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  Retaining Mike Delaney Law – How much and how long will it take.

The question we are most often asked by our clients is, "how much does it cost to retain The Law Offices of Michael P. Delaney in a mesothelioma lawsuit". At The Law Offices of Michael P. Delaney, it is our firm policy that an attorney’s fee is never charged to a mesothelioma client unless a recovery is made against an asbestos manufacturer. At The Law Offices of Michael P. Delaney, we work on a contingency fee basis, which allows us to retain a percentage of any recovery made against an asbestos manufacturer. In this way, our mesothelioma clients do not have to come up with money in order to retain our law firm to fight for justice. We always put the terms of our retainer agreement in writing, that way you are assured that you will never pay an attorney’s fee unless a recovery, either by way of settlement or verdict, is made against an asbestos manufacturer.
 

The second most asked question we hear at The Law Offices of Michael P. Delaney is, "how long will these legal proceedings take". Living persons with malignant mesothelioma are surprised to learn that often we can resolve their case in as little as three months and almost always within one year from the date they retain The Law Offices of Michael P. Delaney. This is because most states provide for a special trial calendar for living persons who have malignant mesothelioma. This trial calendar is known as the "in extremis" trial calendar. Essentially, it is a recognition by the courts throughout the country that persons with malignant mesothelioma have a shortened life expectancy and therefore are entitled to special treatment. Most states throughout the country have judges and court calendars entirely devoted to asbestos litigation. If a loved one of yours has died of mesothelioma prior to retaining The Law Offices of Michael P. Delaney, then they would not generally be entitled to be placed on the in extremis calendar and therefore the case would take a little bit longer. Typically, The Law Offices of Michael P. Delaney can resolve these types of cases in two to three years from the date we are retained.

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Summons and complaint – The first step in a lawsuit

The summons and complaint is a legal document filed with the court, which institutes the lawsuit against the asbestos manufacturers. The summons and complaint must be filed within a specified statute of limitations, in most states, within three years after you have been diagnosed with mesothelioma. However, if you have mesothelioma, you should contact an attorney immediately because some states only allow for a one year statute of limitations.  Because the date of diagnosis is the date the statute begins to run, mesothelioma lawsuits can be brought 30, 40 and even 50 years after exposure to asbestos products, provided the summons and complaint are filed within three years after you have been diagnosed with mesothelioma.
 

The summons and complaint alleges that the manufacturers of asbestos products knew that a person exposed to asbestos products could suffer from a number of asbestos related diseases such as asbestosis and malignant mesothelioma. Despite this knowledge, the manufacturers of asbestos products failed to warn the public at large; failed to study, investigate and/or properly test their asbestos products; failed to communicate or convey their suspicions and knowledge with respect to the potential or actual dangers of asbestos products; failed to institute, adapt, or enforce appropriate safety protocols for the handling and use of asbestos products; failed to adequately package their asbestos products; failed to remove their asbestos products from the stream of commerce despite knowledge of their unsafe and dangerous nature; and continued to mine, produce, process, design, manufacture, market, supply, deliver, distribute, install, remove and sell asbestos products for general application and purposes despite the potential and known health hazards and dangers posed to the foreseeable and anticipated users and consumers of these products.

The summons and complaint also contains allegations that the defendant manufacturers of asbestos products conspired and/or acted in concert to withhold, conceal and suppress medical and scientific data and literature regarding the risk of exposure to asbestosis and asbestos products and the association of this exposure to the development of asbestos, cancer, mesothelioma and other illnesses and diseases. Further, the manufacturers of asbestos products, through agreement and consciously parallel behavior, released, published and disseminated invalid, inaccurate, outdated and misleading medical and scientific data, literature and test reports containing information and statements regarding the risks of asbestosis, cancer, mesothelioma and other illnesses and diseases which the defendant manufacturers of asbestos knew were invalid, inaccurate, outdated and misleading. The summons and complaint ends with an ad damnum clause; a demand for monetary compensation.
 

In brief, a summons and complaint is a legal paper filed by the attorneys at The Law Offices of Michael P. Delaney which seeks to hold the manufacturers of asbestos products liable for their wrongdoing. Many times when a lawsuit is brought against asbestos manufacturers on behalf of a person with malignant mesothelioma, as many as thirty or forty defendant manufacturers will be named. At The Law Offices of Michael P. Delaney, we use our expertise in conjunction with a client interview to ascertain which manufacturers are responsible in a particular lawsuit. In other words, two people with malignant mesothelioma may sue completely different manufacturers of asbestos products simply because they were exposed to different products. At The Law Offices of Michael P. Delaney, we own an I.D. picture book. This is a series of photographs of various asbestos products and packaging manufactured and distributed by asbestos manufacturers in the 1940’s, 1950’s, 1960’s and 1970’s. Using this I.D. picture book in conjunction with a client interview wherein we obtain your personal and work history, it can be determined which asbestos products you were exposed to and thus name the appropriate manufacturers as defendants in a lawsuit.  Additionally, we can contact your former co-workers or employers to determine what products were at the jobsites where you worked.

