According to the U.S. Occupational Safety and Health Administration an estimated 1.3 million workers face significant asbestos exposure on the job. Asbestos is commonly used as an acoustic insulator, and in thermal insulation, fire proofing and other building materials. Many products in use today contain asbestos.  The inhalation of asbestos fibers by workers can cause serious diseases of the lungs and other organs that may not appear until years after the exposure has occurred.  Workers in the construction, railroad, ship-building, manufacturing of asbestos related products, automotive brake/clutch repair, custodial workers in affected buildings, and workers in other industries are exposed to the highest risks of asbestos and other lung-related diseases on the job.

You might not think that a lawsuit over lung related diseases of railroad workers is big news today, but you’d be surprised.  In fact, the U.S. Supreme Court just reviewed such a case.  I am referring to the case of Thurston Hensley, a retired electrician who sued the railroad company he worked for, CSX Transportation, Inc., alleging that the railroad negligently caused him to contract asbestosis—a noncancerous scarring of lung tissue caused by long-term exposure to asbestos.  Hensley sought damages his lung injuries, as well as for pain-and-suffering, based in part on his fear of developing lung cancer in the future.  After reviewing the case, the jury found in Hensley’s favor and awarded him $5 million in damages. 

Under regular workers compensation systems, workers obtain medical care for injuries sustained on the job without having to go to court…. though the trade-off is that they can’t generally sue for damages like pain and suffering.  Unlike in employees covered by state workers compensation systems, railroad industry workers are covered by the Federal Employers’ Liability Act (FELA), which allows them to sue their employers in court and recover potentially substantial damages for their work-related injuries caused in whole or in part by their railroad employers. 

Does a $5 million jury award sound high to you?  The courts sure think it’s possible that jury awards can get out of control…  and idea of “verdict control devices” is even being carefully discussed within the legal community.  For instance, in the Hensley case, at issue before the Supreme Court was whether the jury was property instructed about awarding “fear of cancer” damages.  This was considered a “verdict control device” because, as the court mentioned, “…..a jury, without proper instructions, could award emotional distress damages based on slight evidence of a plaintiff’s fear of contracting cancer…” In fact, the court held that in some cases, “…a properly instructed jury could find that a plaintiff’s fear [of cancer] is not “genuine and serious.” 

Whether Hensley’s fear of cancer is “genuine and serious” enough for the $5 verdict to stand, we’ll have to wait and see.  If you had a serious lung injury after numerous years of exposure to asbestos related materials as a railroad worker, wouldn’t you be seriously and genuinely worried about developing lung cancer? 

If you or someone you love may have been exposed to asbestos or have experienced symptoms of a lung disease after working in one of the exposed industries, contact an attorney for more information about how best to protect your legal rights.

Read the Supreme Court’s decision in the Hensley case by clicking here.  Find an attorney experienced in railroad accidents and injuries by clicking here.

If you’ve just been in an accident, or been injured by someone, you might be wondering whether or not you should hire a lawyer.  If your injuries are very minor, such as a bruise or a little embarrassment, you might not need a lawyer, but it doesn’t hurt to contact one just in case you have a bigger legal claim than you think! 

If you’ve suffered moderate to severe injuries, you should definitely consult an attorney for assistance.  Did you know that in most cases a good attorney can help you get compensation for your injuries without even having to go to court? Most personal injury lawsuits are based on good fact-finding and steadfast negotiation more so than on black-and-white laws. Attorneys know these rules and the tricks other lawyers use to try to get around them.  For instance, do you know which questions the other side can, and can’t, ask you?  Probably not…  But lawyers are trained on these matters and can raise appropriate objections when necessary to prevent you from having to respond when you don’t need to.  While this sounds simple enough, many a case has been won or lost on simple facts.  

Also, when it comes to negotiating a settlement on your own, you will almost always fare worse than if you had a lawyer’s help.  Experienced attorneys know the average settlement range for similar injuries in the courts in your area.  Also, they know how the laws would be treated in your particular case and how such circumstances would either entitle you to more or less than the average award. 

