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As a law firm with a lot of experience handling asbestos cases, Weitz & Luxenberg attorneys see that our clients who get treated for their illness, as quickly as possible, benefit from that speed. While our compassionate attorneys pursue your legal options, you need to reach out to doctors for an appropriate medical treatment plan to follow.

Mesothelioma Life Expectancy

There are several factors that affect your life expectancy if you are diagnosed with mesothelioma. Talk to your doctor regarding your possible treatment options and how they impact your prognosis. 

Read more about Mesothelioma Life Expectancy.

Asbestos and Lung Cancer

Lung cancer kills more people than the total number with colon, breast, and prostate cancers combined, according to statistics gathered by the American Cancer Society. (1)

Occupational exposure to asbestos, among other carcinogens, causes roughly 9% to 15% of lung cancers. (2)

Read more about Asbestos and Lung Cancer.

Mesothelioma Misdiagnosis

It is critical that you get an accurate mesothelioma diagnosis as soon as possible. You need a correct diagnosis in order to get the right treatment. Your survival depends on it.

Other medical conditions have symptoms similar to mesothelioma. Many doctors may not correctly recognize mesothelioma symptoms. You need a specialist who can give you an accurate diagnosis. (3)

Read more about Mesothelioma Misdiagnosis.

Symptoms of Mesothelioma 

By the time symptoms of mesothelioma surface and an oncologist can make a definitive diagnosis, the disease is often advanced. That’s because people may mistake the early symptoms of mesothelioma, such as pain, weight loss, or fever, for common ailments. (4)

Read more about Mesothelioma Symptoms.

Treatment for Mesothelioma 

Mesothelioma can be very hard to treat — regardless of the stage of the cancer. Doctors typically turn to four types of standard treatment: surgery, radiation, chemotherapy, and targeted therapy. Clinical trials are testing new types of treatment, such as biologic therapy. (5)

Read more about Mesothelioma Treatment.

Types of Mesothelioma 

The medical community recognizes four main types of mesothelioma. Each is named for the area of the body where the cancer starts.

Pleural Mesothelioma (Lungs) 

Pleural mesothelioma affects the thin lining of the lungs and is the most common type of the disease, accounting for about three out of four — or 75 percent of — diagnoses. (6)

Peritoneal Mesothelioma (Abdomen)

Peritoneal mesothelioma, the second most common type of mesothelioma, forms on the lining of the abdominal cavity and can result from coughing up and swallowing inhaled asbestos fibers. (7)

Pericardial Mesothelioma (Heart)

Pericardial mesothelioma begins in the covering around the heart. It is a very rare form of the disease, making up a less than 1% prevalence rate. (8)

Testicular Mesothelioma

Testicular mesothelioma is a cancer of the membrane lining that covers the testicles. Only about 100 cases have been reported in medical literature, and the disease is difficult to diagnose because of its rarity. (9)

Read more about Mesothelioma Types.

FAQs

If you are looking for more information about the mesothelioma stages, types, or legal action, visit our frequently asked questions page  to learn more.

Disclaimer: Weitz & Luxenberg does not provide medical advice. Treatment options and all medical questions should be discussed with your doctors. 

What Is Data Privacy?

“Data privacy generally means the ability of a person to determine for themselves when, how, and to what extent personal information about them is shared with or communicated to others.” (1)

Why Is Data Privacy Important?

You have the right to decide who you share your personal information with — and how much you want to share. (2) (3)

Data privacy means businesses and governmental agencies must protect:

Data privacy also means businesses must comply with data privacy laws. Many state, federal, and international laws are in place to protect your privacy. (4) 

Unfortunately, hackers don’t need much information to scam you and others. Using “just a few key pieces of personally identifiable information (PII), like your name, driver’s license number, and Social Security number, an identity thief can begin accessing credit lines in your name, stealing your tax refund, or draining your bank account.” (5)

If you or a loved one have suffered from data privacy violations, contact us today to understand your legal rights.

Get a Free Case Review

Data Privacy vs. Data Security

Data privacy considers how your “personal data is collected, used, and shared.” Data security takes a close look at how your “data is protected.” (6)

Businesses “must protect data with high value or sensitivity against hackers, competitors, and other unauthorized parties.” (7)

Data security professionals come up with actual solutions to thwart hackers and cyber attackers. (8) Data security technologies include: (9)

What Laws and Regulations Exist to Govern Data Privacy?

“Currently, privacy laws are a cluttered mess of different sectoral rules. … The United States doesn’t have a singular law that covers the privacy of all types of data. Instead, it has a mix of laws.” (10)

Types of Data Privacy

There is a variety of information that falls into this category. Different types of data privacy include:

“A single breach can have serious impacts: Individuals can suffer identity theft or blackmail, while companies risk financial costs along with damage to public, investor and customer trust.” (12)

What Constitutes a Data Privacy Violation?

Businesses do not have a right to violate data privacy laws. You may be able to sue a company if it takes any of these actions, or inactions: (13)

Weitz & Luxenberg Has Experience in Data Privacy Litigation

Our data breach attorneys have worked on — and won — legal cases involving data privacy for our clients. Weitz & Luxenberg has class action lawsuits filed over these data privacy cases, among others:

Our attorneys have a history of winning data privacy cases. One such case was:

Attorneys Dedicated to Combating Data Privacy Violations

Mr. Bilsborrow, as co-chair of our firm’s Consumer Protection group, has spearheaded a
number of W&L consumer class action initiatives.

