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ABOUT
MESOTHELIOMA
A Preventable Situation
Here are the legal facts:
1. The Environmental Protection Agency (EPA)
has classified asbestos as a Group A, known human carcinogen.
Asbestos causes mesothelioma, as well as other lung diseases
and cancers.
2. There is evidence proving that asbestos manufacturers and
industry were aware of the dangers of asbestos
as early as the 1920’s. There is also proof that these corporations
withheld (or conspired to hide) this vital information from
the very people who worked with the cancer-causing asbestos
fibers.
3. There was a less dangerous alternative
to asbestos available for many years; however, corporations
chose to continue to use asbestos because it yielded the highest
profit.
4. Countless thousands were exposed to toxic
asbestos and were left uninformed, unaware and unprotected.
5. The threat remains significant. The Environmental Protection
Agency estimates that asbestos material is in over 733,000 buildings
in the U.S. today, as well in over 3,000 products.
Corporations chose profits over people. The repercussions of
these negligent, financially motivated and morally offensive
acts will impact our nation for years to come. In spite of its
ban in the 1970s, asbestos continues to wreak havoc due to its
latency period of up to 50 years. By not revealing
the dangers associated with asbestos, companies robbed workers’
of their right to choose. Corporations failed in their duty
to inform people of the health risks. Mesothelioma victims were
deprived of the facts so they unknowingly continued to breathe
in asbestos’ potentially lethal fibers.
The people at the highest risk for developing mesothelioma or
“occupational exposure” are workers in:
- textiles, asbestos mining
and milling,
- construction and building,
- demolition workers, drywall
removers,
- auto workers (brake repair),
- ship builders, and
- power plants, oil and gas
refineries
- railroads
- steel mills
- people who reside near former
asbestos manufacturing plants
- Navy veterans, Merchant Marines,
Longshoremen
Your Rights
If you worked in a high-risk
industry and 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. The time has come to bring those who damaged your
life to justice. 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 many other ways.
There are two types of mesothelioma lawsuits, a personal injury
claim and a wrongful death lawsuit. In a personal injury claim,
the mesothelioma patient files a lawsuit for damages that
may include medical expenses, loss of income, and pain and
suffering. In a wrongful death suit, the survivor of a mesothelioma
fatality files a claim. 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 many factors including:
- The “statute of limitations”
sets a time limit for filing a claim. The clock starts ticking
on the date of your diagnosis and 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.
- While you may have been exposed
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.
- It is important to work with
an expert 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.
- The justice system is designed
to protect the rights of those wrongly injured. Mesothelioma
victims and their families have certainly been wrongly injured.
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. An experienced
lawyer will work with you to send a message that disregard
for your life and others will not be tolerated.
The justice process takes time, so it is important that mesothelioma
patients and their survivors who have lost someone to the disease
begin to take action. At Belluck & Fox, we know that a lawsuit
may not be high on your list of priorities, but pursuit of justice
is high on ours. Our attorneys will guide you through the process,
listening and communicating 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 Trail 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. You
may complete the Evaluation Form located on this website, or
call Belluck & Fox toll-free at 1-877-NYLAW08.
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