Home  >  How We Can Help  >  Frequently Asked Questions

Frequently Asked Questions

Q: What If I Don’t Know How I Was Exposed?

You may initially be uncertain of exactly where and when you were exposed to asbestos. This should not dissuade you from pursuing the compensation you deserve. We discuss and analyze our clients’ work history to determine when and how they were exposed.

Even if the asbestos exposure occurred outside of the workplace – such as during home improvement work – our lawyers know the right questions to ask and the right information to obtain in order to determine what companies are responsible.

Q. Will I need to go to court?

Should your case go to trial, the O’Brien Law Firm will strongly encourage you to attend court provided you are physically able. However, your presence is not mandatory as we are your legal representative.

Q: When can I file a claim?

If you’re diagnosed with mesothelioma or asbestos disease, contact us as soon as possible. The O’Brien Law Firm will protect your rights so you focus on your health.

Even if years have lapsed since you were diagnosed, we may still be able to help.

Each state has a “statute of limitations” or a limited number of years from the time of diagnosis or from the date of death in which to file a court case. The statute of limitations for each state varies. Typically, once the statute of limitations expires, you are barred from filing a state court case. However, this is not always true.

Some situations put the statute of limitation on hold or “toll” the statute. The most common reason a statute of limitation may be tolled is if the defendant filed for bankruptcy. It takes extensive knowledge of the bankruptcy proceedings to know when the statute of limitations was tolled and whether you may be able to recover damages despite a bankruptcy filing. Our experienced Missouri asbestos attorneys will commit themselves to helping you and your loved ones recover damages for the pain and suffering caused by asbestos exposure.

Even if you’ve already talked to an attorney and were told that it is too late to file a claim, contact us. We may be able to find compensation where other attorneys could not.

Q: Where can I file a claim?

We represent clients throughout the United States. However, we file the vast majority of our cases in Missouri and Illinois. Many of our clients currently live or work in the Midwest, or they lived or worked in the Midwest when they were exposed to asbestos. Additionally, many of the companies selling asbestos and asbestos-containing materials are located in the Midwest.

In addition to lawsuits we file in state court, we file claims with asbestos bankruptcy trusts located throughout the country. We manage these filings and claims from our office in St. Louis, Missouri.

Q: Will filing a claim cost me anything?

No.  We do not accept or require a down payment or retainer for our services.  We handle all of our mesothelioma and asbestos injury cases on a contingent fee basis – we only get paid if you do.  Reasonable costs and expenses incurred in filing and prosecuting your claim will also be recovered upon payment of settlements and verdicts.

 Q: How long will all of this take?

Not long.  We have found that some clients are initially hesitant to file a claim due to the mistaken impression that mesothelioma and other asbestos injury suits become “tied up” in the courts for years and years.  The O’Brien Law Firm has been extremely successful in getting claims filed, set for trial. prosecuted and concluded all in a matter of months, not years.  Our mesothelioma clients regularly see their claims set for trial in less than a year from filing.