“In this day and age, data privacy issues are a top concern for millions of people across the country. At Weitz & Luxenberg, we understand the enormous and far-reaching consequences of data privacy violations. Our team has dedicated ourselves to seeking just and appropriate compensation for victims of a failure to maintain data privacy,” says Mr. Bilsborrow.

If you have suffered from data privacy violations, contact us today for a free case review.

Get a Free Case Review

Why Hire Weitz & Luxenberg for Your Data Privacy Case?

Weitz & Luxenberg aims to provide you with the best legal representation possible. W&L attorneys have:

For your protection, W&L recommends:

The good news is that federal, state, and local laws are on your side. Responsible companies should notify you in writing if they think your data may have been compromised. And Weitz & Luxenberg may be able to help when others can’t. Reach out to us today.

What Is Environmental Pollution?

Environmental “pollution is the introduction of harmful materials into the environment.” Examples of environmental pollution include: (1)

Environmental pollution laws are enforced by the U.S. Environmental Protection Agency (EPA) and similar state-level agencies. Here are a few: (2)

At Weitz & Luxenberg, we believe everyone is entitled to safe air, land, and water. Our attorneys go whenever and wherever communities are struggling. The effect of environmental pollution is enormous on the daily life and long-term health of people across our nation.

Weitz & Luxenberg Battles Environmental Pollution

Weitz & Luxenberg has a team dedicated to litigation concerning environmental pollution. Our attorneys on that team have a firm commitment — both professionally and personally — to protecting our environment.

“We have been standing up to corporate offenders for years. We are committed to protecting communities across the country from environmental degradation and its impact on human health,” says Robin Greenwald, a W&L partner and co-chair of our Environmental, Toxic Tort & Consumer Protection group.

“Our firm is ahead of the game in going after environmental violators. We have a proven track record of  going up against huge corporations and winning. And we are prepared to do so again and again, to protect victims of environmental pollution,” adds attorney James Bilsborrow, a fellow partner and co-chair of the practice area group.

If you or a loved one have been exposed to environmental pollution, contact us today for a free case evaluation.

Get a Free Case Review

Environmental Pollution Statistics

Unfortunately, environmental pollution is a large problem across the globe. It negatively affects people and communities around the world.

Roughly 66 million tons of pollutants were released into our atmosphere in 2022. And roughly 85 million people lived in counties with environmental pollution levels that were higher than primary air quality standards. (3)

Injuries Caused by Environmental Pollution

Environmental pollution can lead to medical problems, including: (4) 

Environmental pollution can also make medical conditions worse, including: (5) 

Air pollution “is associated with an estimated 100,000 to 200,000 deaths annually in the United States.” Acid rain and air contaminants can kill crops, affect the livelihood of farmers, contaminate the soil, and poison our water. (6)

Types of Environmental Pollution

There are three main types of environmental pollution: air pollution, water pollution, and land pollution: (7)

Attorneys Dedicated to Combating Environmental Polluters

Ms. Greenwald has been representing victims harmed by environmental pollution for decades. She played an integral role in holding BP accountable for the 2010 catastrophic oil spill in the Gulf of Mexico. She also successfully represented victims of petroleum companies that contaminated groundwater. 

Along with Ms. Greenwald, Mr. Bilsborrow held a leading role in litigating the devastating BP oil spill of 2010. He has also represented farmers with crops harmed by herbicides, as well as property owners and residents whose water was contaminated with the toxic chemicals PFOA and PFOS. 

Many W&L litigations result in significant financial compensation for our clients. This regularly includes medical monitoring, awards for personal injuries, and damages for loss of property value.

If you or a loved one fell victim to environmental pollutants, contact us today to understand your legal rights.

Get a Free Case Review

Environmental Pollution Investigations and Lawsuits

Weitz & Luxenberg has worked to improve our environment for decades. Our lawsuits involving environmental pollution include: 

Typical Compensation for an Environmental Pollution Lawsuit

W&L has won awards of $19 billion in verdicts and settlements for our clients. This includes billions of dollars for victims of environmental pollution.

If you and others in your community have been harmed by environmental pollution, you may be entitled to compensation for: 

The Weitz & Luxenberg Way

Weitz & Luxenberg is dedicated to helping people harmed by the negligent actions of corporate giants. If you become one of our clients, you get these advantages:

Reach out today and see how we can help you if you are facing environmental pollution.

What Is Consumer Fraud?

When consumers suffer financial losses or personal injury due to deceitful, unfair, or questionable business practices, it is called fraud. 

Consumer fraud encompasses everything from ransomware to phishing and identity theft, to false advertising and unauthorized banking expenses. (1) (2)

A key factor in consumer fraud is the entity committing these acts knew they were false or illegal at the time the acts were committed. 

Existing Laws, Acts, and Regulations Protecting Against Consumer Fraud

There are numerous laws, acts, and regulations in place to protect consumers. Consumer protection laws exist at both federal and state levels.

