As I state on my front page if you were exposed to Benzene and suffer a Benzene related disease I want your case and I want to do it right. Benzene exposure and Leukemia  are clearly tied to one another, but to properly pursue your claim you need a lawyer who knows what and how to ask the right  questions and, most importantly, what to do with that information. Below are the four most common issues that come up with most Benzene cases and a brief explanation of how they play a important role in your case. Also included is how a smart lawyer can use that information to your advantage.

 

a) Statute of Limitations

This is the time period in which you must file a lawsuit after you discover that you have a Benzene related disease. I wish I could give an easy answer to how this is detrimened but there really isn't an easy answer. Every state has its own laws governing the statute of limitations. This period generally falls between 1 to 3 years after you discover your benzene related disease. It get even trickery  to understand because every state has its own laws governing what the definition of "discover" is. And some states even put a cap as to how many years you have to discover a disease whether you have symtoms or not. For example, suppose you were diagnosed with MDS  ten years ago but it went into remission only to rear its ugly head as full blown AML six months ago. What date is used to calculate the statute of limitations. The answer is critical because if you are in a state with a 3 year statute and the first date is the period from which you calculate you are out of luck. If you are in a state with a one year statute of limitations but uses the AML diagnosis the you would still have time.

 

I'm not trying to make things any more complex than they are or to play lawyer on you but suffice it to say there are entire courses in law school and virtually every Bar exam has sections devoted to the subject of calculating the statute of limitations. My law firm has the know how and the resources to properly calculate this critical time period. Even if the statute of limitations would bar your case in your home state many times we are able to find a jurisdictional basis to file your case in another state with a longer statute of limitations or that has a more favorable jurisdiction for one reason or another. Along these lines "Dukes" Delaney has filed cases in Texas even when his client lived in a different state   like Pennslyvania, New York or  Ohio. Likewise, he has filed case in New York even when clients  have resided in Arizona, Rhode Island, Vermont and Nevada.

 

How can one state have a advantage over another state aside from issues with the statute of limitations. Well, some parts of the country are known to have very stingy juries or may have notoriosly low caps on monetary awards. Other parts of the country have more reasonable juries and no caps on monetary awards. Again finding a favorable jurisdiction can make a huge difference in your case. You do need a  smart lawyer who knows how to find the best jurisdiction in which to file your case. You need "Dukes".

b) Identify  the products you were exposed to.

This  is an issue I have grappled with many times in the context of industrial exposure cases. Sometimes Benzene victims will know where they were working when they were exposed to benzene but not remember the name of the manufacture. This is where my law firm can really help. We have the ability to conduct extensive discovery. This is a process similar to a subpoena. In other words we can force the defendants to devulge what brands and types of benzene products  were present when you were exposed. We can also obtain the deposition  of previous benzene victims who could identify the products. Finally, we have access to shared data bases with other law firms though out the country who may have sued the same defendants in the past. One way or the other, we  are generally able to assist you in identifing who to sue.

 

c) The right Defendants.

Once we determine what Benzene products you were exposed we can then sue the right defendants in the right place. . Again this is where a careful analysis of these defendants is vitally important. Many states allow us to venue (bring) a case in the state where at least one defendant has its principal place of business, even if you do not reside there. Some states will allow us to bring a case in  a state where the defendant imported or made its product available for sale. Finding out how you were exposed to Benzene, where you were exposed and whose products you were exposed and using that information to your maximum advantage is what we do .

 

d)Fair compensation

 

Our ultimet goal is to secure for you fair compensation for your Benzene related disease. Like most everything in the law there is no easy way to calculate the right figure. Every case is unique in this regard. Some people suffer more than others, some for shorter periods, some for longer. Some people beat a benzene disease , some unfortunately will not. Some people leave a number of dependent children, some have kids who are grown and gone. Some states impose caps on compensation and what aspects of your loss can be compensated. Other states have no such limitations. Although it is not an easy calculation with uniform rules for every state we have the know how and resources to do everything we can to venue your case with the most favorable rules and juries so we can maximize the monetary award for you under the circumstances. "Dukes" Delaney has helped secure tens of millions of dollars for industrial exposure victims.

If you have any questions regarding treatment or your legal rights, please contact us through our Case Evaluation Form or contact us at:

  (800) 569-2325 • (866) Tex-Laws