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The discovery process – Exposing the truth.

The discovery process in a mesothelioma lawsuit is a process whereby all the facts and circumstances of your particular case are chronicled. At The Law Offices of Michael P. Delaney we undertake to gather all of your employment, medical and work history records. The gathering of medical records is important to establish that you suffer from malignant mesothelioma. The gathering of work history and personnel records aids us in proving how and when you were exposed to asbestos products.
 

Interrogatories are also used in the discovery process. Interrogatories are simply a set of written questions, which are exchanged between The Law Offices of Michael P. Delaney and the attorneys for the various defendant manufacturers of asbestos products. Below is a sample of a few questions that can be expected to be found on a set of interrogatories.

1. State each of your asbestos-related injuries and/or diseases, describe the nature of those symptoms that you contend are related to your asbestos-related condition(s), and state the date when you first experienced each such symptom and the date of diagnosis and the name of any diagnosing physician and, if different, indicate the date you first became aware of the diagnosis.
    
2. Describe any pain, incapacity, inability to lead a normal life, inability to work, or disability (including retirement) alleged to have resulted from your medical conditions, including the date and basis therefor.
    
3. Have you ever had any biopsies or tissue samples taken? If so, please state for each such procedure:

   
   (a) the name of the physician performing such procedure;
   (b) the address where such procedure was performed;
   (c) the date when such procedure was performed; and
   (d) the results, conclusions, and/or diagnosis arising from such procedure.
    

4. Have you ever had any chest x-rays, CT Scans and/or pulmonary function tests? If so, state:
    

   (a) the dates and places;
   (b) the reasons;
   (c) the results and/or diagnosis resulting therefrom;
   (d) the location of all chest X-ray films and CT Scans; and
   (e) provide appropriate authorization to obtain all X-rays, CT Scans and pulmonary function tests.
    

5. Please state the following with respect to each asbestos-containing product identified on Chart A:

   (a) the color, dimensions, shape, form, texture, weight, appearance and flexibility of each product;
   (b) the appearance of the package or container indicating the manner of packaging, size, dimensions, color and weight; and
   (c) the name, logo, label, numerical and alphabetical markings and other markings or words including warnings on the product and package or container.

6. If you were exposed to, used, ingested or inhaled asbestos or asbestos-containing products at any time other than in the scope of your employment, state for each such exposure:
   
             (a) the date, location and circumstances; and
             (b) the type of product and the name of the manufacturer, distributor, and miner.

     7. Have you ever been a member of any labor union? If so, state:

(a) the name and address of each local, national and international labor union;
(b) the inclusive dates of your membership; and
(c) any positions you have held with each such labor union, and the dates during which you held such position.

     8. State whether you have ever seen or received any information, instruction, direction, warning, or directive, from any source whatsoever, concerning alleged dangers of exposure to asbestos or asbestos-containing products, and if so, identify:

(a) each such warning, directive, notification, direction, instruction, or information;
(b) the means by which such was given to you;
(c) the source and the date on which it was received by you; and
(d) your response or reaction, including any complaints made or changes in work habits.

On your behalf, discovery demands and interrogatories are also served on the defendant manufacturers of asbestos product. At The Law Offices of Michael P. Delaney we already have access to thousands of incriminating documents, but we use the discovery process and interrogatories to further expose the asbestos companies.
 

After the interrogatories are exchanged and answered, the next step in the discovery process is an examination before trial (EBT). An EBT is a process whereby a person with malignant mesothelioma is placed under oath and asked a series of questions concerning their background, work history, exposure to asbestos products and medical questions. Often times, these depositions take place in the person’s home due to the disabling nature of malignant mesothelioma. No matter where you live in the United States, arrangements can be made for the attorneys at The Law Offices of Michael P. Delaney as well as the attorneys representing the asbestos manufacturers to fly to your home city and conduct the deposition in your home. The courts allow for this in recognition of the disabling nature of malignant mesothelioma. Thus, persons with malignant mesothelioma need not worry whether they will have to travel in order to bring and continue with a lawsuit against the various asbestos manufacturers. Depending on your condition, an EBT can be held within ten days, or, in some cases, even less after you have retained the services of The Law Offices of Michael P. Delaney. We will make all the necessary arrangements, and, in extreme cases, we even provide for videotaping of your deposition so as to preserve it for trial.

