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Tuesday, January 19, 2010
When someone is diagnosed with mesothelioma they are often faced with disbelief not only for the impact of the disease, but for the fact that most cases of mesothelioma are diagnosed 30 years or more after their initial exposure to asbestos. Many patients are not even aware of when or where they may have been exposed to asbestos. The latency period for mesothelioma can be as long as 50 years.
Mesothelioma is a serious cancer that occurs in individuals exposed to airborne asbestos fibers. Even small amounts of asbestos and infrequent exposure can create a risk for contracting mesothelioma or other asbestos-related diseases. Mesothelioma is highly aggressive and is resistant to many cancer treatments. Currently there is no known cure for the disease.
In a recent interview, Joseph W. Belluck, a partner in Belluck & Fox LLP, a New York law firm that focuses on representing victims of asbestos-related disease, says,”to be frank, if you have mesothelioma, we know you were exposed to asbestos – it’s just a matter of reverse-engineering your life and figuring out where that exposure occurred.”
Exposure to deadly asbestos fibers most often occurred on-the-job, primarily in construction and general industry workers, but has also been known to be passed on through second-hand exposure through fibers from clothing.
Belluck stresses that mesothelioma is not limited to construction workers. A dentist may have used asbestos-containing material in making castings for fillings, or a jeweler may have used it in crucibles, whereas a lab technician may have been exposed to it through various heating chemicals.
In New York, as a matter of public policy, there is no “statute of repose” that would prevent a person from suing a manufacturer a number of years after the asbestos-containing product was produced. However, a person could lose his or her right to file a mesothelioma lawsuit if action is not initiated within three years of discovering the disease. This is called the “statute of limitations.”
If an individual in New York decides to move forward with a mesothelioma lawsuit, Belluck & Fox will file an individual legal claim on the individuals behalf in a state court and serve a summons on the companies suspected of being responsible.
The companies usually have one month to answer the complaint. The case will then go to “discovery,” which consists of depositions and written exchanges called interrogatories and requests for production. Finally, experts will be brought in to review your case and testify on your behalf.
The process generally takes 7-12 months to complete.
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Labels: mesothelioma
posted by Nancy Meredith at 8:00 AM
