YOUR LEGAL RIGHTS

Mesothelioma Was Preventable

Scores of corporations that manufactured and profited from the sale of asbestos-containing products knew the health hazards for workers as early as the 1920's. During this same time period alternatives to asbestos were discovered and made available to businesses.  Many corporations ignored the warnings and chose to continue to sell and use asbestos-containing products through the 1980's.  In addition, these manufacturers did not advise workers of the dangers of asbestos, and consequently, many Americans have unnecessarily and tragically contracted Mesothelioma.

Your Rights

If you worked in an industry at high-risk to asbestos exposure and you 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.  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 other ways.

Types of Mesothelioma Lawsuits

There are two types of mesothelioma lawsuits:

• Personal Injury Claim -  The mesothelioma patient files a lawsuit for damages that may include medical expenses, loss of income, and pain and suffering.
• Wrongful Death Lawsuit - The survivor of a mesothelioma fatality files a claim.
  Note that 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 the following factors:

• Statute of Limitations - The “statute of limitations” sets a time limit for filing a claim. The clock starts ticking on the date of your diagnosis.  While 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.
• Time Period of Asbestos Exposure - Even though you may have been exposed to asbestos 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.
• Attorney Selection - It is important to work with an expert asbestos 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.  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.
• Justice  -  The justice system is designed to protect the rights of those wrongly injured. Mesothelioma victims and their families have certainly been wrongly injured, and an experienced lawyer will work with you to send a message that disregard for your life and others will not be tolerated.

Legal Assistance

The justice process takes time, so it is important for mesothelioma patients, and the survivors who have lost someone to the disease, to take action quickly. We know that a lawsuit may not be high on your list of priorities, but the compensation to which you are entitled can ease some of your financial burden. Our attorneys will guide you through the case process, listening to and communicating with you 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 Trial 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. If you or a loved one have been diagnosed with Mesothelioma, and are interested in learning more about your legal rights and options, or would like to evaluate your case with an attorney, contact us on-line or call us: 1-877-NYLAW09.