14 Common Misconceptions Concerning 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 toxic mineral. Compensation can cover medical expenses, funeral and burial costs, lost quality of life, and pain and suffering.
Our lawyers serve as national, regional and local counsel in massive toxic tort litigation. This means that we are knowledgeable about the specific issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can cause various serious medical conditions, including mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek compensation for victims and their families for exposure to this toxic substance. These cases can be complicated, and it is critical to have a mesothelioma expert law firm by your side.
New York has had a long history with asbestos litigation. Many residents were exposed to this hazardous substance. In recent years, there have been more lawsuits filed against asbestos producers from the past than before. These cases arise out of the realization that asbestos is linked to diseases such as mesothelioma and lung cancer. These companies were aware of the dangers that asbestos posed however, they failed to inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the surrounding community.
Mesothelioma is triggered by direct exposure to asbestos and a lot of workers were exposed in the workplace. However, people also get diagnosed with mesothelioma following an exposure secondarily to the harmful substances. This is especially true for spouses who wear husband's clothes at work and come in contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is especially the case if they were 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 increase. The asbestos law firms that specialize in asbestos often advertise on TV during the day and encourage victims to submit claims, promising they will receive significant settlements.
The defendants may be able reduce some of the costs arising from these cases by asserting that their policy periods have expired or they are only accountable for a small percentage of the amount of the claim. New York law does not have a clear rule on how to divide the liability if the alleged risk is of the insurer's policies.
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Exposure to asbestos can lead to various ailments. The mesothelioma condition is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that accumulate in the lungs and irritate the lining of the chest cavity, ribcage and abdominal cavity (the the pleura). Inhaling asbestos fibers can cause scarring in the lungs, known as asbestosis. It can also cause thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause pain and difficulty in breathing, but they are not the cause of mesothelioma or cancer.
The majority of the time, signs of asbestos attorney-related diseases do not show up until decades after the initial exposure. It could take up to 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces as well as spouses, children and others who were exposed to asbestos are at risk for developing mesothelioma.
As well as mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma of the ovary. Ovarian cancer is the deadliest mesothelioma type for women however, it is much less common than mesothelioma in general. It is typically diagnosed later than other kinds of mesothelioma due to the fact that it develops in the tissues of the reproductive organs and the symptoms may be similar to symptoms of other diseases.
Several companies used asbestos during the 20th century. They were aware that it was a risk. They exposed thousands of people to asbestos because they didn't remove asbestos from their products. Now, these people have the right to claim financial compensation. Many asbestos-related companies are insolvent. The victims are now able to seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees and consumers, manufacturing hazardous products without warning of the dangers. They are now confronting the consequences of their inattention. People who have suffered from asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete compensation.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and seek the maximum amount of compensation for our clients.
Many states have established special asbestos courts in which claims can be filed and resolving more efficiently. In addition judges have developed special procedures for evaluating and resolving asbestos attorney cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants who have been bankrupt and have been unable to pay, the workload of this court has been steadily increasing. The New York Supreme Court created a special judicial board to supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review every case filed in NYCAL to determine whether to accept or reject it. Judges will also assess the merits of each claim to determine how much the plaintiff's compensation should be.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to issue its final decision by the end of this year.
New York asbestos lawsuits are usually complex and include allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated issues. They are familiar with the rules, regulations, and policies 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 nationwide in complex, multi-district litigation. In this role, lawyers develop strategies, manage 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 in which they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is best to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors and premises owners on matters that involve mesothelioma claims, lung cancer and other asbestos-related diseases. The firm also assists clients to create internal programs for identifying and addressing potential risks to safety and liability.
Bowles Rice In addition to its asbestos practice in the national level and multi-state asbestos litigation, is also the national Coordinating Counsel. In this capacity the firm formulates litigation strategies, supervises regional and local counsel and ensures a consistent and cost-effective defense that is in sync with client goals. It also plays an important role in the administration and management of asbestos dockets, as well in negotiations with plaintiffs' lawyers and coordinating discovery for its client.
The firm's lawyers have experience in defending clients against mesothelioma-related claims and other asbestos-related diseases. Asbestos defense lawyers are acquainted with the intricate research and technology involved in these cases as well as unique legal issues that arise when defending companies before state and federal courts throughout the United States.
Catherine has represented numerous manufacturers in asbestos and products 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 the federal and state courts as well as before a variety of supreme and appellate courts.
While at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports Encapsulated) that contained confidential data about the plaintiffs. These included medical reports and work histories, as well as an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to have an account password to access the files and was able to look over the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in appellate and trial work, is nationally recognized for its ability to negotiate settlements for its clients. In this capacity, the company works closely with lawyers representing plaintiffs in the preparation and execution of settlement agreements, and it has extensive experience defending companies against appeals.