7 Things About Asbestos Defense Attorney You ll Kick Yourself For Not Knowing
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer who is a defense attorney for asbestos can help protect those who's financial security was affected by exposure to the toxic mineral. Compensation can cover medical expenses, funeral and burial costs, loss of quality of life, as well as suffering and pain.
Our attorneys are involved in mass toxic tort litigation at a national, regional and local scale. As such, we are familiar with the specific issues and complex science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause severe medical conditions such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits which seek financial compensation for victims and their families due to exposure to this harmful substance. These cases can be complex, so it's important to have a mesothelioma attorney on your side.
New York has had a long-running history of asbestos litigation and many residents were exposed to the dangerous substance. In recent times there have been more claims against former asbestos producers than ever before. These cases are a result of the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer and asbestosis. These companies knew of the dangers associated with the hazardous mineral, but did not warn their employees and clients.
The New York City area is particularly susceptible to asbestos-related illnesses because of its older structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to impact the surrounding community.
Mesothelioma is caused by exposure to asbestos directly and a lot of workers were exposed to asbestos legal at work. However, people also get diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure workers who wore their husband's work clothes and came in contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is especially the case if they were incorrectly identified 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. The asbestos law firms that specialize in asbestos often advertise on TV during the day and encourage victims to file claims under the premise that they will receive significant settlements.
The defendants could be able to reduce the cost of these cases by arguing that their policy periods are overdue or that they are only responsible a small portion of the value of the claim. New York law does not provide a definitive rule on how to allocate liability when the alleged exposure is of and outside the insurer's policies.
Asbestos-related diseases
Exposure to asbestos can trigger various illnesses. The most serious of these is mesothelioma. Many have died from mesothelioma. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos fibers which accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the pleura). Inhaling asbestos fibers can cause scarring in the lungs. This is called asbestosis. It can also result in thickened patches of pleura (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity, as measured by breathing tests. They also cause breathing problems and pain however they do not cause mesothelioma or cancer.
The symptoms of asbestos-related diseases typically don't manifest until decades after initial exposure. It can take as long as 50 years for asbestos fibers inhaled to cause lung damage. People who are at risk of developing mesothelioma or other asbestos-related conditions include workers who handled, washed and removed asbestos-containing products from the workplace and spouses and children of those exposed to asbestos.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma of the ovary. Ovarian cancer is the most fatal mesothelioma type for women however, it is much less common than mesothelioma general. It is diagnosed later than most other mesothelioma types, because it is found in the linings of the reproductive organs. The symptoms can be similar to those of other illnesses.
Many companies employed asbestos in the 20th century, but they knew that it was a risk. They exposed thousands of people to asbestos if they failed to remove it from their products. Now, those exposed have the right to seek financial compensation. Many asbestos-related manufacturers are bankrupt. In the aftermath, victims can seek the money they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have placed profits over the security of their employees and consumers, producing dangerous products without warning of the risks. They are now paying the price for their negligence. People who have suffered from life-altering issues caused by mesothelioma, lung cancer and other asbestos-related diseases are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and seek maximum compensation for our clients.
Many states have created special asbestos courts, where claims can be filed more efficiently. In addition, judges have established special procedures for evaluating and resolving such cases.
New York, a state which has its own asbestos court (known as NYCAL), is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants who have declared bankruptcy, the caseload of this court has been steadily increasing. To ensure that the justice system isn't overwhelmed, the New York Supreme Court has created an additional judicial panel that will oversee NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also assess the merits of every 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 make a final decision 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 matters. They are familiar with New York's asbestos courts and their rules regulations, policies and guidelines and other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this capacity lawyers devise strategies, manage local and regional counsel and ensure that they are able to provide consistent and effective defenses for clients. They have collaborated closely with trial and coordination judges and litigation special masters in various jurisdictions in which they were involved in asbestos litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best strategy to defend a client against an asbestos personal injury claim. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and premises owners on matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing safety and liability issues.
Bowles Rice, in addition to its asbestos practice across the country and multi-state asbestos litigation is also the national Coordinating counsel. In this role, Bowles Rice develops litigation strategies and oversees local and region counsel to ensure a consistent and cost-effective defense that is in line with the client's needs. Additionally it plays a crucial role in the administration of asbestos dockets as well as negotiations with counsel for plaintiffs and leads discovery for its clients.
The attorneys of the firm have a wealth of trial and appellate experience defending clients from claims brought by injured claimants, including those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science associated with these cases, as well as the particular legal issues that arise when defending companies before federal and state courts across the United States.
Catherine has represented numerous manufacturers in asbestos and product liability personal injury cases, defending them as lead trial counsel and in consolidated trials that involved multiple claimants. She has a wealth of experience litigating asbestos-related lawsuits before the state and federal courts, as well as a variety of appellate and Supreme Court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos case Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information on the plaintiffs, including medical reports, a history of work and an inventory of asbestos-related products that plaintiffs worked with or around. Vogel was required to use access to the files and was able to go through the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is nationally recognized for its ability to reach settlements on behalf of its clients. In this capacity, the firm works closely with the lawyers of plaintiffs in the development and execution of settlement agreements, and it has extensive experience defending companies against appeals.
