Frequently Asked Questions

What Are The Stages Of The Lawsuit And What Is My Involvement?

Many of our clients have never been involved in a lawsuit. Although each case is different, there are some common elements to every case:

FIRST CONTACT

Our first contact with you is a personal telephone call from Mr. Belluck or Mr. Fox. During that telephone call, if we determine that you should pursue a legal claim, we will schedule an appointment to meet with you within one week. During that initial meeting, which can be at your home or in our office, we:

- explain the process of filing and prosecuting a lawsuit;
- explore your work, life and medical history; and,
- obtain signed authorizations to get copies of medical and employment records

During the meeting, if we conclude that there is a reasonable chance of a successful outcome, we will present you with a retainer agreement. A retainer is a legal fee agreement between Belluck & Fox and our clients that explains the legal fees and other terms related to our representation. The attorney who meets with you will explain the details of this agreement.

FILING THE COMPLAINT

After researching and investigating the responsible companies, we file an individual legal claim on your behalf in a state court. These companies include manufacturers, distributors, suppliers and installers of asbestos materials. These companies are the defendants in your case.

We do not sue your employer(s), because this is generally prohibited by workers' compensation laws. The lawsuit alleges that the defendants are responsible for manufacturing, selling and/or installing defective asbestos products and equipment, caused you to be exposed to asbestos and that they failed to warn you of the dangers of asbestos. The defendants have approximately one month to answer the allegations in your complaint.

PROSECUTING THE CASE

The first consideration is your health. We will do everything possible to respect your privacy and minimize any further disruptions in your life. We may ask the court to advance your case quickly so we can assure you a fast resolution of your case, usually no longer than one year from the filing of the complaint.

Once the Court issues a schedule for your case, the discovery phase of your case begins. This means that we secure all of the evidence necessary to prove that the corporations we sued on your behalf are held responsible for your injuries.

As part of this process, you will testify at a deposition and answer questions about your background. We arrange for your deposition to be conducted at a location which is convenient for you, even, if necessary, at your home. Of course, Belluck & Fox will be present at every step of the process.

We also conduct a thorough investigation in your case, including talking to your co-workers, demanding documents from the asbestos companies and reviewing your medical history. We also hire medical and other experts to help us in the case.

We wish to emphasize that most, if not all, of the work required to prosecute your case is undertaken by Belluck & Fox, and does not require us to disturb you or your family.

SETTLEMENTS

As the case progresses, some defendants may seek to resolve your case for fair value settlements. In many instances a case will settle your prior to the date that the trial is scheduled to begin.

TRIAL

If we do not receive a full and fair settlement for your claims, we will advise you of the options for trial. During the trial, we will present testimony and evidence in support of your claim. We will also have medical and other experts testify on your behalf. Belluck & Fox are experienced trial lawyers and will fully represent you and your family in every phase of the trial.

The New York Mesothelioma Lawyers of Belluck & Fox
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