Legal Frequently Asked Questions
Mesothelioma can be a difficult disease to understand, and if you or a loved one have been diagnosed, you are certain to have numerous questions. MesotheliomaHelp.net has provided the below frequently asked questions to provide you with answers to your legal concerns. If you have additional questions, feel free to contact us – we can help you find answers.
Legal Help FAQs
Which Asbestos Companies Are Bankrupt or Out of Business?
Is There Going To Be A Trial In My Lawsuit?
Are There Time Limits For Filing A Legal Claim?
Which Companies Are Sued In Asbestos Cases?
What Are The Stages of The Lawsuit And What Is My Involvement?
Can I Contact You On Behalf Of My Father, Husband Or Relative?
I Have Read About Many Asbestos Companies Filing For Bankruptcy, How Do These Bankruptcies Affect My Cases?
What Legal Options Are Available To Individuals Injured By Asbestos?
How Do You Prove Which Asbestos Companies Are Responsible For My Injury?
If I Don’t Remember How I was Exposed To Asbestos, What Can I Do?
Other Legal Help FAQs
Will You File My Case As A Class Action Or As An Individual Lawsuit?
Do I Have To Pay For The Costs Of My Lawsuit?
How Can I Find Out If I Should File An Asbestos Lawsuit?
How Long Will It Take For My Lawsuit To Be Completed?
How Do I Know That Belluck & Fox Will Treat My Family With Dignity And Give Individual Attention To My Case?
Which Asbestos Companies Are Bankrupt or Out of Business?
Among the corporations that have filed for bankruptcy or are defunct are:
- GAF Corporation
- Johns-Manville Corporation
- Raybestos
- Eagle-Picher
- Celotex
- UNARCO
- HK Porter
- Keene Corporation/ Baldwin-Ehret Hill
- Nicolet/ Keasbey & Mattison
- Asbestospray
- US Minerals Corporation
- US Gypsum Corporation
- W.R. Grace
- AP Green
- Harbison-Walker
- North American Refractories Corporation (NARCO)
- National Gypsum
- Babcock & Wilcox
- Owens Corning Fiberglas
- Armstrong World Industries
- Phillip Carey Corporation
- Pittsburgh Corning Corporation
- Fibreboard Corporation
- 48 Insulations
- Kaiser Aluminum
- Federal Mogul
- EJ Bartells
- Morrison Knudsen
- Rutland
- AC&S
Is There Going To Be A Trial In My Lawsuit?
As with any lawsuit, we make every effort to resolve your case without a trial. In many instances, we are able to fully resolve your case by reaching a settlement with the defendant. However, in some cases, a responsible party will refuse to pay fair compensation for your injuries, and a trial becomes necessary to assure that justice is achieved for you and your family. As experienced trial lawyers, Belluck & Fox is fully prepared to prosecute your case from start to finish, including a trial.
From the time we first meet with you, we act upon your wishes and priorities. There are clients who want to have a trial to have their case heard by a jury of their peers. There are also clients who, for a variety of reasons, do not want a trial, and we work closely with these clients to advise them about their options for resolving their claims without a trial. At all stages of the case, including the decision regarding whether to proceed to trial, our first priority is you and your family.
Are There Time Limits For Filing A Legal Claim?
There are laws in every state which limit the time for individuals and their families to file claims for mesothelioma, lung cancer and asbestosis. If you do not file your case within these time limits, you will likely be barred from receiving compensation for your injuries. If you or a loved one have been diagnosed with an asbestos-related disease, it is important that you contact an attorney immediately.
Contact Belluck & Fox to protect your legal rights.
Which Companies Are Sued In Asbestos Cases?
The typical entities that are sued in asbestos cases are:
- Manufacturers of asbestos-containing products;
- Contractors that installed and repaired asbestos-containing products and equipment;
- Suppliers who provided the materials to the work site; and,
- Owners of property who allowed asbestos materials to be used on their property.
We typically do not sue your employer due to workers’ compensation laws. Instead, we work with you and your family to identify the manufacturers, sellers, distributors, suppliers and contractors that were responsible for your exposure to asbestos.
What Are The Stages Of The Lawsuit And What Is My Involvement?
Mesothelioma Could Have Been Prevented
Mesothelioma is found most often among workers at companies that manufactured asbestos-containing products or workers in certain trades or industries that handled asbestos. Most at-risk for the disease were trade workers such as insulators, plumbers and pipefitters, electricians, sheet metal workers, auto mechanics, refinery and factory workers and shipyard workers.
Individuals who have recently received a diagnosis of mesothelioma, or are suffering from symptoms of an asbestos-related disease due to asbestos exposure on-the-job, may be eligible to file claims or a lawsuit for compensation from the companies responsible for the disease. We know that many companies were aware of the hazards of exposure, and the disease could have been prevented. When you call a lawyer at Belluck & Fox, you can be assured that we will work tirelessly to help you get the compensation you deserve.
Many of our clients have never been involved in a lawsuit. Although each case is different, there are some common elements to every case. However, a Belluck & Fox lawyer will consider your case on an individual basis and get to the bottom of your asbestos exposure to uncover how your sickness could have been prevented.
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 lawyer 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 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.
Prosecuting The Case (Discovery)
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 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.
Can I Contact You On Behalf Of My Father, Husband Or Relative?
