The first asbestos lawsuit in the modern era was filed in 1966 against 11 manufacturers of asbestos-containing insulation products, including Johns-Manville, Fibreboard, and Owens Corning Fiberglass, on behalf of an industrial insulation worker who had been exposed to those products on the job. The case was tried in 1969 but the court ruled in favor of the defendants. Later that year, a lawsuit was filed against the same defendants on behalf of a different worker, but this time the court ruled in favor of the worker and awarded him more than $79,000 in damages.
In 1975, attorney Steven Kazan filed a precedent-setting civil lawsuit on behalf of Reba Rudkin, who developed asbestosis after working for 29 years at the Johns-Manville manufacturing plant in Pittsburg, Calif. At that time, companies could invoke workers’ compensation as the exclusive remedy for claims about employee health issues, thus protecting them against employee lawsuits. Steven, however, argued that Johns-Manville and its subsidiaries committed fraud and conspiracy, because documents showed they had known for decades about the hazards of asbestos.
The Rudkin case prompted the California Supreme Court to rule that workers could sue their employers under those circumstances. In the early 1980s, Steven tried the case of Bob Speake, a co-worker of Rudkin’s, and won a verdict of $150,000 for Speake against Johns-Manville. The Speake case was considered a “threshold in asbestos litigation” that helped push Johns-Manville into bankruptcy in August 1982.
To date, it is estimated that approximately 1 million asbestos claims have been filed in the U.S.
Asbestos and mesothelioma
Asbestos is a toxic mineral that had been used in manufacturing for over a century, despite growing evidence of health risks. Inhalation of asbestos particles can cause a host of illnesses, including asbestosis, lung cancer and mesothelioma, a lethal cancer of the cells lining the lungs or abdomen. A history of asbestos exposure in the workplace is easily documented in approximately 70 to 80 percent of all mesothelioma cases. Approximately 3,000 new cases of mesothelioma are diagnosed in the U.S. each year.
FAQs on asbestos lawsuits
I want to file a lawsuit against the company that exposed me to asbestos. How do I do that?
First, you must get a diagnosis of your asbestos-related disease from a medical doctor.
Simply being exposed to asbestos is not sufficient grounds for a lawsuit. If you are diagnosed with a disease, contact an asbestos attorney immediately to determine the best legal remedy. In general, lawsuits should only be filed if you have cancer or another serious asbestos-related disability that prevents you from working or interferes with daily living.
I am not sure yet if I want to sue. How much time do I have to decide?
This depends on the legal deadlines, called statutes of limitations, for filing a lawsuit for your specific case. The statutes are complex and vary from state to state. It is prudent to consult an asbestos attorney as soon as possible so that you are aware of all statutes because once a statute expires, you can no longer seek legal remedies.
How do I find an asbestos attorney?
Choose a top asbestos attorney and law firm, such as Steven Kazan and his firm, Kazan Law in Oakland, Calif., to represent you, regardless of where you live. Asbestos lawsuits do not need to be filed by attorneys in your city or state.
What will an asbestos attorney do for me?
Asbestos disease can take several decades to develop, so your attorney will review your places of employment and other potential exposure sites throughout your life. This will determine the appropriate party or parties to name as defendants in your asbestos lawsuit. Your attorney will prepare and file a lawsuit on your behalf, and request information from defendants that will help determine the level of asbestos exposure they were responsible for.
It can take anywhere from three months to over a year to set a trial date after your lawsuit has been filed. Most lawsuits end in a settlement before trial.
How much are the legal fees?
Most good asbestos attorneys will work with you under a contingency fee agreement. This means that you will not be billed for legal fees and expenses. Your attorney will be compensated by receiving a percentage of your monetary award. If you do not receive financial compensation, you will not pay any legal fees or expenses.
What is the amount of financial compensation I can expect?
The amount depends on many factors, such as medical evidence of your diagnosis, the severity of your illness, your actual and potential financial losses, the types of asbestos products you were exposed to, and the defendants’ financial resources. Typically, compensation ranges from hundreds of thousands to millions of dollars.
Is filing a lawsuit the only way I can get compensated for my asbestos disease?
You may also be eligible to receive payment from asbestos trust funds. There are more than 50 asbestos trust funds and they were established by asbestos companies, as part of their bankruptcy reorganization, to ensure that victims exposed to their asbestos products are compensated for their losses. Your attorney will determine if you can apply for compensation from one or more asbestos trusts.
Asbestos trust funds provide a faster route to compensation than lawsuits. However, compensation amounts are generally lower and you cannot sue the companies that established the trust funds.