Here are the legal facts:

1. The Environmental Protection Agency (EPA) has classified asbestos as a Group A, known human carcinogen. Asbestos causes mesothelioma, as well as other lung diseases and cancers.
2. There is evidence proving that asbestos manufacturers and industry was aware of the dangers of asbestos as early as the 1920’s. There is also proof that these corporations withheld (or conspired to hide) this vital information from the very people who worked with the cancer-causing asbestos fibers.
3. There was a less dangerous alternative to asbestos available for many years; however, corporations chose to continue to use asbestos because it yielded the highest profit.
4. Countless thousands were exposed to toxic asbestos and were left uninformed, unaware and unprotected.
5. The threat remains significant. The Environmental Protection Agency estimates that asbestos material is in over 733,000 buildings in the U.S. today, as well in over 3,000 products.

Corporations chose profits over people. The repercussions of these negligent, financially motivated and morally offensive acts will impact our nation for years to come. In spite of its ban in the 1970s, asbestos continues to wreak havoc due to its latency (inactive) period of up to 50 years. By not revealing the dangers associated with asbestos, companies robbed workers’ of their right to choose. Corporations failed in their duty to inform people of the health risks. Mesothelioma victims were deprived of the facts so they unknowingly continued to breathe in asbestos’ potentially lethal fibers.

The people at the highest risk for developing mesothelioma or “occupational exposure” are workers in:

• textiles, asbestos mining and milling,
• construction and building,
• demolition workers, drywall removers,
• auto workers (brake repair),
• ship builders, and
• power plants, oil and gas refineries
• railroads
• steel mills
• people who reside near former asbestos manufacturing plants
• Navy veterans, Merchant Marines, Longshoremen

Your Rights

If you worked in a high-risk industry and have been diagnosed with mesothelioma, or you have lost someone to an asbestos-related illness, it is your right to seek compensation from those responsible for your situation. The time has come to bring those who damaged your life to justice. While monetary compensation will not alleviate your pain, it will ease the burden of concerns such as medical bills, lost income, continued support for loved ones, and may aid in your situation in many other ways.

There are two types of mesothelioma lawsuits, a personal injury claim and a wrongful death lawsuit. In a personal injury claim, the mesothelioma patient files a lawsuit for damages that may include medical expenses, loss of income, and pain and suffering. In a wrongful death suit, the survivor of a mesothelioma fatality files a claim. Laws and procedures are different for each type of claim, and depend upon the jurisdiction where the case is filed. Your legal right to claim damages depends on many factors including:

• The “statute of limitations” sets a time limit for filing a claim. The clock starts ticking on the date of your diagnosis and the window of opportunity for filing a claim varies from state to state. If you do not file suit within the specified timeframe, you will lose your rights to seek damages.
• While you may have been exposed up to 50 years ago, it is recognized that mesothelioma has a long latency period. The length of time from exposure to diagnosis does not negate your right to seek compensation - however, the statute of limitations will impact your right to file a claim.
• It is important to work with an expert attorney who will establish and prove that you were exposed to asbestos by a specific product at a specific place by a specific manufacturer. Your attorney will work with you to help prepare and present this important cause-effect information.
• The justice system is designed to protect the rights of those wrongly injured. Mesothelioma victims and their families have certainly been wrongly injured. Only a skilled lawyer, who knows mesothelioma, knows victims rights and understands the legal process can prove that a manufacturer’s negligence caused your situation. An experienced lawyer will work with you to send a message that disregard for your life and others will not be tolerated.

The justice process takes time, so it is important that mesothelioma patients and their survivors who have lost someone to the disease begin to take action. At Belluck & Fox, we know that a lawsuit may not be high on your list of priorities, but pursuit of justice is high on ours. Our attorneys will guide you through the process, listening and communicating each step of the way.

Joseph W. Belluck focuses on consumer, environmental and defective product litigation. He has handled many large cases involving injuries from asbestos, defective medical products, tobacco and lead paint. Among his cases brought to verdict was a $1 million dollar claim against the asbestos industry.

Jordon Fox is one of the nation’s most experienced product liability litigators and a frequent lecturer at national conferences on asbestos and personal injury law. He is a member of the Association of Trial Lawyers of America, the New York State Trial Lawyers’ Association, the New York State Trail Lawyers’ Association and the National Crime Victim Bar Association.

Belluck & Fox represent a powerful ally in the pursuit of justice for asbestos related illness claims. We concentrate on representing you in your fight for justice so that you can concentrate on your primary concern – your quality of life. Please contact us immediately to begin the claims process. You may complete the Evaluation Form located on this website, or call Belluck & Fox toll-free at 1-877-NYLAW08. With offices in New York City and Syracuse, help is closer than you think.

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