rochester mesothelioma claims

Rochester Mesothelioma Claims

Have you been diagnosed with mesothelioma in Rochester, NY? If so, you could be entitled to compensation for your medical bills, lost income, reduced enjoyment of life, pain, suffering and other losses you incur due to your condition. Mesothelioma is a type of cancer caused exclusively by asbestos. Many people who contracted the illness after asbestos exposure have successfully taken legal action against employers and other companies responsible for their illnesses.

The trusted legal team at Belluck Law, PLLC, has a track record of successfully advocating for the rights of Rochester-area mesothelioma patients like you. We can help you pursue the compensation you deserve through an asbestos trust fund claim, workers’ compensation claim, personal injury lawsuit or other legal action.

You deserve the best legal representation. You need a law firm with a national reputation for mesothelioma litigation and a firm that has secured more than $1 billion for mesothelioma patients. You need Belluck Law, PLLC.

Contact us today to learn more about your Rochester mesothelioma claims options during a free, no-obligation consultation. You’ll be able to ask any questions as attorney Joseph W. Belluck and his team explain the legal process and how we will help you obtain the most compensation.

Why Choose Belluck Law, PLLC, for Your Mesothelioma Claim in Rochester?

A mesothelioma diagnosis can change a person’s life in an instant. Many mesothelioma patients deal with painful symptoms and difficult emotions while also struggling to pay for the medical care they need and support themselves and their families. People who are retired, have a disability or are too sick to work often face extraordinary challenges.

For many people in this position, the idea of taking legal action can be overwhelming. Even if you suspect you could be entitled to compensation, taking initial steps to file a mesothelioma claim can be daunting. Fortunately, you do not have to do it alone.

At Belluck Law, PLLC, we provide compassionate and aggressive legal representation to mesothelioma patients and asbestos exposure victims in Rochester and nationwide. Our founding attorney, Joseph W. Belluck, has more than 35 years of experience handling asbestos-exposure cases and has recovered more than $1 billion for his clients. That includes a $32 million trial verdict for a retired Navy veteran who developed mesothelioma after exposure to asbestos during his service.

When you retain the services of Belluck Law, PLLC, you can count on Joe and our firm’s entire team to support you throughout the legal process. From filing tedious paperwork to negotiating with big corporations, we can handle every aspect of your mesothelioma claim while you focus on your health and the things that matter most.

Types of Rochester Mesothelioma Claims

Virtually all mesothelioma patients develop their conditions due to past exposure to a toxic substance known as asbestos. The asbestos industry originated in New York, and many local employers and corporations allowed millions of residents and workers to be exposed to asbestos despite decades of research indicating its risks.

Evidence indicates that some companies actively lobbied and distributed misinformation to keep the public in the dark about known asbestos-related health hazards. The United States remains one of the few wealthy nations with no formal asbestos ban, which means countless people are still at risk of being harmed.

However, people who have developed health conditions due to asbestos exposure have legal options for pursuing compensation. Depending on your situation, you could file various mesothelioma claims to hold employers and corporations accountable, including:

  • A personal injury lawsuit – You can take legal action against liable parties through a personal injury lawsuit if their negligent, reckless or intentionally harmful actions contributed to your health condition, or if they allowed inherently dangerous products onto the market.
  • A workers’ compensation claim – You might be able to recover workers’ comp benefits if your condition results from occupational asbestos exposure, regardless of whether your employer was at fault.
  • An asbestos trust fund claim – Many entities in the asbestos industry were required to establish trusts to pay victims as a condition of their bankruptcy proceedings. Claims against these trusts are often the most expeditious ways to get mesothelioma-related compensation.
  • A Social Security Disability (SSDI) claim – If you have a long-term disability that prevents you from working and have not yet reached retirement age, you could be entitled to benefits through an SSDI claim.
  • A Department of Veterans Affairs (VA) claim – If you were exposed to asbestos during active-duty military service, you could be eligible for compensation from a VA claim.

Why Should You File a Mesothelioma Claim?

