Legal Help Frequently Asked Questions
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.
- 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.
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