LITIGATION WORKBOOK YOUR ASBESTOS LITIGATION PROCESS GUIDE
401 N. Michigan Avenue, Suite 350 Chicago, IL 60611 (312) 466-1669 www.vogelzanglaw.com
AS A
BOUTIQUE PERSONAL INJURY
WITH
LAW FIRM
EXTENSIVE KNOWLEDGE
DEFINE & RESOURCES, WE OURSELVES BY OUR
UNWAVERING
COMMITMENT OBTAINING
JUSTICE AND THEIR
FOR OUR
CLIENTS
FAMILIES.
TO
CONTENTS VOGELZANG LAW ......
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COMPREHENSIVE CARE ......
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WHY FILE A LAWSUIT? ......
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BUILD A BETTER FUTURE ......
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OUR PROCESS ......
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YOUR VOGELZANG SUPPORT TEAM ......
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INITIAL CLIENT MEETING TOPICS ......
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WHY CHOOSE US? ......
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PAST RESULTS ......
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At Vogelzang Law, we are dedicated to obtaining justice for victims of wrongful asbestos exposure and their families. With almost 20 years of experience in mesothelioma litigation, we understand that when families face a mesothelioma diagnosis, time is of the essence. It is our mission to provide you and your loved ones with individual care and guidance to ease the process. Our practice is shaped by our commitment to justice and our empathy for the difficulties caused by a mesothelioma diagnosis. We believe in holding corporations accountable for the damage they have done to working Americans, and it is our priority to make the process as easy as possible for you and your family on the way to justice. Above all, our team equips families with the facts and resources they need to make informed decisions about their future.
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VOGELZANG LAW
WE BELIEVE IN HOLDING CORPORATIONS ACCOUNTABLE FOR THE DAMAGE THEY HAVE DONE TO WORKING AMERICANS.
OUR PROCESS
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COMPREHENSIVE CARE
YOUR
WELL-BEING
IS OUR
PRIORITY
After a mesothelioma diagnosis, things move fast. We help families decide if seeking litigation is the right path. No matter what you choose, we firmly believe that nothing is more important than your health and comfort. Should we work together, our team makes every effort to travel to your preferred location to discuss the details of your case. ACCESS TO MEDICAL ADVICE Between our knowledgeable attorneys and leading mesothelioma specialist Dr. Nicholas Vogelzang, we have decades of experience helping families navigate this difficult time. We understand that this process can be challenging, so we provide client access to leading oncologist Dr. Nicholas Vogelzang.
ACCESS TO CONSULTATIONS WITH DR. NICHOLAS VOGELZANG Each of our clients has access to consultations with Dr. Nicholas Vogelzang, a leading U.S. mesothelioma specialist and researcher.
“THE PERSON WHO GETS MESOTHELIOMA IS THE SAME PERSON AS YOU WOULD SEE ON THE STREET. IT DOES NOT RESPECT GENDER, OCCUPATION, OR RACE.” -Dr. Nicholas Vogelzang, MD
• Named as a Best Doctor in America in 2017 • Named Distinguished Physician of the Year and received the Laureate Award from the American College of Physicians in Nevada in 2013 • Discovered the first life-extending treatment for mesothelioma: a combination therapy of ALIMTA and CISPLATIN • Revolutionized mesothelioma treatment methods • Continues to lead clinical trials and pioneer groundbreaking therapies and treatments
WHY FILE A LAWSUIT
PROVIDE FOR YOUR FAMILY Many corporations using asbestos have failed to warn their employees of the risks. Filing a lawsuit against the companies who wrongfully exposed you or a loved one to asbestos can provide financial security for your family.
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IN ADDITION TO SERVING YOUR FAMILY, THE BENEFITS OF AN ASBESTOS LAWSUIT WILL REACH OUT INTO THE COMMUNITY, CREATING A SAFER WORLD.
