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:
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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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