Examples of some of these are:

While every state differs, all states have laws regarding consumer protection, warranty, unfair competition, and false advertising.

If you or a loved one have suffered from consumer fraud, contact us today to understand your legal rights.

Get a Free Case Review

Types of Consumer Fraud

Consumer fraud affects all industries. Here are some common types:

Who Is at Risk of Consumer Fraud?

Anyone can fall victim to consumer fraud. Fraudsters may target seniors, college students, non-native English speakers, or people who are carrying debt. 

Here are some personal characteristics that make you more vulnerable: (7)

What Are the Grounds for a Consumer Fraud Case? 

Knowing if you have grounds for pursuing a consumer litigation for fraud is important. False claims, or misleading statements about products and services without supporting evidence, are grounds for consumer fraud cases. So are unauthorized charges or surcharges.

Understanding the definitions of “injury” and “harm” in relation to consumer fraud litigation is also essential. In consumer litigation focusing on fraud,  the terms “injury”  and “harm” typically refer to suffering substantial monetary losses. 

To determine if you may be a victim of consumer fraud, consider:

Determining the Responsible Parties in a Consumer Fraud Lawsuit

If you have been a victim of consumer fraud, determining who to hold accountable is important. 

Companies are responsible for the products they design, manufacture, sell, or distribute. They can be held accountable for defective and harmful products, as well as misleading information about those products.

Services provided by professionals and organizations are also subject to consumer protection laws. (8) 

To determine the liable parties, consider:

W&L Has Experience in Consumer Fraud and Litigation Lawsuits

If you have been victimized, it may be time to consider filing a consumer fraud litigation. W&L is a national consumer litigation law firm. We have successfully pursued companies who caused consumers to be harmed.

Here is a snapshot of some of our cases:

Attorneys Dedicated to Combating Consumer Fraud

At Weitz & Luxenberg, our consumer protection team is dedicated to combating consumer fraud. James Bilsborrow is a W&L partner and our practice group co-chair.

An experienced litigator, Mr. Bilsborrow spearheads many of our firm’s consumer class action initiatives. He believes, “Earning a profit is not an excuse for questionable and illegal practices. We will fight legally to put a stop to consumer fraud wherever we find it.” 

If you have suffered from consumer fraud, contact us today for a free case review.

Get a Free Case Review

Why Hire Weitz & Luxenberg for Your Consumer Fraud Case?

Fraudsters do not care about the harm they inflict, only about making a dollar. W&L fights back. 

We have the experience and skills to help you get compensation for the fraud you suffered. In all our consumer litigations, we put our energy into getting you the resolution you deserve. 

Violation of the law — and related trickery — needs to be stopped. We believe in protecting consumers and their families from corporations and organizations who take advantage of them.

If you have been affected by a dishonest company, we want to help. Reach out to us. W&L offers a free initial consultation. Let us explore the legal options you have — to get the justice you deserve.

Toxic Chemical Exposure Statistics

“In 2017, 41 U.S. workers died on the job after a single episode of inhaling chemicals and chemical products.” Some of the worst offenders included carbon monoxide, hydrogen sulfide, coal, natural gas, petroleum products, and methane gas. “Inhaling carbon monoxide led to the most fatalities” from 2011 to 2016. (1)

But inhalation is not the only way someone can be exposed to and made sick by chemical exposure. Some estimates suggest “more than 13 million workers in the United States are potentially exposed to chemicals that can be absorbed through the skin.” Dermal exposure to hazardous substances can lead to skin diseases and systemic toxicity. (2)

Food poisoning is also sometimes linked to added chemical toxins. The federal “government estimates that there are about 48 million cases of foodborne illness annually — the equivalent of sickening 1 in 6 Americans each year. And each year these illnesses result in an estimated 128,000 hospitalizations and 3,000 deaths.” (3)

Types of Toxic Chemicals

Some toxic substances are manmade, but others occur naturally in the environment. These harmful gases and chemicals include: (4)

Other examples of toxic chemicals are:

All these toxic chemicals can be hazardous to your health. They can cause a variety of illnesses.

If you were seriously injured by toxic chemical exposure, contact us today for a free consultation.

Get a Free Case Review

Injuries Caused by Chemicals

Injuries caused by toxic chemicals vary depending on the substance you were exposed to. For example: (15)

Chemical exposure can also cause cancer, death — or both — depending on the specific chemical. For example, you can suffer carbon monoxide poisoning if it builds up in your bloodstream. Too much “can lead to serious tissue damage, or even death.” (16)

Carbon monoxide gas is particularly dangerous because it is colorless, odorless, and tasteless. You can breathe in carbon monoxide gas from burning different types of fuel, including gasoline, wood, propane, and charcoal. “Improperly ventilated appliances and engines” could make it possible for carbon monoxide to reach dangerous levels. (17)

The Consumer Product Safety Commission of the U.S. reported “145 incidents resulting in an estimated 210 unintentional non-fire” carbon monoxide “poisoning deaths associated with the use of consumer products” for 2018. Engine-driven tools were the main culprit leading to poisoning deaths. (18)

Legal Options Include Negligence

Manufacturers and other businesses are expected to act responsibly and ensure the safety of people who work with or around toxic chemicals. All companies have a responsibility to safeguard the people who live near their facilities or buy their products.