Yes.
If your father, husband or other relative has been diagnosed with a cancer related to asbestos exposure, please contact Belluck & Fox. We will work with you to help your family protect your legal rights and receive full and fair compensation for these injuries. We have significant experience working with the families of asbestos victims.
Contact Belluck & Fox
I Have Read About Many Asbestos Companies Filing For Bankruptcy, How Do These Bankruptcies Affect My Cases?
Many of the corporations responsible for asbestos products have sought protection from lawsuits by filing for bankruptcy. Instead of filing a lawsuit against these companies, a fund is established by the bankruptcy courts to compensate asbestos victims.
The impact of these bankruptcies is significant. It is the duty of any attorney handling an asbestos case to identify all responsible parties that caused your exposure to asbestos.
Belluck & Fox has experience with recovering compensation from the bankruptcy funds. As part of our representation of you and your family, we will file claims with all of the appropriate bankruptcy funds and secure additional compensation for you and your family.
See a list of bankrupt defendants.
What Legal Options Are Available To Individuals Injured By Asbestos?
If you have been diagnosed with an asbestos-related disease (asbestosis, lung cancer, mesothelioma), you can bring a legal claim against the manufacturers, sellers and installers of asbestos products. Filing a legal claim or lawsuit can help you address the medical and financial problems that asbestos-related diseases resulting from exposure can cause victims and their families.
Even if you do not recall the precise nature of your exposure to asbestos or the names of the products to which you were exposed, we use our extensive knowledge of work sites and products to investigate and prosecute your claim. Victims of asbestos exposure and their families should carefully select attorneys who are experienced in asbestos litigation. Further, you should hire attorneys who will fully investigate your claim and provide you with individual representation. Belluck & Fox provides fast, professional and personalized legal representation. We will only represent you if we believe that there is a reasonable chance of a successful outcome for you and your family. To have your case evaluated immediately, please fill out an online case evaluation form.
You may be eligible to file a lawsuit against the companies responsible for your cancer. If you have been diagnosed with an asbestos-related disease, you have a limited time to file a claim for compensation and you should contact an attorney about your case. The spouse and family of an injured victim may also be eligible to bring legal claims. Contact a lawyer at Belluck & Fox today.
How Do You Prove Which Asbestos Companies Are Responsible For My Injury?
While use of asbestos has been curbed in the United States since the late 1970s, asbestos was heavily used prior to that time in building materials such as insulation, ceiling tiles, floor tiles, textured paint and patching compounds, as well as in heat-resistant materials in shipyards, and in many other commercial and residential uses.
Many construction workers, military personnel, shipworkers and railroad workers were put at risk daily as they worked with the toxic material. Inhalation of airborne asbestos fibers can lead to various lung diseases including lung cancer and mesothelioma – both of which are highly aggressive and are resistant to many standard cancer treatments. If you are a victim of mesothelioma due to negligence of your employer, you may be eligible for compensation. Our lawyers can help you with your lawsuit or claim and will stay with you throughout the litigation process.
As part of our representation, we fully investigate and prosecute each individual case. We will interview you and other witnesses, such as your coworkers. We also have a vast library of documents and testimony from and about the companies that made asbestos products — documents and testimony that we have gathered in other asbestos claims. This information can be used in your lawsuit. Our lawyers will also gather additional evidence in your case, including new documents from the asbestos companies and additional testimony about the products that were used at your worksites and contributed to your illness.
Belluck & Fox prides itself on our commitment to investigating each case. We handle each case individually. From the initial meeting, we will start our research and investigation of your claims, and we will continue to represent you throughout every phase of your case.
If I Don’t Remember How I was Exposed To Asbestos, What Can I Do?
There are many people who suffer from asbestos-related diseases, such as mesothelioma and lung cancer, but cannot recall how or where they were exposed to asbestos. In fact, even your doctor (unless they focus on asbestos-related diseases) may not be entirely familiar with the wide spectrum of how asbestos exposure can occur. This is especially true because asbestos diseases are latent — it takes years for the symptoms and injuries caused by asbestos to appear.
At Belluck & Fox, we devote a substantial amount of time to reviewing your work and life history to identify possible sources of exposure to asbestos which could be the cause of your cancer or mesothelioma. This type of cancer is a rare, aggressive cancer, often affecting the lungs, and is resistant to many standard cancer treatments.
In many instances, a person may not be aware that certain products, such as floor tiles, brake linings, cements and even hair dryers contained asbestos. We are familiar with the use and presence of asbestos at many work sites and factories, including powerhouses, shipyards, schools and large buildings. We can find the witnesses and documents that will help establish the companies who could be responsible for your exposure to asbestos.
The lawyers at Belluck & Fox spend hours researching and investigating each case. We also use our substantial experience to help us investigate how you were exposed toasbestos and the companies responsible for your exposure. Our inventory of cases is limited to clients with serious injuries and our attorneys devote significant time and resources to each case.
If you have been diagnosed with mesothelioma due to exposure to asbestos fibers, including asbestos removal in your home or after an asbestos removal project in your place of work, you may be eligible for compensation. The lawyers at Belluck & Fox pride themselves on their commitment and support to you when investigating your case. From the initial meeting, we will start our research and investigation of your claims, and we will work to hold the companies responsible for your disease accountable.