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  Settlement negotiations – Compensation without going to court.

Settlement negotiations can occur at any time and, in some cases, are entered into even before a summons and complaint is filed. Typically however, most meaningful settlement negotiations begin after the discovery process is complete and before a jury trial begins. This is true because once the discovery process is complete, the asbestos companies realize the strength of your case. For example, if during the discovery process a defendant manufacturer found out that you worked as a cable puller in the Brooklyn Navy Shipyard in the 1940’s and 1950’s and through your interrogatories and EBT you testified that you were exposed to certain asbestos products and in conjunction with that, The Law Offices of Michael P. Delaney has documentation establishing that certain asbestos products were present on the ships that you worked at during those time periods, we will have a very strong case against those asbestos manufacturers. This will generally lead to settlement of your case prior to trial with most defendants. Multi-million dollar recoveries have been made in this manner prior to trial. In fact, the majority of defendant manufacturers of asbestos products settle their cases prior to trial.

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Trial – The swift sword of justice

At The Law Offices of Michael P. Delaney, & Michael Delaney, Esq.  have conducted over 100 trials. Whether you retain our law firm or another, be sure to have the services of experienced trial attorneys.
 

A trial is necessary only in those cases where there remains defendant manufacturers of asbestos products who have not yet settled the lawsuit. As stated above, often times we will sue between thirty and forty manufacturers in any given lawsuit. And, often times, all of these manufacturers will settle prior to trial. However, in some instances, one, two or several manufacturers may remain for trial. For example, a defendant manufacturer may not offer enough money to settle the case and we will recommend taking this defendant to verdict where a jury can award an appropriate amount. In those situations, a jury is assembled and your case is heard before them and a presiding judge.
 

There are two phases to the trial; a damages phase and a negligence phase. The damages phase of the trial is one where a dollar amount is set by the jury for your pain and suffering. And, in the event that the person is deceased, a dollar amount is set for wrongful death. Multi-million dollar damages awards in mesothelioma cases are not uncommon.

In mesothelioma cases, unlike other personal injury cases, damages may be tried first. The idea being that if an amount of money is arrived at by a jury, then those remaining defendant manufacturers will be more likely to settle before the negligence aspect of the trial.

The negligence aspect of the trial is that portion of the trial where blame is placed on various asbestos manufacturers. In this phase of the trial, The Law Offices of Michael P. Delaney is responsible for proving those allegations in the complaint as well as narrowing in on the particular defendant manufacturer of an asbestos product. This is done through testimony of witnesses, both lay witnesses (yourself, depositions of co-workers who have brought lawsuits against the asbestos manufacturers, and surviving co-workers), and expert witnesses, known as state-of-the-art witnesses, who establish that the asbestos manufacturers knew of the dangers of asbestos products at the time they manufactured and distributed them. In addition thereto, The Law Offices of Michael P. Delaney is able to bring in literally thousands of written documents and memoranda which prove that the asbestos manufacturers knew of the health dangers of asbestos at the time they manufactured and distributed asbestos products. It is precisely because of this damaging evidence that the asbestos companies will most often settle their case prior to a trial, or, at the very least, after the damages portion of the trial.

In the event that there remains defendants after the negligence portion of the trial, the case is then turned over to the jury who assess what percentage of the damages each remaining defendant manufacturer is responsible for. This verdict, or judgment, is then filed with the court. Interest accumulates on the judgment daily; thus there is a tremendous amount of incentive for the defendant manufacturers to pay quickly. Most judgments are paid within days of filing. If either you or any defendant wishes to appeal the judgment, they must do so within thirty days in most states. An appeals court determines if a verdict was fair. This court can approve, increase or reduce the verdict, as well as order a new trial or dismiss the case altogether. Most cases are not appealed and most appeals are unsuccessful.

 

So now you know the anatomy of a mesothelioma lawsuit. Why not call the Mesothelioma Helpline_TM at (800) 569-2325  and put the attorneys at The Law Offices of Michael P. Delaney to work for you.

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If you have any questions regarding treatment or your legal rights, please contact The Law Offices of Michael P. Delaney through our

 Guest Book
or contact us at • (800) 569-2325 • (866) Tex-Laws