Businesses and other large organizations have a duty to ensure they dispose of industrial waste safely, protect drinking water, and safeguard the air you breathe. If their actions cause you to be exposed to a toxic chemical, they can be held accountable.

If you or a loved one was severely injured from toxic chemical exposure, your case may fall under negligence if companies or individuals were indifferent in their care of toxic chemicals.

Lawsuit Falls Under Product Liability

Cases can also fall under product liability if a product you purchased contained a toxic chemical and you were exposed. We live in a world filled with all kinds of products, from household appliances, to medical devices, to toys, to gardening supplies. The possibilities are practically endless, and many of these products contain or were manufactured with potentially harmful chemicals.

For example, some sleep apnea CPAP, BiPAP, and ventilator devices have been recalled because they contain a harmful substance called polyester-based polyurethane (PE-PUR). This “sound abatement” foam integrated in the medical device airpath releases toxic and cancer-causing particles and gases. You can inhale or ingest this poisonous chemical.

In the case of joint replacement implants, components can rub together causing friction. In the process, toxic metal particles can leach into surrounding tissues. This metallosis causes some people to develop serious health complications.

Sometimes your chemical exposure injury is not an isolated incident. Your injury might be part of something larger, where many people were hurt by the same product or the same environmental concern. You could be the person who brings attention to a widespread problem.

Were you harmed by toxic chemical exposure? Call today for a free consultation.

(833) 977-3437

How W&L Can Help

Businesses operating in states across the country are expected to meet federal standards of safety. But individual states also have their own laws and regulations the businesses must follow.

If you have been severely injured from exposure to toxic chemicals in New York, absolutely look for a law firm with experience handling personal injury cases in the state. This type of firm knows the state’s laws and regulations inside and out.

But also look for a law firm with a national presence. You want a firm that has gone up against large manufacturers operating throughout the U.S. And won.

Choose a Firm with Experience

Weitz & Luxenberg is one such firm — acting locally and nationally. Our attorneys across the country handle personal injury lawsuits involving air pollution, water contamination, and defective products and medical devices. Even more important, Weitz & Luxenberg has a solid history of winning.

Here are just a few examples:

Personal Injury Is Serious

Personal injury has become a significant problem in the United States, with injuries happening every day. A personal injury is any harm done to your body, mind, or emotions; it does not include damage to your property. (1)

Data indicates there were over 167,000 preventable deaths and 46.5 million injuries in 2018, according to the National Safety Council (NSC). (2)

The NSC also estimates 3 people die while 885 people suffer preventable, severe injuries every 10 minutes. (3)

Places Injuries Occur

Personal injuries can happen at home, at work, at an entertainment or sports venue, or even at the home of a friend.

They can also happen on a city street, on public transportation, or in a medical setting.

In fact, an injury can happen almost anywhere.

Construction worker injured on the job

Types of Injury

The types of personal injury are as varied as the places where these injuries occur.

Here are some of the personal injuries occurring:

Additional common types of personal injuries include:

No matter where they occur, the damage from personal injuries can be severe and have long-term consequences. Yet, the causes of such injuries are varied and often preventable.

What Causes Personal Injuries?

With 29.4 million unintentional injuries requiring emergency room medical attention in one year, it is easy to see how prevalent serious personal injury has become. (22)

Causes of personal injury can range from accidents to medical mistakes to dangerous or defective products to negligence.

If you or anyone you know is suffering from a personal injury, contact us for a free case evaluation.

Get a Free Case Review

Accidents

Accidents are a very common cause of personal injury. They often cause injuries that require medical attention.

Construction

Work related accidents are a concern, especially accidents at construction sites. The Occupational Safety and Health Administration reports, “one in five worker deaths” in 2019 were in construction. These incidents often involved falls, getting struck by an object, electrocution, or being caught in or between mechanisms such as elevator shafts and cars. (19)

Transportation

Personal injuries have occurred on every mode of transportation, such as:

In fact, motor vehicle accidents have long ranked among the most common and deadliest transportation accidents. “Each year in the United States, about three million people are nonfatally injured in motor vehicle crashes. …More than 100 people die every day in the US from motor vehicle crashes.” (20)

It is also common for people to be injured while riding on bicycles or scooters, or even just walking on the sidewalk.

Pools and Recreation

Pools and other recreational facilities not properly maintained or not providing adequate supervision can increase the risks of accidents and lead to deaths or injuries. Injuries at pools and recreational facilities often include slips and falls, drownings, electrocutions, and even lightning strikes.

Medical Mistakes

Personal injury can also result from medical mistakes made during treatment, procedures, or surgeries. A study found there were as many as 251,000 deaths annually due to medical errors in the U.S. (21)

Dangerous or Defective Products

Dangerous or defective products on the market can cause serious injuries, including fatalities. This is especially true with respect to medical devices.

For example, hip implant devices have led to complications because manufacturers may bring new hip implants to market without adequate evaluation for safety.

Likewise, combat earplugs issued to servicemen may fail to perform correctly, resulting in hearing loss.

Negligence

Negligence is key in personal injury cases. Negligence can result in serious, even life-threatening injuries.

