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  #1  
Old 10-21-2009, 12:15 PM
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Asbestos Contamination

New York State:

Does a person have to become sick from asbestos in order for an asbestos lawyer to be interested in my case? I was exposed to asbestos and I have copies of the OSHA fines and violations. There were many fines and numerous violations. Both the contractor and the plant owner are publicly traded corporations on the NYSE. The job site was shut down for weeks while proper abatement was performed. Dozens were exposed. Would anyone know of a lawfirm that would be interested in this information? Any help appreciated. Thanks
Last edited by deskaiser; 10-21-2009 at 12:17 PM.
  #2  
Old 10-21-2009, 12:55 PM
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This board does not provide lawyer recommendations. I believe that you would need to have some type of damages in order to pursue legal action, but you could call a few lawyers in your area to check it out.
  #3  
Old 10-21-2009, 06:06 PM
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Originally Posted by wyett717 View Post
This board does not provide lawyer recommendations. I believe that you would need to have some type of damages in order to pursue legal action, but you could call a few lawyers in your area to check it out.
Sorry. Perhaps I should have worded it better. My primary question is:

Do you have have to actually be SICK from asbestos exposure to have one of the national asbestos law firms interested in taking your case? Is documented asbestos exposure enough to take legal action? I have copies of all the OSHA fines levied against these huge corporations. I'm tired of going to cancer funerals for my coworkers. There's no way I could afford to fight these corporations on my own. Any help or opinions appreciated.
  #4  
Old 10-21-2009, 06:11 PM
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Quote:
Originally Posted by deskaiser View Post
Sorry. Perhaps I should have worded it better. My primary question is:

Do you have have to actually be SICK from asbestos exposure to have one of the national asbestos law firms interested in taking your case? Is documented asbestos exposure enough to take legal action? I have copies of all the OSHA fines levied against these huge corporations. I'm tired of going to cancer funerals for my coworkers. There's no way I could afford to fight these corporations on my own. Any help or opinions appreciated.
**A: the answer is no.
  #5  
Old 10-21-2009, 06:36 PM
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If you have clear exposure and don't already have an asbestos lawsuit filed on your behalf, then either 1) you haven't tried talking to a plaintiff's asbestos law firm, or 2) you don't have as clear exposure as you think you do.

Call a few of the big names and see what happens even without any (current) illness. You may be pleasantly surprised.
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Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #6  
Old 10-21-2009, 07:12 PM
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Originally Posted by You Are Guilty View Post
If you have clear exposure and don't already have an asbestos lawsuit filed on your behalf, then either 1) you haven't tried talking to a plaintiff's asbestos law firm, or 2) you don't have as clear exposure as you think you do.

Call a few of the big names and see what happens even without any (current) illness. You may be pleasantly surprised.
I sent a few emails to them (the big asbestos law firms) but never got a reply. Maybe if I mailed them copies of the OSHA fines and violations? These corporations are listed on many of the asbestos law firm web sites as targets for litigation. They are multi-billion dollar corporations.

I hired a local attorney I got from the lawyer referal service. He said he would argue my case and then I paid him what was a lot of money to me. Provided him all the details. OSHA violations, times, dates etc. It's been over 10 months and I have heard nothing. I don't know what to do. He refuses to provide me any details in regards to my case and I fear he has done nothing other than cash my check. No contact at all. Nothing. Can't get him on the phone and my letters go unaswered. I don't have a lot of money. I'm just a construction worker.
Last edited by deskaiser; 10-21-2009 at 07:38 PM.
  #7  
Old 10-21-2009, 07:37 PM
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Quote:
Originally Posted by HomeGuru View Post
**A: the answer is no.
Do you mean NO as they will not be interested in taking my case?

Thank you and I appreciate any opinions on this forum.
  #8  
Old 10-21-2009, 10:21 PM
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Quote:
Originally Posted by deskaiser View Post
I sent a few emails to them (the big asbestos law firms) but never got a reply. Maybe if I mailed them copies of the OSHA fines and violations? These corporations are listed on many of the asbestos law firm web sites as targets for litigation. They are multi-billion dollar corporations.

I hired a local attorney I got from the lawyer referal service. He said he would argue my case and then I paid him what was a lot of money to me. Provided him all the details. OSHA violations, times, dates etc. It's been over 10 months and I have heard nothing. I don't know what to do. He refuses to provide me any details in regards to my case and I fear he has done nothing other than cash my check. No contact at all. Nothing. Can't get him on the phone and my letters go unaswered. I don't have a lot of money. I'm just a construction worker.
Uh, you paid a lawyer to take your asbestos case? Unless it was $300 or so for the filing fees, that's not normal - you need to be a bit more proactive with the guy to find out what's going on.

As for getting one of the heavy hitters involved, I'd start with a telephone call, and maybe consider making an appointment to go there in person. Either way, you should definitely have an extra copy of your records for them.

