9 Signs You re A Asbestos Defense Attorney Expert
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 help protect those who's financial security was affected due to exposure to the hazardous mineral. Compensation can cover medical costs funeral and burial costs, pain and suffering, and loss of quality of life.
Our attorneys serve as local, regional and national counsel in massive toxic tort litigation. We are well-versed in the unique issues and complex aspects of science of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can lead to various serious medical conditions, such as mesothelioma. A New York asbestos lawyer (just click the next article) is skilled in handling asbestos lawsuits that seek financial compensation for the victims and their families for exposure to this toxic substance. These cases can be extremely complex and it is crucial to have an experienced mesothelioma law firm on your side.
New York has had a long history of asbestos claim litigation and many residents were exposed to the dangerous material. In recent years, there have been more claims against former asbestos producers than ever before. These cases are a result of the realization that asbestos can cause illnesses like mesothelioma and lung cancer. These companies knew of the dangers of the hazardous mineral, but didn't 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. The Brooklyn Navy Yard was a notoriously toxic location that continues to impact on the community around it.
Mesothelioma can be caused by exposure to asbestos directly and many workers were exposed in the workplace. Secondhand exposure can also result in mesothelioma. This includes spouses of asbestos-exposed workers who wore their husband's work clothes and came in contact with asbestos dust regularly.
The mesothelioma litigation is costly for defendants, especially if they are wrongfully named as defendants. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number is expected to rise further. This type of litigation is typically fueled by specialized asbestos law firms that advertise on daytime TV and entice victims to file claims, with the promise of large settlements.
Defendants might be able to reduce some of the expenses arising from these cases by arguing that their policy periods expire or they are only accountable for a small percentage of the total claim value. New York law does not have a specific rule for how to distribute responsibility when the alleged exposure is of and outside the insurer's policies.
Asbestos-related Diseases
A myriad of asbestos-related diseases can develop because of exposure to the harmful mineral. The most serious of these is mesothelioma. Many people have died due to mesothelioma. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers which accumulate in the lungs and irritate the lining of the ribcage, chest cavity and abdominal cavity (the Pleura). Inhaling these tiny fibers can cause scarring of the lungs called asbestosis, and sometimes the development of thickened patches on the pleura referred to as pleural plaques or the more widespread fibrosis of the pleura, referred to as diffused pleural fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined 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 appear until decades after the initial exposure. This is because it can take between 20 and 50 years for the inhalation of asbestos fibers to damage the lungs. The people at risk of developing mesothelioma or any other asbestos-related conditions include workers who handled, washed and removed asbestos-containing materials from their workplaces and their spouses and children of those exposed to asbestos.
As well as mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma and mesothelioma of the ovary. The most deadly mesothelioma type is ovarian cancer, but it's less common than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it develops within the linings of reproductive organs. The symptoms may be similar to those of other illnesses.
Many companies employed asbestos in the 20th century, but they knew that it was hazardous. If they didn't remove it from their products, thousands of people were exposed. Now, those exposed have the right to sue for financial compensation. Many of the asbestos-related manufacturers have declared bankruptcy. The victims are now able to claim compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits before the safety of their workers and consumers for decades, producing hazardous products without warning of the dangers. These companies are now facing the consequences of their carelessness. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete settlement.
The lawyers at Belluck & Fox are dedicated to helping families and individuals get the justice they deserve. Our attorneys have more than 25 years experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to secure maximum compensation for our clients.
Many states have established special asbestos courts, where claims can be filed more efficiently. Additionally judges have created specific procedures to evaluate and resolve asbestos cases.
New York is one such state, with its own asbestos claim court known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants who have declared bankruptcy the number of cases that have come through this court has steadily increased. In order to ensure that the justice system is not overwhelmed, the New York Supreme Court has established an extra judicial panel to oversee NYCAL.
A panel composed of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also consider the merits of each claim to determine the amount of the plaintiff's compensation should be.
The panel is currently looking into more than 3500 lawsuits. The panel is expected to issue its final decision by the end of this year.
New York asbestos lawsuits can be complicated and can involve several defendants. Belluck and Fox's lawyers have a wealth of experience in defending these complicated matters. They are knowledgeable of the asbestos courts in New York, including their rules and regulations in addition to other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this capacity, lawyers create strategies, coordinate and manage regional and local counsel and ensure consistent and cost-effective defenses for each client. They have worked closely in the past with trial judges, coordination judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is the best way to defend the client against an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and distributors, contractors, and property owners on issues that involve mesothelioma claims, lung cancer, and other asbestos-related diseases. The firm works with clients on developing internal programs to identify and resolve potential liability and safety issues.
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 formulates strategies for litigation, oversees regional and local counsel and ensures a consistent and cost-effective defense that is in sync with the client's goals. It also plays a significant part in the administration and management of asbestos dockets as well as negotiations with plaintiffs' attorneys and in coordinating discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience in defending clients from claims brought by injured claimants, including those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are acquainted with complex science involved in these cases as well as particular legal issues that arise while defending businesses before federal and state courts across the United States.
Catherine has represented numerous manufacturers as the lead counsel in asbestos and product liability personal injury lawsuits as well as in consolidated cases that involve multiple claimants. She has a wealth of experience litigating asbestos-related lawsuits in the federal and state courts as well as various Supreme Court and appellate bodies.
While 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, including medical reports, work histories and a list of asbestos products that plaintiffs worked with or around. Vogel was required to have an account password to access these files, and she could also go through 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 successfully negotiate settlements for its clients. In this capacity, the company collaborates with the lawyers of plaintiffs in the preparation and execution of settlement agreements. It also has a vast experience in defending companies against appeals.