It may be a premises liability case where the owner of a property fails to foresee a potential harm and take steps to prevent it. Or a nursing home fails to provide adequate care to patients.

What To Do If You Have Been Injured

If you have suffered a serious personal injury, the very first thing you should do is seek medical attention. This cannot be stressed enough.

Even if your injuries are not life-threatening, proper medical attention can establish a prognosis. And don’t forget, medical records not only serve as proof of your injuries, but also your expenses.

Your next step should be to consult with an attorney. An attorney helps you deal with insurance companies, prepares and files a lawsuit, negotiates a settlement, and provides representation in court.

Other actions your attorney takes on your behalf:

Woman with injury seeks compensation

Why File a Personal Injury Lawsuit

The primary reason for filing a personal injury lawsuit is to obtain compensation for your injuries.

As a result of your injuries, you may be faced with mounting medical bills, loss of wages or possibly your job, and even long-term financial instability. Not only that, but you may experience mental or emotional hardship.

Individuals and businesses have a duty to consider the safety of others. If they do not take reasonable care, they can be held liable for damages. A lawsuit holds the responsible group accountable.

Are you or a loved one experiencing hardship as a result of an injury? You may be eligible for compensation.

(833) 977-3437

Getting Compensation for Your Injuries

If someone, or a corporation, is responsible for harm done to you, Weitz & Luxenberg may be able to help you gain the compensation you deserve.

This compensation can be vital if your injuries are serious, require a lengthy recovery time, or have long-term consequences.

Compensation can help cover your medical expenses, your time off from work and also make up for some of the pain and suffering you have endured.

This payment may also help you recover from the psychological and emotional trauma of coping with your injuries.

How W&L Can Help

Weitz & Luxenberg has years of experience with personal injury cases and is a nationally recognized firm. Our attorneys have successfully negotiated large settlements and won millions of dollars in verdicts for our clients.

These cases highlight some of our successes:

What Is Negligence?

If you suffer harm because of another’s careless action, or lack of action, then that person or company can be held liable (legally responsible) for the harm done to you. The legal term for that carelessness is “negligence.” (1)

Negligence cases are civil cases, which are known as “tort actions.” The term “tort” simply means a legal wrong. Negligence law allows you to sue someone for the harm they caused you either by accident or recklessness. (2) Negligence occurs when someone’s actions or failure to act falls below a reasonable standard of care. (3)

This reasonable standard of care is based upon the notion of “what an ‘ordinary’ or ‘reasonable person’ would have done in similar circumstances,” says the American Bar Association. (4)

Who Can Be Negligent?

Negligence can come into play across many industries, professions, and circumstances. It can happen any time someone acts inattentively or recklessly.

There are any number of situations where negligence may play a role. Here are a few examples:

If you or a loved one has experienced injury resulting from negligence, contact us for a free consultation.

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Classifications

Negligent acts usually fall into one of two classifications: ordinary or gross.

Ordinary negligence is when “a person does not take reasonable precautions, resulting in injury to another.” For instance, when a driver fails to stop at a stop sign, that is ordinary negligence. (5)

On the other hand, gross negligence “involves more than simple carelessness … It means an extreme disregard or indifference for the safety of others.” (6) An example of gross negligence might be when a driver fails to stop for a school bus while children are getting on or off, and instead tries to pull around it.

How to Establish Negligence or Lack of Reasonable Care

Negligence comprises five elements. These elements are: (7)

To prove a case of negligence, your lawsuit must establish: (8)

What Is Duty?

A duty is the responsibility or obligation members of society have to each other. It is a failure of duty to engage in harmful behavior. (9)

Determining a Duty to Act

Sometimes a duty to act is mandated by law. Many states’ laws require you to stop and help someone who has been hurt, say in an accident. You could also be required by law to help rescue someone from a flood or fire, or to try to prevent harm to others by warning people of an impending danger.

Often these laws directly apply to trained professionals, such as first responders and medical personnel.

However, these laws can be aimed at any group of citizens who, by acting, may prevent harm to themselves and others. Think of city laws which mandate that homeowners must shovel the sidewalks in front of their homes within 24 hours after a snowfall.

When the duty to act is not mandated by law, a court may determine that a duty to act exists based upon what a reasonable person would have done in similar circumstances. This is sometimes called the “Reasonable Standard of Care” rule.

Additionally, the court may determine a duty to act exists based upon your relationship with the person you are suing. Some relationships are categorized as voluntary, while others are considered professional.

A voluntary relationship might exist between neighbors or between homeowners and guests visiting their home.

Professional relationships might include a doctor and patient, or a lawyer and client. (10)

If a duty to act exists, the next consideration is whether or not that duty has been breached.

Breach of Duty

A breach of duty refers to the conduct (actions) or omission (lack of actions) of the person or company that harms someone. And, duty may depend upon the relationship between you and who you are suing.

Additionally, modern law requires a person to act with reasonable regard for the safety of others and themselves. When a person acts carelessly, without consideration for their own safety or that of others, they have committed a breach of duty. (11)

In determining breach of duty, courts seek answers to these questions:(12)

Using the Hand Formula: Many courts also use the Hand Formula to determine breach of duty. This formula is B<PL. In the formula, B = burden of taking precautions, P = probability of loss, and L = gravity of loss (personal). (13)

Injury and Causation

Once duty and breach have been established, the court examines the injury and whether the breach of duty caused the injury suffered.

