14 Common Misconceptions About Asbestos Defense Attorney
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can protect the financial security of those who have been harmed by exposure to this harmful mineral. Compensation could cover medical expenses, funeral and burial costs, loss of quality of life, as well as suffering and pain.
Our lawyers serve as national, regional and local counsel in massive toxic tort litigation. As as such, we are acquainted with the specific issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can lead to numerous serious medical conditions, such as mesothelioma. A New York asbestos attorney is skilled in handling lawsuits to seek the financial compensation of those affected by asbestos exposure and their families. These cases can be complex, and it is critical to have an experienced mesothelioma law firm by your side.
New York has a long history of asbestos litigation (listen to this podcast), and many residents have been exposed to this hazardous substance. In recent times there have been more claims against former asbestos claim manufacturers than ever before. These cases result from the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies knew of the dangers of the asbestos-containing mineral, yet they didn't warn their employees and consumers.
New York City is especially susceptible to illnesses caused by asbestos due to its older structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the community around it.
Many workers were exposed asbestos in the workplace. However, people also get diagnosed with mesothelioma after experiencing exposure to harmful substances. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came in contact with asbestos dust regularly.
The mesothelioma lawsuit is costly for defendants, particularly when they are incorrectly named as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. Specialized asbestos law firms typically advertise on television during the day and encourage victims to submit claims with the promise that they will receive significant settlements.
The defendants may be able mitigate some of the costs arising from these cases by argument that their policy terms have expired or they are only accountable for a small percentage of the claim value. New York law does not have a clear rule on how to divide liability when the alleged risk is of the insurer's policies.
Asbestos-related Illnesses
A wide range of asbestos-related illnesses can develop due to exposure to the toxic mineral. The most severe condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and pleural effusion.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos fibers that accumulate in the lungs and irritate the lining of the ribcage, chest cavity, and abdominal cavity (the the pleura). The inhalation of these tiny fibers can result in scarring of the lungs called asbestosis, and, sometimes, the formation of thickened patches on the pleura called pleural plaques or a more widespread fibrosis of the pleura known as diffused the fibrosis. Pleural plaques or diffuse fibrosis can decrease lung capacity, as measured by a breath test. They also cause discomfort and breathing difficulties, though they do not cause mesothelioma or cancer.
Often, symptoms of asbestos-related illnesses don't appear until decades after the initial exposure. It can take as long as 50 years for asbestos fibers that are inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces and their children, spouses and other people who are exposed to asbestos are at risk of developing mesothelioma.
In addition to mesothelioma other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma and ovarian mesothelioma. Ovarian cancer is the deadliest form of mesothelioma for women, but it is less common than mesothelioma general. It is often diagnosed later than other kinds of mesothelioma since it develops in the lining of the reproductive organs and the symptoms may be similar to symptoms of other illnesses.
Many companies employed asbestos during the 20th century. They were aware that it was hazardous. When they failed to remove asbestos from their products thousands of people were exposed. Now, those exposed are able to seek financial compensation. Many asbestos-related manufacturers are bankrupt. As a result, the victims can seek the compensation they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the security of their employees and consumers by producing dangerous products, without warning of the risks. They are now paying for their inattention to. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete settlement.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our attorneys have more than 25 years of experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and to secure maximum compensation for clients.
Many states have created special asbestos courts, where claims can be filed more efficiently. Judges have also established specific procedures to assess and resolve these cases.
New York is one such state with its own asbestos court, known as NYCAL. The number of cases filed in this court has increased steadily, as increasing numbers of asbestos victims seek compensation from solvent asbestos defendants who went bankrupt. The New York Supreme Court created a special judicial board to supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review every case filed in NYCAL to determine whether or not to take it up with it. Judges will also consider the merits of each claim to determine how much money each plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to issue its final ruling at the end of this year.
New York asbestos lawsuits are often complex and involve allegations of multiple defendants. Belluck and Fox's lawyers have a wealth of experience in the litigation of these difficult issues. They are knowledgeable of the rules regulations, policies, and procedures of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.
The firm also has vast experience in serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district litigation that is complex and complex. In this capacity, lawyers develop strategies, coordinate and oversee local and regional counsel, and ensure cost-effective and consistent defenses for each client. They have worked closely with trial and coordination judges and special masters of litigation in various jurisdictions in which they were involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is the best way to defend the client from an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and premises owners in matters involving claims of mesothelioma and lung cancer and other asbestos-related diseases. The firm collaborates with clients in the development of internal programs to identify and resolve potential liability and safety concerns.
In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice devises litigation strategies and oversees local and region counsel to ensure a uniform and cost-effective defence in coordination with the client's goals. Additionally it plays an important part in the administration of asbestos dockets as well as negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's lawyers have experience in defending clients from mesothelioma claims and other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science that is associated with these cases, and the unique legal issues that arise when representing companies in state and federal courts across the United States.
Catherine has represented numerous manufacturers as lead counsel in asbestos legal and product liability personal injury lawsuits and in cases that have been consolidated involving multiple claimants. She has a wealth of experience litigating asbestos-related cases in state and federal courts as well as before various appellate and supreme court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports Encapsulated) that contained confidential data about the claimants. This included medical reports as well as work histories and a list asbestos products that plaintiffs used or worked near. Vogel had to have access to a password to access the files. She could then go through any SEAR forms that she received from her current employer.
In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is recognized nationally for its ability to negotiate settlements on behalf of its clients. The firm has worked closely with plaintiffs' lawyers to draft and implement settlement agreements. The firm also has extensive experience in defending businesses against appeals.
