lockheed Shipyards in a similar capacity, but a federal court ruled that he was not exposed to asbestos while employed there. Another injured shipyard worker sued Willamette on his own, believing he had not received adequate representation from the union in his claim against the company for exposure. That also was a precedent-setting case because the former worker won on appeal, and the appellate court cited that asbestos would eventually be discovered as being unsafe at any level of exposure and those who created the exposure were liable for it.
Tacoma Dry Dock and Asbestos Lawsuits
Over the decades, Todd Pacific Shipyards, as owner of the Tacoma Dry Dock and later shipyards in the Tacoma area, has faced dozens of claims for injuries caused by asbestos. One case involved Gerald Black, a Washington state man who worked for Todd as a welder from 1942 through most of 1945. Black filed a claim under the longshore and harbor workers act (LHWCA), for asbestos-related injuries. Todd Shipyards argued that Black's later jobs, and not his shipyard work, probably caused Black's injury. A judge disagreed and ordered LHWCA payments to Black.Gerald Black testified that the asbestos in the 1940s yard "was all over. You had to wallow in it to do your welding." Black reported that asbestos material was tossed around the shipyard "like snowballs," indicating the lack of safety measures taken in Todd shipyards.
Galveston Docks
One of the earliest cases occurred in 1984 when shipyard worker Guiseppe Castorina filed a lawsuit against Lykes Brothers Steamship Company "for injuries sustained as a result of exposure to asbestos." Castorina worked at the Galveston Docks from 1955 to 1984. The suit alleged that from 1965 to 1972, Castorina handled burlap bags that contained raw asbestos. In 1979, a doctor diagnosed Castorina with asbestosis, a respiratory disorder related to asbestos exposure. The court dismissed Castorina's claims because he could not show his injury occurred until after a 1972 maritime law revision went into effect. A 2009 case alleges a Galveston maritime worker contracted mesothelioma. Laura Bodin sued a number of companies that employed her late father, Pedro Perez, during the 1960s. The lawsuit claims Perez developed the disease while handling asbestos-containing products and that the companies used improper procedures to manufacture, transport and install the asbestos. Another case filed in 2009 claimed that a laborer at the Todd Pacific Shipyards facility in Galveston contracted asbestos-related breathing problems. According to the original claim, laborer Jesse Frederick Cruz "was required to handle products containing asbestos and was exposed to other asbestos products present in the workplace." Cruz died in 2002 at age 56. His relative, Mary Ann Sparkman, claimed that the company and other defendants did not follow federal regulations regarding the safe handling of asbestos.Willamette Iron and Steel Works
Willamette Iron and Steel former employees filed multiple claims against the shipyard for on-the-job asbestos exposure that caused mesothelioma. One ex-worker, James McAllister, died in 2002 of mesothelioma after working for five years as a shipyard carpenter (1956-60). McAllister performed repairs on a number of U.S. Navy vessels, including destroyers.In McAllister's case against a handful of companies, a federal court decided Willamette Iron and Steel couldn't simply wait and see if McAllister's widow proved that he had been exposed to asbestos. The court noted the extensive shipyard industry use of asbestos. This industry practice meant that it was the duty of companies to prove they had not used asbestos. McAllister won his claim, and his case was a significant reversal of years of ignoring the hazards of asbestos in American shipyards. McAllister later worked at Lockheed Shipyards in a similar capacity, but a federal court ruled that he was not exposed to asbestos while employed there. Another injured shipyard worker sued Willamette on his own, believing he had not received adequate representation from the union in his claim against the company for exposure. That also was a precedent-setting case because the former worker won on appeal, and the appellate court cited that asbestos would eventually be discovered as being unsafe at any level of exposure and those who created the exposure were liable for it.
Curtis Bay Coast Guard Yard
There is at least one known mesothelioma-related lawsuit involving the Curtis Bay Coast Guard Yard and asbestos exposure. In 2003, the estate of Harry Hunter sued Owens-Illinois Glass for providing Kaylo, an asbestos-containing insulation used at Curtis Bay. Hunter, who died from mesothelioma in 2001, had worked as an electrician at Curtis Bay for 33 days during the summer of 1956 while he was in college. The jury awarded Hunter's estate $4.2 million for his wrongful death. The amount was reduced to $600,000 because Maryland state law mandated a liability limit of $600,000.Compensation for Veterans
Our Veterans Department can help you or a loved one file asbestos-related VA Claims and secure other benefits.History of Asbestos Litigation
The history of successful asbestos litigation begins with
plaintiff Clarence Borel. The case of Borel v. Fibreboard Paper Products
Corporation became a landmark lawsuit, setting the stage for decades of
asbestos litigation. Borel's decision to sue and his ultimate victory
gave people exposed to asbestos a new legal path for their grievances
and helped shape a national awareness of the dangers of asbestos.
Borel v. Fibreboard Paper was decided for the plaintiff in 1973, but Borel never heard its final disposition from the U.S. Court of Appeals, Fifth Circuit. He died of mesothelioma in June 1970.
Between 1982 and 2002, the number of asbestos claimants increased from 1,000 to 730,000 while the total number of companies sued went from 300 to 8,400. Some analysts predict that the number of asbestos filings will ultimately top 1 million. As of 2013, the number of asbestos defendants had grown to more than 10,000 companies.
1964 Asbestos Proven to Cause Lung Damage and Disease
In 1964, the medical findings of Drs. Irving J. Selikoff, Jacob Churg and E. Cuyler Hammond proved conclusively that asbestos caused lung damage and disease.1965 Tort Laws Pave The Way for Asbestos Litigation
A 1965 publication by The American Law Institute of the Restatement of the Law of Torts stated in section 402A that anyone "who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is liable for the harm caused by that product to the consumer or end user." It went on to explain that this would not include unsafe products as long as they were "accompanied by proper directions and warning." When the court decided that asbestos manufacturers knew about the dangers of asbestos exposure, but failed to appropriately warn asbestos workers, the floodgates opened for what soon became the largest collection of tort litigation lawsuits in American history.
1969 First Asbestos Lawsuit Filed
Beginning in 1936, Borel, a husband and father of six, worked in the shipyards and oil refineries along the Texas-Louisiana border. In the winter of 1969, he was diagnosed with an advanced case of asbestosis. That spring, Borel filed a workers' compensation claim for injuries suffered on the job. He eventually settled the claim for a little more than $13,000. In the fall of 1969, he visited a lawyer about seeking further compensation in the courts to pay for ongoing medical care and to provide for his family. His attorney, Ward Stephenson, filed a lawsuit in the Eastern District of Texas against 11 asbestos manufacturers across the U.S., seeking $1 million in damages.Borel v. Fibreboard Paper was decided for the plaintiff in 1973, but Borel never heard its final disposition from the U.S. Court of Appeals, Fifth Circuit. He died of mesothelioma in June 1970.
1982-Present Tort Litigation for Asbestos Exposure Continues to Grow
Buoyed by the success of Borel v. Fibreboard, asbestos workers chose to use tort litigation to obtain compensation for their injuries.Between 1982 and 2002, the number of asbestos claimants increased from 1,000 to 730,000 while the total number of companies sued went from 300 to 8,400. Some analysts predict that the number of asbestos filings will ultimately top 1 million. As of 2013, the number of asbestos defendants had grown to more than 10,000 companies.
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