Finally – let the pros handle the process.  Lawyers know the legal process like the backs of their hands.  Usually, you don’t.   So going it alone would be like going from your neighborhood kickboxing class to the boxing championships…    While there certainly isn’t anything wrong with being an amateur, when your legal rights are at stake your odds of prevailing are best protected if you go heavyweight-t0-heavyweight. 

At the end of the day, talk to an attorney in the beginning to figure out how best to protect your legal rights. So schedule an initial consultation – most times they’re free. 

Learn more about accidents and injuries in LawInfo’s Free Legal Resource Center.

So you have been injured and are looking to pursue legal action. Hiring the right personal injury attorney for the job is critical and can literally make or break your case. When meeting with an attorney for the first time, there are a lot of questions that need to be asked to decipher if an attorney is a viable fit for your case, and for you personally.

The following are the top ten questions that should be discussed in your first meeting with a personal injury lawyer:

1. How many years have you practiced law, specifically personal injury?

Your prospective personal injury attorney should not be a newbie, but a trained, seasoned professional. Younger attorneys, although they may be used to perform some of the work on your case, should not be given full case-management authority until they have a little more experience under their belt.

2. Have you taken cases like mine to trial or settlement, and if so, how many?

An experienced personal injury attorney will have taken several cases like yours to trial and/or settlement. This answer is an indicator of the prospective attorney’s skill and success rate.

3. How much of your practice focuses on personal injury cases like mine?

A personal injury attorney should focus at least 75% of his or her time on the subject matter involved in your case.

4. Will you use other attorneys or paralegals on my case?

Other attorneys and paralegals are often used to perform important tasks, but should play a limited role. It is important that you ask to meet them and use your own personal judgment to evaluate them. Even though the subject matter and law governing your case might be unfamiliar to you, you should not discount your ability to size-up potential legal staff.

5. What is your policy regarding returning my phone calls?

The most frequent complaint of clients is unreturned phone calls. Your attorney should have a 24-hour turnaround on client phone calls, taking into consideration unforeseeable circumstances. It’s a good idea to have this policy written into your retainer agreement with your attorney to ensure compliance.

6. Will you explain to me all of the court procedures, legal concepts, fee arrangements, billing practices, retainer agreements, and payments of costs?

These questions are often time-consuming, but very important. Your attorney should explain to you, in detail, all of the above matters thoroughly.

7. What is your method or strategy for handling cases like mine?

An experienced personal injury attorney should have a streamlined process for “working-up” cases like yours. The level of detail contained in the attorney’s process will demonstrate his or her organization skills and familiarity with the subject matter and law of your case.

8. What is the likelihood of a quick settlement or trial?

Taken from legal horror stories of the past, beware of the attorney who promises a quick settlement or trial! However, your attorney should be able to provide a well-reasoned estimate of the time necessary to reach disposition of your case.

9. Do I even have a case? And if so, what do you think my chances are for receiving a settlement?

An experienced attorney should be able to inform you if your case is worth pursuing and/or if there exists a possibility of recovery. Sometimes people are hurt, injured, or suffer injustice and there is no legal remedy. A good attorney will provide you with his or her strategy for your case, explaining the steps they will take and the likelihood of your success at trial or settlement.

10. Do you have a policy of professional liability insurance?

Like doctors, all attorneys, personal injury or otherwise, should maintain a malpractice insurance policy in the event that mistakes occur on your case.

For more information about personal injury attorneys, or to discuss your personal injury case, click here.

A fourth session of the committee to consider asbestos amendments was forced to stop work at midday last week due to a brawl over judicial nominees on the Senate floor.

According to the Reuters report, Judiciary Committee Chairman Arlen Specter said he would try to resume work on the bill next Tuesday. The Pennsylvania Republican said he thought he had a “fighting chance” of getting the bill approved by the panel next week despite dozens of pending amendments and the fireworks over judges.