Injury refers to the suffering of the person injured, either from harm to body or property, which must be demonstrated to the court. Determining whether there was an injury largely depends upon the answers to two questions:

To legally prove a case of negligence, you must establish a cause-and-effect relationship between the negligent act of the person or company you are suing and the harm you suffered. (14)

Two Types of Causation

There are two types of causation. First, there is “factual cause” where you can clearly establish a connection between the negligent act and your injuries. (15) So, for example, a driver who runs a red light and hits your car has factually caused harm to you and your car.

There are situations, however, where factual cause is difficult to prove. This is especially true when several parties’ actions are in question and each party bears some degree of responsibility.

As an example, say you and your toddler are at a park where your child is playing in a sandbox with several others. You see some children fighting over a toy, and your child’s lip is cut and bleeding. It is clear from examining your child’s mouth that stitches are required. Which of the other children’s parents do you expect to pay the medical bills?

In such cases, “proximate cause” may be determined. Proximate cause is when a reasonably close connection between a negligent act and injury can be made. (16) Proximate cause considers several things, like logic, fairness, policy, and practicality to determine liability. (17)

Damages

Damages are the money awarded as compensation for injury due to some legal wrong. Different types of damages can be awarded: (18) (19) (20)

A judge or jury determines the appropriate damages to be awarded after considering the evidence.

Obtaining Compensation

Usually, the person suing must only make a reasonable argument that the person or company being sued was negligent, even if there is a plausible argument they were careful.

You Were Careful and the Other Person Was Negligent

Sometimes, the cause and responsibility can affect the compensation the person you are suing may have to pay you.

An example would be a case that involves only two parties. You are careful, but the other party is negligent. The other party would have to pay the full damages awarded to you.

One example of this might be if you walk into a store where the floor is still wet after being mopped. No sign is posted indicating the floor is wet, and you slip and fall. The store would have to pay the full damages for your injuries.

If You Were Also Careless

But what if you were also careless? What if there was a sign posted but you did not read it? Your right to be compensated may be reduced to the extent your carelessness was responsible for the accident.

In awarding damages, the court might use a percentage to allocate fault. For instance, the court could determine that you were 30% at fault and whoever was being sued was 70% at fault. Damages would be awarded based upon the respective percentages of fault.

Liability and the Workplace

Employers may be held liable for the negligence of their employees, their properties, and their products.

Need legal assistance for a negligence case? Speak to an experienced attorney today for a free case evaluation.

(833) 977-3437

If a negligent person causes an accident while working for someone else, the employer is also legally responsible.

And, if an accident is caused on dangerous property or by a defective product, the owner of the property, or the maker or seller of the product, is liable. This is regardless of whether he or she actually created the danger or defect.

A Defense to Negligence

Sometimes the person or company being sued claims there is a defense to the lawsuit. The most frequent defenses to negligence lawsuits include: (21)

Comparative negligence ― “recovery is apportioned based on both party’s degree of fault.” Both of you caused the injury, but in different amounts. For example, you are driving down a highway, then make a sudden left turn, without signaling, and your car is struck by an oncoming delivery truck speeding.

Contributory negligence ― “both the defendant and the plaintiff can be at fault.” You can’t sue successfully because you were also at fault, even if just slightly. While driving, you are involved in a multicar pile-up and are injured; however, you were not wearing the legally required seatbelt at the time of the crash, which contributed to your injuries.

Assumption of risk ― You enter a dangerous situation “voluntarily,” knowing the risk. That means you are assuming the risk of injury; you had a choice to avoid it but did not. Let’s say you are at a beach. There is a sign posted that clearly states the hours a lifeguard is on duty. You want to go swimming even though a lifeguard is not on duty. You ignore the sign and swim anyway. Then you get caught in the undertow, slam into rocks in the water just offshore, and are seriously injured.

How Weitz & Luxenberg Can Help

Weitz & Luxenberg’s attorneys represent clients in negligence cases. We have a winning track record. Here are just a few examples of negligence cases we have won:

Based on the current law, it can be difficult to establish grounds for a negligence case. An experienced attorney can provide the guidance for you to have your best chance of a successful lawsuit.

Mesothelioma Litigation: Holding the Asbestos Industry Accountable

“My answer to the problem is: if you have enjoyed a good life while working with asbestos products, why not die from it.” That’s what one asbestos industry executive wrote to another in 1966, records show.(1)

My answer to the problem is: if you have enjoyed a good life while working with asbestos products, why not die from it.”

That notorious industry memo has been used by many to highlight how corporations favored profits over the health — and very often the lives — of workers who were being exposed to asbestos. Today, national law firms like Weitz & Luxenberg help asbestos victims obtain the compensation they deserve while holding companies accountable. Some of the most significant financial victories for victims have been the result of mesothelioma litigation.

How Mesothelioma Litigation Can Help You

Mesothelioma is an asbestos-related cancer that’s tied to asbestos exposure — whether from job-related activities, hobbies, “take home” exposures, or use of such consumer products as talcum powder. The deadly disease is preventable, but many asbestos companies ignored the dangerous effects of asbestos exposure and some even hid the potential hazards from their employees and their consumers. This reckless conduct has left victims angry, ill, financially depleted, and has caused some victims’ deaths.