HOW SEEKING JUSTICE CAN HELP • Gain financial stability after a tragic diagnosis and expensive medical bills. • Punish large corporations who knowingly put their employees at risk. • Get your share of the bankruptcy trusts and claim money that has already been set aside for asbestos victims. • Give back to your community by donating to your favorite charities, churches, and organizations. • Provide future financial stability for your spouse, children, and loved ones for things such as education or college funds.
Former client, Joe Licko
BUILD A SAFER WORLD Seeking justice from careless asbestos companies benefits more than just your family; an asbestos lawsuit can create a safer world for working Americans. Corporations continue to lobby for policies that allow them to use harmful products, putting employees at risk and costing lives. Thanks to lawsuits by individuals, we are putting financial pressure on these companies to change the way they do business. We want to send a message that they cannot play with the lives of working Americans.
the foundation for policy changes that could save hundreds of thousands of employees from asbestos exposure and mesothelioma. Together, we can build a better future, one where no one contracts mesothelioma due to workplace exposure. Your family, friends, and community will be safer, since even secondhand exposure to asbestos dust can lead to mesothelioma.
YOUR LAWSUIT CAN SPARK CHANGE THAT WILL BENEFIT GENERATIONS TO COME.
Your lawsuit can spark change that will benefit generations to come. By holding these companies accountable for wrongful exposure, you help lay
BUILD A BETTER FUTURE
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CONSIDER OUR LAW FIRM Contact us to see if taking legal action is right for you. We will connect you with resources within our network who can help while we assess your legal needs.
INITIAL CLIENT MEETING
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This is our chance to get to know each other and for us to learn your story. You will meet with your attorney to uncover the unique details of your case and determine the best course of action. At this stage, expect to discuss your employment history and relevant medical information. Your attorney will work with you to determine when and how your exposure occurred, so there is no need to worry if you are unsure exactly where you were exposed. If you decide to move forward with us, you will sign a contract of representation and authorization forms that allow us to begin pursuing the case.
DOCUMENTS & LEGAL RESEARCH Back at the office, your support team will receive the information from your initial client meeting and begin digging into the case. They will request records, conduct legal research, and draft a legal complaint on your behalf.
COMPLAINT & TRIAL DATE Our attorneys file your complaint in court and request an expedited trial, allowing us to move forward quickly. The legal team works with you to gather the information they need to litigate your case well, meeting you at your preferred location to maximize your comfort. We strive to achieve settlement within 12 months.
LITIGATION, TRIAL, & SETTLEMENT When your case goes to court, your team will be there with you every step of the way. We will pursue justice on your behalf and make sure that companies take responsibility for your exposure and injury. If you choose to attend your trial date in person, our extended team will be available to accompany you to court and offer support to you and your family however you need.
BANKRUPTCY TRUSTS After your case has settled in court, an Asbestos Trust Paralegal will be assigned to your case and begin submitting requests to Asbestos Trusts on your behalf. This process can take several years beyond the initial settlement, so our staff will keep you updated throughout this process.
OUR PROCESS
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YOUR VOGELZANG SUPPORT TEAM
LEAD ATTORNEY Represents you in court as your advocate with assistance from the Vogelzang attorney team
LAW CLERKS Assists your attorney and paralegal with legal research
LEAD PARALEGAL Prepares research and documentation for trial to help your attorney build your case
ASBESTOS BANKRUPTCY TRUST PARALEGAL
EXTENDED SUPPORT STAFF
Submits your case to the trusts and works to secure settlement fees on your behalf in conjunction with your attorneys
Answers your questions, offers support, and accompanies you to your trial date if you choose to attend
WHAT ARE BANKRUPTCY TRUSTS? A Bankruptcy Trust is a trust fund set up by companies who have gone bankrupt due to asbestos lawsuits. These funds are then used to pay future settlement fees to claimants seeking litigation against the company. While it is true that money has been set aside, you must also present your case to claim your share. Our dedicated Bankruptcy Trust Paralegals, with the supervision of an attorney, submit your case through the proper channels to fight for your share of the trust. To date, there are approximately 50 asbestos bankruptcy trusts which are accepting potential claims.
