Important information for you on asbestos litigation

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A unique type of litigation, asbestos

As pointed out in a report by the Federal Judicial Center (FJC), asbestos litigation is unique, differing from other forms of tort litigation in significant ways.“It is the convergence of a number of factors that makes it so,” said the FCJ paper, citing different aspects such as: “the numbers and concentrations of cases, the widespread use of a highly toxic product during an extended latency period, [and] the suppression of information about its dangers.”

For nearly three decades, Weitz & Luxenberg has worked in asbestos litigation. Our law firm has obtained three billion dollars in verdicts and settlements for clients in many major cases. Please continue to visit our website for further information on asbestos litigation. It is important to know your legal rights and options, so that you can hold accountable the party which caused your asbestos-related illness.

Types of lawsuits involved in asbestos litigation

The two main types of lawsuits filed in asbestos cases are the following:

Personal Injury:The individual suffering from an asbestos-related illness files the lawsuit.
Wrongful Death: If an individual has passed away, a family member files a lawsuit against the responsible party.

In addition, if you have developed an asbestos-related disease through second-hand exposure from a family member who works around asbestos, you also have the option to file a lawsuit. One common example of this is when a family member brings home clothes that are covered with dangerous asbestos fibers or dust, resulting in serious health problems when inhaled or ingested.

Each case should be treated as an individual case

Every asbestos case involves individual characteristics, noted Tom Willging, a senior researcher at the Federal Judicial Center. “Plaintiffs suffer similar but not identical injuries resulting from different periods of exposure to different products,” Willging explained in the FJC report. The illnesses suffered range from respiratory diseases such as asbestosis to rare and fatal cancers such as mesothelioma.

Weitz & Luxenberg believes that your case is unique also. We believe in treating each of one of our clients as individuals with distinct needs and circumstances. With over twenty years of experience successfully prosecuting negligent companies on behalf of men and women like you, with asbestos-related diseases, Weitz & Luxenberg is able to address many of the common concerns many people suffering from asbestos illnesses have about the possibility of going to trial.

Here are some important steps in asbestos litigation that you should know:

Firstly, the legal process takes time. No verdicts are made overnight. Initially, you file a summons and complaint to inform the companies you are suing. Afterwards, we have no choice but to wait to see how they decide to respond. Usually, the companies order a deposition where they will ask you many questions about your work history and exposure to asbestos. Then, we wait again until they decide whether they want to settle or go to trial. Lawsuits have been known to take anywhere from months to many years to complete.

As every case has distinctive characteristics unique to the individual, the compensation you receive may not be exactly the same as the compensation your co-worker or relative received. There are, at times, ways to combined many cases into one lawsuit. This is called mass tort litigation. If, for instance, you worked at the same factory as someone else who is filing a lawsuit for asbestos exposure at that factory, then we may want to group the two of you together. Weitz & Luxenberg has done this many times in the past, and it will not change the outcome of your case. It may however, speed up the lawsuit process.

Individual characteristics remain in mass tort asbestos litigation as well, due to the differing latency periods of injuries that developed from widely used asbestos products.

“During a period of increasing use, asbestos manufacturers suppressed knowledge about the dangers of exposure to asbestos fibers. The result was a further accumulation of potential cases and a factual foundation for punitive damages,” said Willging. “A by-product of suppression of unfavorable information was that companies failed to improve safety standards and communicate warnings that might have mitigated the dangers of continued production and use of asbestos materials.”

Let us help you pursue asbestos litigation

Weitz & Luxenberg aims to see all cases through to trial, to ensure the best possible outcomes for our clients. We are experienced in obtaining maximum financial compensation for people who have developed asbestos-related illnesses.

Below are just a few of the multimillion-dollar verdicts and settlementswe have won:

$37 million asbestos verdict in two lung cancer cases in a reverse bifurcated trial;
$53 million verdict for a brake mechanic suffering from mesothelioma

An asbestos lawsuit can help you recover the cost of medical bills, lost wages and other expenses.If you believe that someone is responsible for causing you or your family member’s asbestos-related illness, please contact us right away by filling out the form below. A Weitz & Luxenberg representative will be in touch with you shortly to discuss your legal options. Our firm works on a contingency basis, so there are no legal fees at all until we obtain restitution for you and your family.

Acknowledgements:

http://www.fjc.gov/public/pdf.nsf/lookup/asbststr.pdf/$file/asbststr.pdf