Why You Should Focus On Enhancing Asbestos Defense Attorney
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 assist those whose financial security has been affected due to exposure to the hazardous mineral. Compensation can cover medical expenses, funeral and burial costs, loss of quality of life, and pain and suffering.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local scale. We are familiarized with the unique issues and complex aspects of science of asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause severe medical conditions like mesothelioma. A New York asbestos attorney is experienced in dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be complicated and it is crucial to have an experienced mesothelioma law firm on your side.
New York has had a long-running history of asbestos litigation. Many residents were exposed to this hazardous material. In recent years there have been more lawsuits against former asbestos manufacturers than ever before. These cases result from 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 didn't warn their employees and clients.
The New York City area is particularly susceptible to asbestos-related ailments because of its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site 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 to it in the workplace. However, people also get diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposed workers who had their husbands' work clothes and came in contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is particularly true if they have been incorrectly identified as defendants. According to an investigation, more than 3,600 claims have been filed in New York courts since 2014 and the number could increase even more. Specialized asbestos law firms often advertise on TV during the day and encourage victims to file claims with the promise that they will receive substantial settlements.
Defendants may be able to reduce some of the costs associated with these cases by arguing that their policy periods have expired or they're only responsible for a small portion of the claim value. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure is in and out of the policy period of the insurer.
Asbestos-related diseases
Exposure to asbestos can lead to various illnesses. The most severe condition is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma, a rare, but fatal illness is caused by asbestos fibers that are found in the lung. They then irritate the linings of the ribcage (the pleura), chest cavity, and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs. This is called asbestosis. It can also result in thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause breathing problems and pain however they do not lead to cancer or mesothelioma.
Often, symptoms of asbestos-related illnesses don't manifest until decades after initial exposure. It can take up to 50 years for asbestos fibers inhaled to cause lung damage. People who are at risk of developing mesothelioma and other asbestos-related diseases include those who handled, laundered and removed asbestos-containing materials from their workplaces and their spouses and children of asbestos-related exposure.
As well as mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most dangerous form of mesothelioma is called ovarian cancer, but it's much less common than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it is found in the linings of reproductive organs. Symptoms can be similar to those of other illnesses.
Several companies used asbestos during the 20th century. They were aware that it was a risk. If they didn't remove it from their products, thousands of people were exposed. They can now seek financial compensation. Many asbestos-related companies have filed for bankruptcy. The victims can now seek compensation from the trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have placed profits over the safety of their employees as well as consumers by producing dangerous products without warning of the risks. These companies are now paying the price for their inattention to. People whose lives have been disrupted by mesothelioma and lung cancer and other asbestos-related diseases are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get the justice they deserve. Our attorneys have more than 25 years of experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold corporations accountable and to secure the maximum amount of compensation for our clients.
A number of states have set up special asbestos courts, where claims can be filed more efficiently. In addition judges have developed specialized procedures for evaluating and resolving asbestos cases.
New York is one such state, with its own asbestos court, known as NYCAL. The caseload in this specialty court has been increasing steadily as increasing numbers of asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. 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 composed of six Supreme Court judges will review every case filed in NYCAL to determine whether or not to accept it. Judges will also consider the merits of each claim to determine the amount of money each plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to announce its final decision before the end of the year.
New York asbestos lawsuits can be complex and involve several defendants. Belluck and Fox's lawyers have vast experience in litigating these complex issues. They are knowledgeable of New York's asbestos courts as well as their rules and regulations 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, attorneys develop strategies, coordinate and oversee regional and local counsel and ensure cost-effective, consistent defenses for each client. They have collaborated closely with trial and coordination judges and special masters of litigation in various jurisdictions in which they were involved in asbestos litigation.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best strategy to defend a client from an asbestos personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and premises owners on matters concerning mesothelioma-related claims, lung cancer and other asbestos-related diseases. The firm collaborates with clients in the development of internal programs to identify and address potential safety and liability concerns.
Bowles Rice in addition to its asbestos practice across the country and multi-state asbestos litigation serves as national Coordinating counsel. In this capacity Bowles Rice formulates strategies for litigation and supervises regional and local counsel to ensure a uniform and cost-effective defense in accordance with the client's goals. It also plays an important part in the administration and management of asbestos dockets aswell in negotiations with plaintiffs' attorneys and leading discovery for its client.
The firm's lawyers have experience in defending clients against mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the intricate science involved in these cases as well as specific 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 that involved multiple claimants. She has a wealth of experience litigating asbestos-related cases in federal and state courts, as well as before a variety of supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential information about plaintiffs. This included medical reports as well as work histories and a list asbestos claim (click for info) products that plaintiffs worked with or near. Vogel was required to have an account password to access the files and was able to go through the SEAR forms of any case she had with 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 its clients. The firm has worked closely with plaintiffs' lawyers to draft and implement settlement agreements. It also has extensive experience in defending businesses from appeals.