15 Reasons You Shouldn t Ignore Asbestos Defense Attorney
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can protect the financial security of those who have been injured by exposure to this toxic mineral. Compensation can cover medical expenses, funeral and burial costs, loss of quality of life, as well as pain and suffering.
Our lawyers are involved in mass toxic tort litigation at a national, regional and local scale. As such, we are familiar with the specific issues and complex science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can trigger serious medical conditions like mesothelioma. A New York asbestos lawyer is skilled in dealing with asbestos lawsuits, which seek financial compensation for victims and their families for exposure to this harmful substance. These cases can be complicated and therefore it is essential to have a mesothelioma expert law firm by your side.
New York has had a long history of asbestos litigation and many residents were exposed to this dangerous substance. In recent years, there have been more claims against former asbestos producers than ever before. These cases are a result of the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies were aware of asbestos' dangers, but failed to warn employees and consumers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its older structures and a myriad of construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.
Mesothelioma is caused by exposure to asbestos in direct contact and many workers were exposed at work. However, some people are diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses who wear husband's clothes to work and come into contact with asbestos dust on a regular basis.
The mesothelioma lawsuit is costly for defendants, particularly if they are wrongfully 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 even more. Specialized asbestos law firms typically advertise on TV during the day and encourage victims to file claims, promising they will receive significant settlements.
The defendants could be able to reduce the cost of these cases by arguing that their policy periods are overdue or that they only have to pay only a small percentage of the amount claimed. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure occurs in and out of the insurance company's policy.
Asbestos-related diseases
Exposure to asbestos can cause a wide range of ailments. The mesothelioma condition is the most severe. Many people have died from mesothelioma. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal disease that is caused by asbestos fibers which collect in the lungs. They then cause irritation to the linings of the ribcage (the the pleura), chest cavity, and abdominal cavity. Inhaling these tiny fibers can result in scarring of the lungs known as asbestosis and occasionally, the formation of thickened patches on the pleura referred to as pleural plaques or a more widespread fibrosis of the pleura called diffused pleural fibrisis. Pleural plaques and diffused fibrosis decrease lung capacity as determined by breathing tests. They also cause breathing problems and pain however they do not lead to cancer or mesothelioma.
The signs of asbestos-related illness typically are not evident until years after the initial exposure. This is because it could take between 20 to 50 years for inhalation of asbestos-containing fibers to damage the lungs. Workers who handled, cleaned, and removed asbestos from the workplace and their children, spouses and others who were exposed to asbestos are at risk for developing mesothelioma.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most dangerous form of mesothelioma is ovarian cancer, however it is less common than the general mesothelioma. It is typically diagnosed later than other kinds of mesothelioma due to the fact that it develops in the lining 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 were aware that it was hazardous. If they didn't remove asbestos from their products, thousands of people were exposed. Now, these people are able to seek financial compensation. Many asbestos-related manufacturers are bankrupt. The victims are now able to seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit over the safety of their employees and their customers for decades, producing hazardous products without warning of the dangers. They are now facing the consequences of their carelessness. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full compensation.
The attorneys at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to secure the maximum amount of compensation for our clients.
A number of states have established special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also developed specialized procedures to evaluate 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 that have gone bankrupt the number of cases that have come through the court has steadily increased. The New York Supreme Court created an extra judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review every case filed in NYCAL to determine whether or not to take it up with it. Judges will also consider the merits of each case to determine the amount the plaintiff is entitled to.
Currently, the panel is reviewing more than 3,500 lawsuits. The panel is expected issue its final decision by the end of this year.
New York asbestos lawsuits can be complicated and can involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex cases. They are well-versed in New York's asbestos courts as well as their rules regulations, policies and guidelines in addition to other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity, attorneys develop strategies, coordinate and oversee local and regional counsel, and ensure cost-effective, consistent defenses for every client. They have been in close contact with trial judges, coordinating judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best strategy to defend a client in an asbestos personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and property owners on issues involving mesothelioma claims, lung cancer, and other asbestos-related diseases. The firm collaborates with clients to develop internal programs to resolve potential liability and safety issues.
Bowles Rice in addition to its national asbestos practice and multi-state asbestos litigation, is also the national Coordinating counsel. In this capacity the firm formulates litigation strategies, manages local and regional counsel, and ensures a consistent and cost-effective defense, in line with the client's goals. In addition it plays an important role in the administration of asbestos claim dockets as well as negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm's attorneys are experienced in defending clients from claims of mesothelioma and other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex scientific issues involved in these cases as in addition to unique legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented numerous manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits and in consolidated cases that involve multiple claimants. She has extensive experience in litigating asbestos-related lawsuits before the federal and state courts, as well as a variety of appellate and Supreme Court bodies.
While at Brobeck, Vogel worked on asbestos lawsuit cases, including those for respondents of the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information on the plaintiffs, such as medical reports, work histories and the list of asbestos-related products that the plaintiff worked with or around. Vogel required an account password to access the files. Then, she could look over any SEAR forms that she received from 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. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. It also has extensive experience defending businesses against appeals.