“OUR VOGELZANG LAW FAMILY IS HERE TO SHEPHERD YOU AND YOUR FAMILY THROUGH EACH PHASE OF THE LITIGATION PROCESS.” -Caylei Vogelzang
INITIAL CLIENT MEETING TOPICS
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INITIAL
CLIENT MEETING
TOPICS
YOUR DOCTORS
Any information that you can provide will help our legal team move quickly.
YOUR WORK HISTORY
PART OF THE FAMILY Our team values the personal connections we make with our clients in our fight for justice. We take each of our cases to heart, and it is our priority to get to know you and your family in order to best meet your needs during this challenging time. As our client, you are an extension of our Vogelzang Law family. A DEEPER PERSPECTIVE At Vogelzang Law, we understand mesothelioma from more than just the legal perspective. Growing up, Lead Attorney Nicholas Vogelzang accompanied his father on rounds in the hospital, checking on his mesothelioma patients. This compassion and genuine insight into the struggles facing these families led Nicholas to start his practice years later and continues to guide Vogelzang Law today.
Client Sally Terpsma with Caylei Vogelzang. Sally’s husband Pete passed in 2017 from mesothelioma.
AS OUR CLIENT, YOU ARE AN EXTENSION OF OUR VOGELZANG LAW FAMILY.
A CLEAR PATH TO JUSTICE We move quickly, getting your family’s day in court within 12 months so you can focus on your loved ones. We aim to eliminate any apprehension you may have about the legal process, and we keep you informed and confident every step of the way. With Vogelzang Law, you and your loved ones can expect a compassionate and comprehensive understanding of what you are going through.
Founder, Nicholas Vogelzang, JD
WHY CHOOSE US?
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2017 ACHIEVEMENT Settlement Average:
$1,800,000
Our team works hard to bring you the justice you deserve. Your case will never be part of a classaction lawsuit, so we can dedicate personal time and attention to you and your family.
Total Settlement Amount:
$12,600,000
$2.02 million – Residential Construction Laborer $1.96 million – Wife of a Mechanic and a Carpenter
PAST CASES & RESULTS*:
$1.79 million – Navy Officer
$5.63 million – Union Pipefitter
$1.77 million – Union Steel Worker
$3.63 million – Electrical Worker and Wife of an Insulator
$1.72 million – Wife of an Electrician & a Printing Press Operator
$3.44 million – Carpenter
$1.6 million – Union Plumber
$2.93 million – Carpenter
$1.59 million – Sheet Metal Worker
$2.7 million – Union Laborer & Sander
$1.54 million – Shop Teacher and Pipefitter
$2.4 million – Union Sheet Metal Worker
$1.5 million – Automobile Manufacturing
$2.24 million – Residential Construction Laborer and Boiler Operator
$1.49 million – Sailor
$2.12 million – Union Pipefitter 12
PAST RESULTS
$1.43 million – Daughter of Construction Laborers and a Mechanic
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PAST RESULTS
$1.23 million – Bricklayer
$1.74 million – Laborer in HVAC work
$1.18 million – Miner and the Wife of a Laborer in a Glass Factory
$1.6 million – Truck Mechanic $1.56 million – Construction Worker
$1.15 million – Wife of a Union Painter, Sheet Metal Worker, and Steel Worker
$1.54 million – Factory Laborer, Operator of a Lodge, Wife of a Shoe Manufacturer, and Machinist
$1.21 million – Welder and the Wife of an Electrician $1.5 million – Wholesale and Retail Salesman $4 million – Union Bricklayer $3.86 million – Inspector/Sander
$1.49 million – Construction Contractor, Wife of an Electrical Engineer, and Residential Construction Laborer
$3.58 million – Tuckpointer and Sheet Metal Worker $1.23 million – Carpenter, and an Electrician’s Mate $2.99 million – Steel Worker $1.5 million – Chemical Engineer $2.84 million – Bricklayer & Iron Worker $2.1 million – Sheet Metal Worker $2.5 million – Pipe-Insulator and Laborer, Mechanic, and Wife of Sheet Metal Worker $2.27 million – for Plumber & Paper Sander $2.23 million – Construction Worker and a Commercial Electrician $2.06 million – Electronics Engineer & Construction Laborer and Steelworker $2 million – Construction Worker $1.98 million – Construction Laborer, Chemical Worker, & Daughter of a Steel Worker $1.92 million – Residential Laborer and Sheet Metal Worker $1.78 million – Printing Press Operator, Wife of a Steel Worker, Laborer in a Paper Mill, and a Manufacturing Laborer
*Please note that our firm’s past results do not guarantee that a similar outcome will be reached in your case. Each case is unique and it will be important to carefully review the individual facts and legal issues that are involved in your situation.