Incidentally, thanks to these plaintiff's firms, there are over 30 "billion dollar" corporations that have gone bankrupt specifically because of asbestos litigation. If your exposure came solely from these bankrupt entities, then that might be why the lawyers are not more vigilant about taking your case.

Good luck.
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Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #9  
Old 10-22-2009, 07:22 AM
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Niether of these corporations are bankrupt. Both are listed on the heavy hitter asbestos lawyers web sites.

I hired the lawyer to represent me in a whistleblower case. I was the person who called OSHA and they issued the violations, fines, shut the job down, etc. I was terminated because I did this. He was supposed to represent me in a wrongful dismisal case for reporting an environmental violation. After months of hearing nothing, I tried calling him. Numerous phone calls ignored. I wrote a few certfied letters asking for info and it's been close to 10 months. He's totally ignoring me. This is why I was wondering if the big asbestos firms represent people if they are not sick from asbestos (yet). OSHA sent me all the violations and fines. Maybe I'll just mail them all the info and see what happens. I can't afford to pay another lawyer again.
Thanks
Last edited by deskaiser; 10-22-2009 at 07:27 AM.
  #10  
Old 10-22-2009, 12:48 PM
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Quote:
Originally Posted by deskaiser View Post
Do you mean NO as they will not be interested in taking my case?

Thank you and I appreciate any opinions on this forum.
**A: no, in response to the sick question.
  #11  
Old 10-22-2009, 01:20 PM
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Quote:
Originally Posted by deskaiser View Post
Niether of these corporations are bankrupt. Both are listed on the heavy hitter asbestos lawyers web sites.
Was just throwing it out there as a possibility

Quote:
I hired the lawyer to represent me in a whistleblower case. I was the person who called OSHA and they issued the violations, fines, shut the job down, etc. I was terminated because I did this. He was supposed to represent me in a wrongful dismisal case for reporting an environmental violation. After months of hearing nothing, I tried calling him. Numerous phone calls ignored. I wrote a few certfied letters asking for info and it's been close to 10 months. He's totally ignoring me. This is why I was wondering if the big asbestos firms represent people if they are not sick from asbestos (yet). OSHA sent me all the violations and fines. Maybe I'll just mail them all the info and see what happens. I can't afford to pay another lawyer again.
Still, you shouldn't be paying ANYTHING other than filing/expert fees up front. Go here, click websupreme, and follow the directions to search for YOUR NAME in the "plaintiff" box.
http://iapps.courts.state.ny.us/webcivil/ecourtsMain

See what comes up. If nothing, there's a good chance that your lawyer never filed a lawsuit (but it's not definitive - they don't always show up on the web site).

As for filing a claim, you can still do so without any "active" illness. All it takes is one b-reader to say you have asbestosis. I am sure the big firms will be more than happy to help you locate a place to be screened, if you have not been able to do so on your own. Without any further illness though, your case will basically stay inactive for a long time (unless you get sick in the meantime).
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Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
Last edited by You Are Guilty; 10-22-2009 at 01:24 PM.
  #12  
Old 10-22-2009, 03:08 PM
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Quote:
Originally Posted by You Are Guilty View Post
Was just throwing it out there as a possibility


Still, you shouldn't be paying ANYTHING other than filing/expert fees up front. Go here, click websupreme, and follow the directions to search for YOUR NAME in the "plaintiff" box.
[url=http://iapps.courts.state.ny.us/webcivil/ecourtsMain]eCourts[/url]

See what comes up. If nothing, there's a good chance that your lawyer never filed a lawsuit (but it's not definitive - they don't always show up on the web site).
thanks for the link. I checked and my name is not listed. The lawyer said he was going to argue it with the Dept of Labor. Perhaps Federal? Is there a federal link similar to the state link? I checked my lawyers active cases and my name is not there either. Should I file a complaint with the Bar? Thank you very much.
Last edited by deskaiser; 10-22-2009 at 03:12 PM.
  #13  
Old 10-22-2009, 04:18 PM
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That is just for NY state courts. Federal you have to sign up for:
http://pacer.psc.uscourts.gov/
(And I'm not sure administrative actions (i.e. Labor Board) would show up on Pacer either).

Simplest solution is to speak to the attorney directly and ask him exactly what he's done so far for your money.

Good luck.
__________________
Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
  #14  
Old 10-22-2009, 05:03 PM
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Quote:
Originally Posted by You Are Guilty View Post
Simplest solution is to speak to the attorney directly and ask him exactly what he's done so far for your money.

Good luck.
Boy I wish I could! Phone calls go unanswered, he's never in his office or secretary says he's in court, I leave messages, sent certified letter (twice). I tried the email route and get a single sentence that he will mail me some info soon. This has been going on for months. No info in close to 10 months. Other than showing up at his house, I have no idea how to get in touch with him. I hear this is common with some lawyers. It appears I've found a rotten apple. The funny thing is that the NY Bar lawyer referal service are the people who suggested him to me. I've never hired a lawyer before and had no idea how to do it other than the yellow pages. I would have been better off pciking one at random out of the phone book. Thanks again.
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