Asbestos-cancer victims think suing possible only if they can recall all details of long-past exposure; Weitz & Luxenberg aims to correct their mistaken notion

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Often, a desire to secure cancer financial assistance leads asbestos-exposure victims to initially consider a lawsuit, but many then hesitate to discuss the merits of their case with an asbestos lawyer. Reason: they can't fully remember when, where or how they were exposed, so they mistakenly assume their case would be unprovable. Not so, says Weitz & Luxenberg. The New York law firm is launching an initiative to educate them about ways gaps in their memories can be filled.

...[I]f a person exposed to asbestos can remember where he or she worked 20, 30, 40 or more years ago, chances are we can pinpoint the asbestos-containing products with which he or she came into contact and identify the corporations responsible....

Weitz & Luxenberg, PC, today announced the launch of an education initiative designed to reassure asbestos exposure victims suffering with mesothelioma, lung cancer or asbestosis that it isn’t necessary to be able to recall the full details surrounding their encounter with the toxic mineral in order to proceed with a lawsuit against the corporations responsible for causing the harm.

“A desire to obtain cancer financial assistance is what drives most asbestos-exposure victims to initially consider a lawsuit, but we’ve noticed that many of them hesitate to take the next step of contacting an asbestos lawyer to discuss the merits of their case because they mistakenly believe their case will turn out to be unprovable,” said the mass-tort and personal-injury litigation law firm.

“The reason they think this is because their exposure to asbestos occurred decades ago and it’s only now that they’ve developed lung cancer, mesothelioma or asbestosis, so they question whether they’ll be able to remember when, where and how they came into contact with asbestos or be able to find corroborating evidence in the form of documents and witnesses after so lengthy a time,” the firm said.

“Our position as asbestos lawyers is that if a mesothelioma or asbestos lung-cancer victim can recall at least a few details of the exposure, we may be able to fill in the gaps with appropriate research,” the firm said. “For example, if a person exposed to asbestos can remember where he or she worked 20, 30, 40 or more years ago, chances are we can pinpoint the asbestos-containing products with which he or she came into contact and identify the corporations responsible for causing the injury.”

“This is why we are endeavoring to educate mesothelioma, lung cancer and asbestosis patients that they should feel confident about coming forward and talking to us about getting the justice they deserve – justice in the form of compensation to pay their medical bills and to ensure the financial security of the family they’re eventually going to leave behind or may already have left behind,” the firm said.

Weitz & Luxenberg also said that many smokers who develop lung cancer assume incorrectly that they are barred from suing for an asbestos-exposure injury. “Plaintiffs who were occasional smokers, moderate smokers or heavy smokers can sue and be compensated if they were harmed by asbestos,” the firm said. “For example, we recently secured a sizable settlement on behalf of nine New Yorkers – all but one of them deceased – who claimed they developed lung cancer at least in part because of workplace exposure to asbestos and not solely due to smoking [docket No. 1081362002, New York Supreme Court, Manhattan]. We believe that smokers and non-smokers aline should never be reluctant to seek justice for themselves. The science shows asbestos exposure can cause lung disease. Period.”

Asbestos-exposure cancers are typically very aggressive, the firm said. “They attack the lungs, but it doesn’t happen immediately,” the firm continued. “Symptoms typically surface decades later.”

Asbestos is a fibrous mineral possessing certain properties that make it ideal for insulating against high heat. “Asbestos has been used for that purpose over the span of centuries, but not until the early 1900s did it find wide application in industrial and consumer products, Weitz & Luxenberg said. “In the 1980s, the U.S. Environmental Protection Agency began putting up roadblocks to its use, but asbestos is still with us and people will continue to suffer the latent effects of past asbestos exposures well into the future.”

About Weitz & Luxenberg:

Founded in 1986 by attorneys Perry Weitz and Arthur Luxenberg, Weitz & Luxenberg, P.C., today ranks among the nation’s leading law firms. Weitz & Luxenberg has secured more than $6.5 billion in verdicts and settlements for its clients. The firm's numerous practice areas include: asbestos and mesothelioma, defective medicines and devices, environmental pollutants, accidents, personal injury, and medical malpractice. Victims of accidents are invited to rely on Weitz & Luxenberg’s more than 25 years of handling such cases – begin by contacting the firm’s Client Relations department at 1-800-476-6070 or at and ask for a free legal consultation. More information:

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Dave Kufeld
Weitz & Luxenberg P.C.
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