WHO IS AT FAULT?

The great tragedy of mesothelioma is that the disease was entirely preventable.  The only known cause of mesothelioma is exposure to asbestos, which mainly occurs in certain types of industries.

The legal facts of the situation surrounding mesothelioma are:

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 that asbestos manufacturers were aware of the hazards of asbestos as early as the 1920ss.  There is also evidence that 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 was cheaper than the alternative and yielded a higher profit.
4. Thousands of people were exposed to toxic asbestos and were left uninformed, unaware, and unprotected.
5. The threat from asbestos exposure remains significant to this day.

The evidence suggests that asbestos manufacturers chose profits over people.  The consequences of these negligent, financially motivated, and morally offensive acts have a resounding impact to this day.  The use of asbestos was strictly regulated starting in the 1970s, but its effects continue to be felt because of its long latency period.  A person who was exposed to asbestos decades ago may not show signs of mesothelioma until up to 50 years after the exposure.

By not revealing the dangers associated with asbestos, corporations cheated laborers out of their right to choose whether they wished to continue working with the substance despite the health risks.  Those people who are now victims of mesothelioma were not given all the facts and so they unknowingly continued to breathe in asbestos’ potentially fatal fibers. 

The people at the highest risk for developing mesothelioma were exposed to asbestos in various industries and jobs, including:

• textiles, asbestos mining, and milling,
• construction and building,
• demolition,
• auto brake repair,
• ship building,
• power plants,
• oil and gas refineries,
• railroads,
• steel mills,
• the U.S. Navy,
• the Merchant Marines, and
• longshoring.

Your Rights

The corporations responsible for damaging the lives of so many people should be brought to justice.  It is your right to seek compensation from those corporations if you have been diagnosed with mesothelioma after having worked in a high-risk industry or if you have lost someone to an asbestos-related illness.  Of course, financial compensation will not alleviate your distress.  However, it can ease the burden of monetary concerns from medical bills and lost income, providing for continued support for your loved ones.

Mesothelioma grievances come in one of two types: a personal injury claim and a wrongful death lawsuit. A personal injury claim is filed by a mesothelioma patient seeking damages that may include medical expenses, loss of income, and pain and suffering.  A wrongful death lawsuit is filed by the survivor of a victim who has succumbed to mesothelioma.  Each type of claim involves different laws and procedures, which depend upon the jurisdiction where the case is filed.

Your legal right to claim damages depends on many factors. A “statute of limitations” sets a time limit for filing a claim.  It is recognized that mesothelioma has a long latency period so the length of time from exposure to diagnosis does not deny your right to seek compensation.  However, the clock begins ticking when the diagnosis of mesothelioma is made.  The amount of time allowed for filing a claim after diagnosis varies from state to state, but if you do not file within the specified time frame, you could lose your right to seek damages.

Therefore, it is extremely important that you work with an experienced attorney who is familiar with the rules about time limitations and who can help you prove when and where you were exposed to asbestos.  Only a skilled lawyer who knows mesothelioma, knows victims’ rights, and understands the legal process can prove that an asbestos manufacturer’s negligence caused your situation.

The quest for justice can be a lengthy one, so it is crucial that mesothelioma victims and their survivors do not delay in taking action.  The attorneys at Belluck & Fox, LLP, realize that a lawsuit may not be a priority to you, but getting you justice is a priority to us.  Our attorneys will guide you through the process, listening carefully and communicating with you each step along the way.

Our Firm

Here at Belluck & Fox, LLP, partner 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 many cases brought to verdict was a $1 million dollar claim against the asbestos industry.

Partner Jordan 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, and the National Crime Victim Bar Association.

The New York law firm of Belluck & Fox, LLP, embodies a powerful ally in the pursuit of justice for asbestos-related illness claims.  We focus our attention on your representation so that you can concentrate on your most important concern -- your quality of life.  Please contact us right away to begin the claims process by completing this evaluation form or calling Belluck & Fox, LLP, toll-free at 1-877-NYLAW08.

The New York Mesothelioma Lawyers of Belluck & Fox
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