Silicosis
Frequently Asked Questions
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 silica materials, and the companies that sold inadequate
respiratory devices such as masks. 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 silica
products and equipment, caused you to be exposed to silica and
that they failed to warn you of the dangers of silica. 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 silica 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 silicosis, contact Belluck & Fox, by
clicking here.
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