10 Misconceptions Your Boss Holds 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 help protect the financial security of those injured by exposure to this harmful mineral. Compensation can cover medical costs, funeral and burial costs, lost quality of life, as well as pain and suffering.

Our lawyers are involved in the mass litigation of toxic torts on a regional, national and local scale. As a result, we are familiarized with the unique issues and the complex scientific aspects of asbestos cases.

New York Asbestos Lawsuits

Asbestos is a deadly fiber that can cause various serious medical conditions, such as mesothelioma. A New York asbestos attorney is adept at handling lawsuits seeking financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complicated, so it's important to have a mesothelioma attorney on your side.

New York has a long history of asbestos litigation, and many residents have been exposed to this dangerous material. In recent times, there have been more lawsuits against former asbestos manufacturers than ever before. These cases arise out of the recognition that asbestos is associated with illnesses like mesothelioma and lung cancer. These companies were aware of the dangers associated with this hazardous mineral, but failed to warn their employees and clients.

The New York City area is particularly prone to asbestos-related diseases due to its older structures and numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.

Mesothelioma is triggered by direct exposure to asbestos and many workers were exposed to it at work. However, people also get diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses who wear husband's clothing to work and come into contact with asbestos dust frequently.

The mesothelioma lawsuit can be costly for defendants. This is particularly relevant if they've been wrongly named as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. This niche litigation is often supported by asbestos law firms, which advertise on daytime television and encourage victims to file claims, with the promise of substantial settlements.

The defendants might be able to reduce the cost of these cases by arguing that their policy periods are overdue or that they are only responsible for a small portion of the claim value. However, New York law has not set out a clear policy regarding how to allocate liabilities when the alleged exposure is outside of the insurer's policy periods.

Asbestos-related Diseases

Exposure to asbestos can lead to a wide range of diseases. The most serious of these is mesothelioma. Many people have died from mesothelioma. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.

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 chest cavity, ribcage and abdominal cavity (the pleura). The inhalation of these tiny fibers can cause scarring to the lungs, a condition known as asbestosis and occasionally, the formation of thickened patches on the pleura referred to as plaques of pleura or a more widespread fibrosis of the pleura known as diffused fibrisis. Pleural plaques or diffuse fibrosis may reduce lung capacity, as measured by a breath test. They can also cause pain and difficulty in breathing, however they do not lead mesothelioma or cancer.

Symptoms of asbestos-related disease often do not manifest until decades after initial exposure. This is because it can take between 20 to 50 years for inhalation of asbestos fibers to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace as well as spouses, children and other people who are exposed to asbestos are at risk of developing mesothelioma.

As well as mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most deadly mesothelioma type is ovarian cancer, but it's less prevalent than mesothelioma in general. It is diagnosed later than other types of mesothelioma because it occurs within the linings of reproductive organs. The symptoms can be similar to other illnesses.

A number of companies used asbestos in the 20th century, but they knew that it was dangerous. When they failed to remove asbestos compensation from their products, thousands of people were exposed. They can now claim financial compensation. Many asbestos-related companies are insolvent. The victims can now seek compensation from the trust funds set up by bankruptcy courts.

Asbestos Litigation in New York

Asbestos companies have put profit over the safety of their workers and customers for a long time making dangerous products, without warning about the risks. These companies are now confronting the consequences of their carelessness. People who have suffered from life-altering issues caused by mesothelioma, lung cancer and other asbestos-related diseases are seeking fair and full settlement.

Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have more than 25 years of experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to obtain the maximum amount of compensation for our clients.

Many states have created asbestos courts that are specifically designed so that claims can be filed more efficiently. Additionally, judges have established specific procedures for evaluating and resolving asbestos cases.

New York is one such state that has its own asbestos court known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have declared bankruptcy and have been unable to pay, the workload of this special court has steadily increased. The New York Supreme Court created an additional judicial board that will oversee NYCAL in order to keep the justice system from becoming overwhelmed.

A panel of six Supreme Court Judges will review each case to determine if it should be accepted or rejected. Judges will also assess the merits of each claim to determine the amount a plaintiff should be awarded.

At present, the panel is studying more than 3,500 lawsuits. The panel is expected to announce its final decision before the end of this year.

New York asbestos lawsuits can be complicated and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated issues. They are well-versed in 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 extensive experience serving as National Coordinating Counsel in asbestos litigation, representing clients across the country in multi-district, complex litigation. In this capacity lawyers devise strategies, oversee regional and local counsel, and ensure consistent and efficient defenses for clients. They have collaborated closely with coordinating and trial judges and special masters of litigation in various jurisdictions where they were involved in asbestos litigation.

Representation of Plaintiffs

A skilled Tulsa asbestos defense lawyer will determine the best strategy to defend a client in a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and distributors, contractors, and property owners on issues concerning mesothelioma-related claims, lung cancer, and other asbestos-related diseases. The firm works with clients on developing internal programs to address potential safety and liability issues.

In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation (pedersen-Kjeldsen-2.technetbloggers.de). In this capacity the firm designs litigation strategies, manages regional and local counsel and achieves consistent and cost-effective defense, in line with the client's goals. Additionally it plays an important role in the administration of asbestos dockets as well as negotiations with plaintiffs' counsel and lead discovery for its clients.

The firm's lawyers have a wealth of trial and appellate experience defending clients from claims brought by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved with these cases, and the unique legal issues that arise when defending businesses in state and federal 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 involving a variety of claimants. She has a wealth of experience arguing asbestos-related cases in federal and state courts as well as before a variety of supreme and appellate court bodies.

During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents of the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about the plaintiffs, including medical reports, a history of work and the list of asbestos-related products that plaintiffs worked with or around. Vogel required access to a password to access the files. She was then able to go through any SEAR forms from her current employer.

In addition to its extensive trial and appellate experience as well as its vast trial and appellate experience, the Bowles Rice Asbestos Team is well-known throughout the country for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm collaborates with lawyers representing plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience in defending businesses against appeals.