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FAQs
11. 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.
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 your 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, by clicking here.
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