So You ve Bought Asbestos Defense Attorney ... Now What
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 protect those whose financial security has been affected due to exposure to the hazardous mineral. Compensation can cover medical expenses funeral and burial costs, lost 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 particular issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can trigger a variety of severe medical conditions, such as mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek financial compensation for the victims and their families for exposure to this harmful substance. These cases can be a bit complicated, so it's important to have a mesothelioma attorney on your side.
New York has had a long history of asbestos litigation, and many residents were exposed to this dangerous material. In recent years there are more lawsuits filed against asbestos producers in the past than ever before. These cases are a result of the recognition of a link between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. The companies were aware of the dangers associated with the asbestos-containing mineral, yet they did not inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its old structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the community surrounding it.
Many workers were exposed asbestos at work. Exposure to asbestos from the outside can result in 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.
Mesothelioma-related litigation can be expensive for defendants. This is particularly relevant if they've been wrongly named 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. This type of litigation is typically fueled by specialized asbestos law firms that promote on television during the day and encourage victims to file claims with the promise of large settlements.
The defendants may be able mitigate some of the expenses arising from these cases by arguing that their policy periods have expired or they are only accountable for a small percentage of the total amount of the claim. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure occurs partly within and outside the insurance company's policy.
Asbestos-related illnesses
A myriad of asbestos-related diseases can develop because of exposure to the mineral that causes cancer. The condition known as mesothelioma is the most serious. Many have died from mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma, a rare, but fatal disease is caused by asbestos fibers that collect in the lungs. They then irritate the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. Inhaling asbestos claim 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 can also cause pain and discomfort in breathing, but they are not the cause of cancer or mesothelioma.
The majority of the time, signs of asbestos-related diseases don't show up until decades after the initial exposure. This is due to the fact that it can take between 20 and 50 years for the inhalation of asbestos lawsuit fibers 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.
In addition to mesothelioma, other asbestos legal-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma of the ovary. The most fatal form of mesothelioma is called ovarian cancer, but it's less prevalent than mesothelioma in general. It is diagnosed later than other types of mesothelioma because it is found in the linings of the reproductive organs. The symptoms may be similar to those of other illnesses.
A number of companies employed asbestos in the 20th century, however they were aware that it was hazardous. When they failed to remove it from their products, thousands of people were exposed. They can now sue for financial compensation. Many asbestos-related companies have filed for bankruptcy. The victims can now seek compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the security of their employees and consumers, producing dangerous products without warning of the dangers. These companies are now paying for their negligence. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete compensation.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our lawyers have over 25 years experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and obtain maximum compensation for clients.
Many states have created asbestos courts with specialization, where claims can be filed more efficiently. Additionally, judges have established specialized procedures to evaluate and resolve asbestos cases.
New York is one such state with its own asbestos court, known as NYCAL. The number of cases filed in this court has grown steadily, as increasing numbers of asbestos victims seek compensation from solvent former asbestos defendants who went bankrupt. The New York Supreme Court created an additional judicial board that will oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case in NYCAL to decide whether or not to accept it. Judges will also assess the merits of each case to decide how much money a plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits are usually complex and involve allegations of multiple defendants. Belluck and Fox's lawyers have vast experience in defending these complicated matters. They are knowledgeable of the asbestos courts of New York as well as their rules and regulations and other jurisdictions where they have handled multi-district 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, attorneys create strategies, coordinate and oversee local and regional counsel, and ensure cost-effective and consistent defenses for each client. 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 which strategy is best to defend the client against an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and owners of premises in cases involving claims for mesothelioma, lung cancer and other asbestos-related illnesses. The firm also assists clients to develop internal programs for identifying and addressing risks to safety and liability.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm designs litigation strategies, manages regional and local counsel and achieves consistent and cost-effective defense in coordination with client objectives. In addition it plays a crucial part in the administration of asbestos dockets as well as negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's lawyers have experience in defending clients against mesothelioma claims and other asbestos-related diseases. asbestos attorney defense attorneys are acquainted with the complex science that is associated with these cases, and the particular legal issues that arise when representing companies in federal and state courts across the United States.
Catherine has represented numerous manufacturers in asbestos and products liability personal injury cases, acting as lead trial counsel and in consolidated trials involving a variety of plaintiffs. She has extensive experience in litigating asbestos-related lawsuits before the state and federal courts as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including those at the asbestos case Claim Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information on the plaintiffs, such as medical reports, work histories, and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel had to have access to a password to access the files. Then, she could go through any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in appellate and trial work, is recognized nationally for its ability to negotiate settlements for clients. In this capacity, the company collaborates closely with plaintiffs' lawyers in the preparation and execution of settlement agreements, and it has extensive experience defending companies against appeals.