|
Weitz & Luxenberg attorney lays to rest misconceptions about suing companies responsible for asbestos cancer
Exposure to asbestos often produces cancer. Scant wonder then that many who develop malignant tumors in this manner elect to sue the makers, distributors and sellers of asbestos products.
The good news is that, with the right legal counsel, asbestos cancer victims are likely to win such a lawsuit – or, alternatively, to walk away with an impressive sum in settlement.
However, some who are entitled to sue fumble the opportunity to bring a culprit corporation to heel. One problem is they mistakenly assume there can be no lawsuit if the asbestos cancer patient dies.
Daniel Patrick Blouin, Esq., an attorney with a leading New York-based mass tort and personal injury litigation law firm that handles cases of asbestos cancer, mesothelioma, peritoneal mesothelioma and other asbestos-caused forms of lung cancer, says the surviving family members of the asbestos cancer victim have the right to sue – either on his or her behalf as estate executors or in their own right as victims harmed by the very loss of that loved one.
“Even though an asbestos victim dies, the power to initiate a case lives on,” says Blouin, with the firm Weitz & Luxenberg PC. “But the chance to sue does not last forever. The best time to contact an asbestos lawyer is before the death of the asbestos cancer patient or very soon afterward, not years later.”
Relationships matter
Another misconception among persons who are eligible to initiate a lawsuit over asbestos cancer, mesothelioma, peritoneal mesothelioma and other asbestos-caused forms of lung cancer is that they can only retain as counsel an attorney who practices law in their town or city. Not true, Blouin assures.
“A firm like Weitz & Luxenberg can bring suit almost anywhere in the nation – and we can do that because we have offices outside New York and have relationships with mesothelioma attorneys in virtually every state,” he explains. “That’s important because plaintiffs have the best chance of winning their case or obtaining a substantial mesothelioma settlement by using a law firm that has a long history of involvement litigating these suits, as does Weitz & Luxenberg.”
Blouin also indicates that some asbestos cancer victims shy from suing due to the mistaken notion that a plaintiff, in order to have a chance at winning a favorable verdict or obtaining a decent mesothelioma settlement, must have suffered direct and prolonged exposure to asbestos.
“Many of the cases we handle – and do well with – involve what we call non-traditional asbestos exposure victims,” he says. “These include mesothelioma and peritoneal mesothelioma patients who had second-hand exposure – for example, a wife who laundered the uniform of her mechanic husband after he came home from work, and the uniform was covered in asbestos brake dust.”
Low-dose exposures
Included too, he says, are mesothelioma and peritoneal mesothelioma victims who had but a single, limited exposure to asbestos or who had a history of smoking cigarettes.
“Mesothelioma and peritoneal mesothelioma are diseases that can develop from low-dose exposure, which is why it strikes accountants, librarians, dentists, CEOs and others whom you’d not expect to become victims,” Blouin says, adding that “any exposure beyond background levels of asbestos is significant enough to cause disease.
“As for smokers, defendant companies sometimes try to claim they should be absolved of liability because the mesothelioma and peritoneal mesothelioma cancer or lung cancer victim smoked. Here’s the thing though. Smoking can never cause mesothelioma or peritoneal mesothelioma. Regarding other forms of cancer, including lung cancer, epidemiological studies have generally shown that if you are exposed to asbestos, you’re five times more likely to get cancer than you are if you’re someone who is not exposed to it. On the other hand, if you smoke and you’re not exposed to asbestos, you’re 10 times more likely to get lung cancer.
“But there is a synergistic effect if you’re exposed and a smoker – the two together can make it up to 50 times more likely that you’ll develop cancer.”
********************
About Weitz & Luxenberg:
Founded in 1986 by attorneys Perry Weitz and Arthur Luxenberg, Weitz & Luxenberg PC today ranks among the nation’s leading law firms. Weitz & Luxenberg’s numerous litigation areas include: mesothelioma, defective medicine and devices, environmental pollutants, accidents, personal injury, and medical malpractice. Victims of accidents are invited to rely on Weitz & Luxenberg’s more than 20 years of handling such cases – begin by contacting the firm’s Client Relations department at 1-800-476-6070 or at clientrelations@weitzlux.com and ask for a free legal consultation. More information: http://www.weitzlux.com
see also:
Press Releases 2006
Weitz & Luxenberg press release archive: 2006 - 2007National personal injury mesothelioma lawfirm Weitz & Luxenberg has been issuing press releases since 2006. Visit our archives now.
Press
Press Releases and Public Service AnnouncementsPress Releases and Public Service Announcements
Press Releases
Press Releases | Weitz & Luxenberg attorneys in the newsNews and information about the the law firm of Weitz & Luxenberg, our practices and our attorneys.
