11.
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.
Belluck & Fox provides individualized and professional
representation from the first client meeting to the last appeal in
your case. If you have been diagnosed with mesothelioma, asbestosis
or lung cancer, contact Belluck & Fox, by clicking
here.
New York law limits your time to bring a
legal claim. To protect your rights, you need to have your personal
injury claim evaluated immediately. To have your claim evaluated,
please fill out this form or contact us at: bfinfo@belluckfox.com
Belluck & Fox, LLP
295 Madison Avenue,
37th Floor
New York, NY 10017
(212) 681-1575