“ WE KNOW THE IMPORTANCE OF BEING
NEAR YOUR
& FRIENDS
IN THE
HOME;
FAMILY
COMFORT
LET US COME TO
OF YOUR
OWN
” YOU.
NOTES
“THERE WAS NOT ONE STONE LEFT UNTURNED WHEN IT CAME TO NICK AND HIS STAFF BEING THOROUGH AND DILIGENT.” -Marla Hannon
“WHEN DAD BECAME TOO ILL TO COOPERATE, NICK AND HIS TEAM TRAVELED MANY MILES AND WORKED ENDLESS HOURS WITH A COLLEAGUE OF HIS, WHO GAVE DEPOSITIONS ON HIS BEHALF.” -Charlotte Cavinder
“I CAN JUST FOCUS NOW ON MY HEALTH, BECAUSE I KNOW MY LEGAL TEAM IS FIGHTING FOR ME.” -Eddie Evans
“VOGELZANG LAW TOOK THE TIME TO EXPLAIN ALL THAT WAS TAKING PLACE AND WE FELT LIKE THEY WERE ONLY A PHONE CALL AWAY SHOULD WE HAVE ANY QUESTIONS.” -Lisa Esposito
“NICK MADE US FEEL LIKE FAMILY. ” -Roxanne Richards
“I KNOW THE THINGS THAT WOULD HAVE MADE MY FATHER HAPPY WOULD BE TO KNOW THE FUNDS WE RECEIVED PUT BOTH HIS GRANDCHILDREN THROUGH EXPENSIVE COLLEGES AND WILL PAY FOR HIS GRANDDAUGHTER’S WEDDING.”
-Louis D’Alotto
“WE COULD NOT ASK FOR BETTER REPRESENTATION DURING WHAT WAS THE MOST DIFFICULT SITUATION IN OUR LIVES.” -Amy Campbell
“I FOUND PEOPLE AT VOGELZANG TO BE VERY HONEST PEOPLE TO WORK WITH, AND I FELT LIKE I WAS WORKING WITH FAMILY MEMBERS.” -Sally Terpsma
“I AM GRATEFUL THAT MY HUSBAND CONTACTED WITH NICHOLAS AND ENSURED MY FINANCIAL WELL BEING IN THIS PHASE OF MY LIFE.” -Mary Jane Van Vactor
NICK CAME TO MY HOUSE TO TALK ABOUT MY LUNG CANCER CAUSED BY ASBESTOS AFTER I CALLED HIM. OTHER ATTORNEYS TOLD ME I DIDN’T HAVE A CASE FOR TWO YEARS.” -Clara Sue Miller
“THE LAW FIRM IS PASSIONATE ABOUT FIGHTING FOR THOSE WHO ARE DIAGNOSED WITH MESO. MY DAD HAS BEEN VERY HAPPY WITH WORKING WITH NICK AND ALWAYS TRUSTED THAT HIS BEST INTERESTS WERE AT HEART.”
-Amy Luckett 20
COMPREHENSIVE CARE