The Advanced Guide To Asbestos Defense Attorney
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos attorney defense lawyer can protect the financial security of those who have been injured by exposure to this harmful mineral. Compensation can cover medical expenses, funeral and burial costs, lost quality of life, and suffering and pain.
Our attorneys serve as local, regional, and national counsel in large toxic tort litigation. As a result, we are familiarized with the unique issues and complex scientific aspects associated with asbestos cases.
New York asbestos case Lawsuits
Asbestos is a harmful fiber that can lead to various serious medical conditions, including mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that 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 to assist you.
New York has a long history of asbestos litigation, and many residents have been exposed to this hazardous material. In recent years, there are more lawsuits filed against former asbestos producers than ever before. These cases result from the recognition of a link between asbestos and diseases like mesothelioma, lung cancer and asbestosis. These companies were aware asbestos' dangers but did not take the time to warn their employees and customers.
New York City is especially susceptible to illnesses caused by asbestos because of its old structures and many construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the community around it.
Mesothelioma is triggered by exposure to asbestos in direct contact and many workers were exposed in the workplace. However, some people are diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposed workers who had their husbands' work clothes and came into contact with asbestos dust regularly.
The litigation associated with mesothelioma can be costly for defendants, particularly when they are incorrectly named as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014 and the number could increase further. Specialized asbestos law firms typically advertise on daytime TV and encourage victims to file claims, promising they will receive substantial settlements.
Defendants might be able to mitigate some of the costs associated with these cases by asserting that their policy periods have expired or they're only responsible for a tiny percentage of the total value of the claim. New York law does not provide a definitive rule on how to allocate responsibility when the alleged exposure is within and part outside of the insurance policies.
Asbestos-Related Illnesses
Exposure to asbestos can trigger many different diseases. The mesothelioma disease is the most serious. Many people have died due to mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma, a rare, but fatal illness is caused by asbestos fibers which accumulate in the lung. They then irritate the linings of the ribcage (the Pleura), chest cavity and abdominal cavity. Inhaling asbestos fibers can cause scarring of the lungs, called asbestosis. It can also cause thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as determined by breathing tests. They can also cause pain and difficulty in breathing, but they don't cause mesothelioma or cancer.
Most of the time, symptoms of asbestos-related diseases don't show up 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 the workplace and their children, spouses and other people who are exposed to asbestos are at risk for developing mesothelioma.
In addition to mesothelioma, other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma and ovarian mesothelioma. The most dangerous form of mesothelioma is ovarian cancer, but it's less prevalent than mesothelioma in general. It is often diagnosed later than other types of mesothelioma due to the fact that it is a cancer that develops in the tissues of the reproductive organs and the symptoms can be similar to those of other illnesses.
Many companies employed asbestos in the 20th century, however they knew that it was a risk. If they didn't remove asbestos from their products thousands of people were exposed. Now, these people have the right to claim financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to claim compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the security of their employees and consumers, manufacturing hazardous products without warning of the dangers. They are now facing the consequences of their carelessness. People who have suffered from life-altering issues caused by mesothelioma, cancer of the lung and other asbestos-related illnesses are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. 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 attorneys work to hold corporations accountable and obtain maximum compensation for clients.
A number of states have set up asbestos courts with specialization, where claims can be filed more efficiently. Judges have also established special procedures to review and resolve asbestos-related cases.
New York, a state which 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 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 to stop the justice system from becoming overwhelmed.
A panel composed of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also assess the merits of each case to determine how much a plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected issue its final ruling by the end of this year.
New York asbestos lawsuits are typically complex and often include allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex issues. They are familiar with the asbestos courts of New York as well as their rules, regulations and policies, as well as other jurisdictions in which they have handled multi-district litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this role lawyers devise strategies, manage local and regional counsel and ensure consistent and efficient defenses for clients. They have worked 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 which strategy is most effective to defend the client against an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and property owners on matters involving claims of mesothelioma, lung cancer and other asbestos-related illnesses. The firm works with clients on developing internal programs to identify and address potential safety and liability concerns.
In addition to its national asbestos practice, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity, the firm develops litigation strategies, manages local and regional counsel, and ensures a consistent and cost-effective defense in coordination with client objectives. It also plays a major role in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' attorneys and leading discovery for its clients.
The firm's lawyers have a wealth of trial and appellate experience, defending clients from claims brought by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are familiar with the intricate scientific issues involved in these cases as and specific legal issues that arise while representing companies in federal and state courts across the United States.
Catherine has represented a variety of companies in asbestos and products liability personal injury cases, representing them as lead trial counsel and in consolidated trials involving multiple plaintiffs. She has a wealth of experience litigating asbestos-related lawsuits in the state and federal courts, as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents of the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short Evaluative Reports Encapsulated) that contained confidential information about claimants. The files contained medical reports, work histories, and the list of asbestos-related products that plaintiffs worked with or near. Vogel had to have access to a password to access the files. She could then go through any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in trial and appellate work, is recognized nationally for its ability to successfully negotiate settlements for its clients. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. It also has a wealth of experience in defending businesses from appeals.