If you or your loved one has been diagnosed with or died from mesothelioma cancer, litigation may be right for you. With the help of skilled mesothelioma attorneys, asbestos victims and their families have won substantial verdicts.

Mesothelioma Litigation Steps

Typically, once you file a mesothelioma lawsuit you can expect several steps to follow: response to the lawsuit, discovery, depositions, settlement discussions, possible trial, verdict, and possible appeal. The right mesothelioma attorney will try to resolve the case as quickly as possible.

If your case goes to trial, the verdict, or the outcome of your claim, is decided by a jury. You should expect a routine that consists of:

1. Arguments

The jury listens to all the testimony, looks at the evidence, and considers the arguments offered by both sides.

2. Deliberation

Jurors deliberate among themselves.

3. Decision

Jurors decide whether the defendants are liable for the injuries you have suffered.

4. Compensation

If liability is found, the jury then decides how much money you should receive in compensation.

5. Court Order

The judge enters an order requiring the defendants to pay their share of either the sum determined by the jurors, or a higher or lower dollar amount.

Notable Mesothelioma Verdicts

Most mesothelioma lawsuits are settled outside of court. Some, however, go to trial. Weitz & Luxenberg has a decades-long history of prevailing in most mesothelioma trials, including securing a record-breaking $190 million verdict in 2013.*

2023

Attorneys from Weitz & Luxenberg’s Los Angeles office secured a $40 million jury award for our client exposed to asbestos through his military service repairing and rewinding electric motors.

2022

Weitz & Luxenberg achieved a $43 million trial verdict for a couple. The wife developed mesothelioma more than 30 years after being exposed to her husband’s asbestos-contaminated work clothes when she did his laundry.

2021

In a trial win for our client against Johnson & Johnson, Weitz & Luxenberg achieved a $27.4 million trial verdict. Our client developed mesothelioma after decades of using Johnson & Johnson’s Baby Powder® containing talc contaminated with asbestos.

2019

Weitz & Luxenberg secured a $25 million dollar trial verdict for our client. He was exposed to asbestos through his work at oil refineries in Iran and later developed testicular mesothelioma

2017

Weitz & Luxenberg won its highest single case verdict ever: $75 million for a woman who contracted mesothelioma from both laundering her husband’s asbestos-contaminated clothes and direct exposure to asbestos automotive engine gaskets.

2014

In one of 2014’s largest New York state product liability cases, Weitz & Luxenberg won a $25 million jury verdict for two electricians who were exposed to asbestos at work and later diagnosed with mesothelioma cancer.

2013

After a three-month trial, Weitz & Luxenberg won a record-breaking $190 million verdict for five New York blue-collar tradesmen with mesothelioma cancer, who claimed the companies whose products they worked with knew, but did not disclose, the dangers of working near asbestos.

2013

A New York Supreme Court jury awarded $35 million to an asbestos-removal worker who died from mesothelioma cancer. Before his death, the victim provided deposition testimony to Weitz & Luxenberg. The trial team read the testimony into evidence.

2008

Our firm’s mesothelioma lawyers obtained what’s believed to be the first verdict against an asbestos dental tape supply company. The $16 million verdict was on behalf of a 71-year-old man who developed mesothelioma cancer after he was exposed to asbestos-containing dental tape at a dental technician school in the late 1960s.

2006

A Weitz & Luxenberg trial team secured a $25 million verdict for a former brake specialist who lost his right lung to mesothelioma cancer.

2003

Following a two-month trial, a jury found that two power plants failed to provide workers on their premises with a safe working environment. The jury awarded an ex-boilermaker $47 million, blaming his mesothelioma cancer on years of working with asbestos.

2002

Weitz & Luxenberg helped a man and his family win a $53 million verdict for his mesothelioma-causing asbestos exposure as a brake mechanic. It was hailed as one of the largest compensatory verdicts for a single plaintiff in the history of mesothelioma litigation.

1991

One of our firm’s first major legal successes involved winning a historic $75 million verdict on behalf of 36 men who formerly worked at the asbestos-plagued Brooklyn Navy Yard.

Partnering with Mesothelioma Lawyers

A mesothelioma cancer diagnosis can turn your life upside down — both emotionally and financially. Don’t let litigation add to that burden.

Weitz & Luxenberg’s compassionate and experienced mesothelioma attorneys would be privileged to handle the litigation process for you, and provide you with peace of mind and support during this confusing and emotional time.

For a free legal consultation, please call (833) 977-3437 or fill out a form to speak to one of our mesothelioma attorneys.

What Is Asbestos?

asbestos minerals.
Asbestos is a collective term given to a group of minerals that naturally occur as bundles of long, thin fibers in rocks.

Asbestos is a collective term given to a group of minerals that naturally occur as bundles of long, thin fibers in rocks. It has been widely used in commercial products.

Made of silicon, oxygen, and other elements, the material is known for its impressive strength and resistance to heat, fire, electricity, and chemicals. Because of these qualities, a wide range of industries used asbestos to strengthen, insulate, and fireproof thousands of products.