If you have been diagnosed with mesothelioma due to asbestos exposure, a claim can be the best way to:

  • Help pay for the medical care you need – Although mesothelioma often takes decades to develop, it is particularly aggressive and potentially deadly once it does. Patients suffering from mesothelioma often require extensive and costly medical treatment. You should not have to forgo the care you need due to financial limitations.
  • Pay your bills while you cannot work – Mesothelioma patients are often too sick to work, and many are retirees who were exposed to asbestos decades ago. The compensation you could pursue from a mesothelioma claim can help you pay your bills and cover day-to-day expenses if you cannot maintain gainful employment.
  • Support loved ones and plan for the future – Many mesothelioma patients develop chronic conditions and require long-term medical care. With a successful mesothelioma claim, you can secure the money you need to plan for the future and avoid leaving your family with unpaid medical debts.
  • Hold the big corporations accountable – The employers and companies that relied on asbestos and asbestos-containing materials should be made to answer for the irreparable harm they caused. No amount of money can reverse the effects of your condition, but filing a mesothelioma claim will allow you to demand accountability from the companies that harmed you.

What If Your Loved One Cannot Participate in the Claims Process?

In some tragic cases, patients do not survive long enough to participate in the claims process. If you are grieving the loss of a loved one who died from mesothelioma in Rochester, you can still take action on their behalf by filing a wrongful death lawsuit.

Keep in mind that a family member is not typically allowed to file a wrongful death suit in New York unless they are the personal representative of the decedent’s estate. However, any compensation the personal representative obtains is distributed to the estate and surviving dependents. Our Rochester mesothelioma claims attorney can determine whether you may have grounds for a mesothelioma wrongful death lawsuit.

How to File a Mesothelioma Claim

No two cases are exactly alike, and the steps of filing a mesothelioma claim can vary depending on your unique circumstances. However, you can expect your case to follow this general timeline:

  • Phase 1: Evaluating eligibility – The first phase involves evaluating your case to determine whether you are eligible to file a claim and identify potential sources of compensation.
  • Phase 2: Gathering evidence – In the next phase, your attorney will gather documentation and additional evidence to support your case.
  • Phase 3: Filing your claim – After sufficient evidence is collected, your attorney can draft and file your claim or lawsuit against the appropriate party.
  • Phase 4: Reaching a settlement – Your attorney can negotiate a settlement on your behalf. If the other side won’t settle, your attorney could decide it’s time to take your case to court.

How Long Does a Rochester Mesothelioma Claim Take?

Every mesothelioma case is different, and the timeline can vary considerably depending on several factors. For example, while many mesothelioma patients receive compensation within months after they file claims with asbestos bankruptcy trusts or workers’ comp providers, going to court can take years to reach a resolution.

Remember, though, that a swift settlement is not always a good one, as at-fault parties may offer you a lowball settlement to avoid paying you the money you deserve. A knowledgeable lawyer can expedite your case without compromising quality or accepting a lesser payment than what you are owed.

Statute of Limitations for Mesothelioma Claims in Rochester, NY

If you want to file a lawsuit for your mesothelioma case, an important factor to remember is New York’s statute of limitations on personal injury cases. Under this law, you typically have just three years from the date of your mesothelioma diagnosis to sue a liable employer or corporation. If you attempt to file after the statutory deadline, your case will likely be dismissed, and you could lose your right to pursue compensation in civil court. There’s no time to waste when it comes to pursuing the money you deserve.

Who Pays Compensation for Mesothelioma Claims?

Depending on the specifics of your case, one or several parties may be responsible for financially compensating you. Any of the following parties or entities may be liable for the harm you have suffered due to your illness:

  • Asbestos mining or refinery companies
  • Manufacturers of asbestos-containing products
  • Construction companies that used asbestos building materials
  • Bankruptcy trust funds established by asbestos companies
  • Insurance companies, such as workers’ comp providers
  • Employers that failed to warn workers of asbestos risks
  • Local governments that failed to remove asbestos in public areas
  • Owners of properties that contain asbestos
  • The Social Security Administration (SSA) or the Veterans Administration (VA)

Talk to Our Rochester Mesothelioma Claims Attorney Now

If you are ready to discuss the details of your case with an experienced attorney, reach out to Belluck Law, PLLC, today to schedule a free and confidential case evaluation session to explore your rights and options. The very nature of your condition makes it likely that you have a strong case for considerable compensation.

Let our team handle getting you the most compensation through a mesothelioma claim, so you can focus your time, energy and effort on your loved ones, your passions and your medical treatment.