Your Asbestos Case: About the Legal Process
What happens after
you retain one of our asbestos attorneys to handle your case?
You are an important part of the legal process. In order for an asbestos attorney to successfully
prosecute your case we need you to work closely with us.
It is most important to the success of your case that you complete the
questionnaire that is mailed to you and return it to your asbestos attorney as soon as possible.
You are not represented by counsel unless you sign a retainer agreement. This
document states that you agree to allow us to represent you, and that we agree
to do so. It also sets out the terms of how expenses will be paid, what
percentage of the award (if there is one granted) you will receive and what
percentage of the award your attorneys will earn for handling your case.
The retainer agreement is one of the documents contained in the asbestos
questionnaire. Weitz & Luxenberg does not receive a fee unless we obtain a
settlement on your behalf.
In order for us to proceed with filing a claim for you, we may be required to
secure medical records (in addition to the ones you have already sent to us).
For this process we need you to authorize the release of those records. The
questionnaire also includes a set of authorizations that you are required to
Even though some of the information you will be asked to give may seem
redundant to you, there is a very good reason why we request the
Please be patient, bear with us and be very diligent about answering the
questions contained in the questionnaire to the very best of your knowledge and
ability. If you do not remember a detail, we recommend you consult with former
co-workers or others who might be able to assist you. Although we have an
extensive database that contains a vast amount of information about the asbestos
manufacturers, we still need your help. Once more, you are very important to
this process. Your active participation impacts the outcome of your case.
You may receive some compensation before a trial date has been set.
The Amended Case Management Order of 1996, which controls all
asbestos-related personal injury cases in New York City, now facilitates the
speedy resolution of 400 to 500 of our clients’ cases each year on a
first-in-first-out ("FIFO") basis. In addition, twice yearly the court in New
York City accelerates a trial group for those very unfortunate people who have
developed critical asbestos-related conditions in the extreme. The number of
cases included in these "in extremis" trial clusters grows with each group,
enabling us to settle more cases each year.
The backlog of asbestos cases in New York City numbers in the tens of
thousands, and this can often result in a delay of several years for a trial
date in the FIFO system. Because of our trial results in the past, however, we
are able to settle with certain defendants years before a trial date has even
been determined by the court. We continue to make progress in further
negotiating more of these settlement agreements with additional defendants.
Through these negotiations we are able to procure some compensation for our
clients while they are awaiting the assignment of a trial date, and these
agreements serve to remove the uncertainty from the tort system of our
You will not be required to be present at an EBT (examination before trial or
deposition) unless your case is going to trial.
Weitz & Luxenberg is a leading plaintiffs' law firm that has represented
people affected by mesothelioma for over 20
years. Men and women diagnosed with mesothelioma or lung cancer caused by asbestos exposure may be entitled to
compensation from the companies responsible for their disease. If you would like
a free consultation or more information about your legal options, please
complete the form on this page, and a representative of our law firm will
contact you as soon as possible.