However, it has been known for many decades that inhaling airborne asbestos fibers can cause devastating diseases, including mesothelioma, asbestosis, and lung cancer. Although almost all uses of asbestos have been discontinued, it remains legal in the U.S. for more than a dozen uses.

Were you or a loved one diagnosed with mesothelioma? Call for a free legal consultation.

(833) 977-3437

Types of Asbestos

Asbestos minerals are categorized into two groups: serpentine asbestos, known as chrysotile, and amphibole asbestos, including amosite and crocidolite. All types have been linked with cancer.(1) In fact, federal and international health agencies, including the U.S. Department of Health and Human Services, the U.S. Environmental Protection Agency, the International Agency for Research on Cancer, and the World Health Organization, classify all varieties of asbestos as cancer-causing substances.(2) (3)

The most widely used type of asbestos- chrysotile asbestos.

Chrysotile Asbestos

Chrysotile asbestos is the most widely used type of asbestos.(4) Also known as white asbestos, chrysotile asbestos accounts for 90% to 95% of asbestos used in the U.S.(5) It is highly flexible and had historically been used in brake linings, cement, clutch facings, joint compounds, cloth, gloves, and many other products.(6) Exposure to chrysotile asbestos causes mesothelioma, asbestosis, and lung cancer, according to the World Health Organization.(7)

Where Asbestos Is Found

Asbestos became a standard component of products such as cement, roofing materials, pipe covering, heating-system insulation, gaskets, and brake linings beginning in the late 1800s.

The material was woven into textiles, which were then used to make fire-protective clothing, masks, and gloves for people who worked in environments with intense heat, such as welders. Companies used asbestos insulation on industrial production lines and in refineries, power plants, and chemical plants.

Virtually every U.S. Navy ship built from the early 1900s until the mid to late 1970s contained asbestos. It was used to insulate the engine rooms and pipes aboard the ships, and to fireproof walls and doors, while asbestos gaskets and packing was used in boilers, pumps, and valves.(8)

Virtually every U.S. Navy ship built from the early 1900s until the mid to late 1970s contained asbestos.

The construction, shipbuilding, and automotive industries, among others, continued to widely use asbestos until the 1970s, when the health consequences of asbestos exposure lead the U.S. Occupational Safety and Health Administration (OSHA) to impose severe restrictions on exposures.

Use of asbestos has declined dramatically since the mid-1970s, and mining of asbestos stopped in the U.S. in 2002. However, asbestos is still present in older homes and public buildings, including some schools, as well as in some construction and automotive materials. In addition, some companies continue to import the toxic substance.(9)

Asbestos Exposure

When asbestos-containing materials deteriorate or are damaged or disturbed during work-related or other activities, microscopic, toxic fibers can become airborne and affect anyone who inhales them.

People may be exposed to asbestos at work, in their communities, or in their homes. Asbestos exposure may happen when people saw, sand, drill, or scrape asbestos-containing materials, or when those materials age or weaken. Lethal asbestos fibers can also collect on workers’ clothing, putting their family members at risk of asbestos exposure in the home.(10)

Dangers of Asbestos Exposure

When breathed in, asbestos fibers tend to build up in the lungs and cause inflammation and scarring over time. This can affect breathing and lead to serious health problems.(11)

Asbestos exposure kills roughly 255,000 people each year globally. The vast majority of these — 233,000 — are work related.(12) In addition, several thousand deaths annually are estimated to be caused by asbestos exposure in the home.(13)

Asbestos-Related Diseases

It can take years to several decades for an asbestos-related disease to surface after a person’s first exposure to asbestos. Asbestos-related diseases include:

asbestos exposure warning.

People at Risk of Asbestos Exposure

Globally, about 125 million people are exposed to asbestos at work.(16) In the U.S. alone, more than one million employees in construction and general industries “face significant asbestos exposure on the job,” OSHA has estimated.(17)

People at risk for asbestos exposure in the workplace include:

Children or family members may inhale asbestos fibers if a worker comes home with fibers on his or her hair, skin, or clothes. In addition, many asbestos victims trace their illnesses back to the military.(18)

How Weitz & Luxenberg Can Help

With nearly 40 years of experience in asbestos litigation, Weitz & Luxenberg provides exceptional and compassionate legal help to victims of asbestos exposure. We have represented more than 33,000 individuals and families who have been affected by asbestos, taking on more than 500 cases each year from clients nationwide.

Our attorneys are committed to getting victims the compensation they need and the justice they deserve while holding companies accountable for the damage caused. We give each case our utmost personal attention. Because our firm has worked on so many asbestos cases, we are expert at pinpointing where people were exposed to asbestos, what products they were exposed to, and what companies are responsible.

To date, Weitz & Luxenberg has won more than $8.5 billion in verdicts and settlements on behalf of our asbestos clients.

Speak with an Asbestos Attorney Today

If you were diagnosed with an asbestos-related disease or your loved one died from an illness caused by asbestos exposure, you may be eligible for compensation. Our expert asbestos attorneys would be honored to help you.

For a free consultation and to learn more about your legal options, call (833) 977-3437 or fill out a form to speak with a member of our dedicated team.