Tips For Explaining Asbestos Defense Attorney To Your Boss
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 affected by exposure to this toxic mineral. Compensation can cover medical costs funeral and burial costs, lost quality of life, and suffering and pain.
Our attorneys are involved in mass toxic tort litigation at a national, regional and local level. As such, we are familiar with the specific issues and the complex science that go along with asbestos case cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can lead to a variety of severe medical conditions, such as mesothelioma. A New York asbestos lawyer is adept at dealing with asbestos lawsuits, which seek compensation for victims and their families who have been exposed to this toxic substance. These cases can be a bit complicated, so it's important to have a mesothelioma lawyer on your side.
New York has had a long history of asbestos litigation. Many residents were exposed to the dangerous substance. In recent years there have been more lawsuits against former asbestos claim (read this post from bravogam.com) producers than ever before. These cases arise out of the realization that asbestos is linked to diseases such as mesothelioma and lung cancer. These companies knew of the dangers associated with the asbestos-containing mineral, yet they failed to warn their employees and consumers.
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 toxic area that continues affect the community around it.
Many workers were exposed asbestos in their work environments. In addition, exposure to asbestos through secondhand sources can lead to mesothelioma. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came in contact with asbestos dust on a regular basis.
The mesothelioma litigation is costly for defendants, particularly when they are mistakenly identified 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 television during the day and encourage victims to submit claims, promising they will receive significant settlements.
Defendants may be able to reduce some of the costs associated with these cases by arguing that their policy periods expire or they are only responsible for a tiny percentage of the value of the claim. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure is within and outside the insurer's policy periods.
Asbestos-related Illnesses
A myriad of asbestos-related illnesses can be triggered due to exposure to the mineral that causes cancer. The mesothelioma condition is the most serious. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare but fatal illness caused by exposure to asbestos fibers which accumulate in the lungs, and can cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the Pleura). Inhaling asbestos fibers can cause scarring in the lungs, known as asbestosis. It can also cause 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 pain and difficulty breathing however they do not lead to cancer or mesothelioma.
Often, symptoms of asbestos-related illnesses don't manifest until decades after initial exposure. It could take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. The people at risk of developing mesothelioma or any other asbestos-related diseases include those who handled, laundered and removed asbestos-containing products from the workplace, as well as spouses and children of those exposed to asbestos.
In addition to mesothelioma other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma ovarian. Ovarian cancer is the most fatal form of mesothelioma for women, but it is less common than mesothelioma general. It is typically diagnosed later than other forms of mesothelioma due to the fact that it is a cancer that develops in the lining of the reproductive organs, and the symptoms may be similar to those of other diseases.
There were many companies that used asbestos in the 20th century, however they knew that it was dangerous. If they didn't remove asbestos from their products thousands of people were exposed. They can now seek financial compensation. Many asbestos-related manufacturers are bankrupt. This means that 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 have put profits ahead of the safety of their employees and consumers by producing dangerous products without warning of the dangers. These companies are now confronting the consequences of their inattention. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and full settlement.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our attorneys have more than 25 years experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and seek maximum compensation for our clients.
Many states have established special asbestos courts in which claims can be filed and resolving more efficiently. Judges have also created specialized procedures to evaluate and resolve asbestos-related cases.
New York is one such state, with its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt the number of cases that have come through this court has been steadily increasing. The New York Supreme Court created a special judicial board to oversee NYCAL to stop the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review each case in NYCAL to decide whether to accept or reject it. Judges will also consider the merits of every claim to determine the amount of money each plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected issue its final decision before the end of the year.
New York asbestos lawsuits are typically complex and often involve allegations of multiple defendants. Belluck and Fox's lawyers have a wealth of experience in the litigation of these difficult matters. They are knowledgeable of the asbestos courts in New York and their rules, regulations and policies and other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity lawyers formulate strategies, manage local and regional counsel, and ensure consistent and efficient defenses for clients. They have worked closely in the past with trial judges, coordination judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is best to defend the client against a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and premises owners in cases involving claims for mesothelioma, lung cancer and other asbestos-related diseases. The firm also assists clients to create internal programs to identify and addressing safety and liability concerns.
Bowles Rice In addition to its asbestos practice across the country and multi-state asbestos litigation, is also the national Coordinating Counsel. In this capacity Bowles Rice formulates litigation strategies and manages local and region counsel to achieve a consistent and cost-effective defense in accordance with the client's needs. Additionally it plays a crucial part in the administration of asbestos dockets and negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's lawyers have a wealth of trial and appellate experience in defending clients against claims made by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are acquainted with the intricate science involved with these cases, and the particular legal issues that arise when defending companies in state and federal courts across the United States.
Catherine has represented numerous manufacturers as lead counsel in asbestos and product liability personal injury lawsuits and in cases that have been consolidated involving multiple plaintiffs. She has extensive experience litigating asbestos-related lawsuits in the state and federal courts as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents in the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about plaintiffs, such as medical reports, a history of work and a list of asbestos products that plaintiffs worked with or around. Vogel was required to have an account password to access the files. She was then able to go through any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is nationally recognized for its ability to reach settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to draft and implement settlement agreements. It also has a wealth of experience defending businesses against appeals.