10 Misconceptions Your Boss Shares Concerning Asbestos Defense Attorney
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A defense attorney for asbestos can protect those whose financial security has been affected due to exposure to the hazardous mineral. Compensation could cover medical expenses, funeral and burial costs, lost quality of life, as well as suffering and pain.
Our lawyers are national, regional and local counsel in mass toxic tort litigation. We are knowledgeable about the specific issues and complex scientific aspects of asbestos settlement cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can trigger numerous serious medical conditions, such as mesothelioma. A New York asbestos attorney is skilled in handling lawsuits to seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complicated and it is crucial to have a reputable mesothelioma law firm on your side.
New York has had a long-running history of asbestos litigation and many residents were exposed to this dangerous material. In recent years, there have been more claims against former asbestos producers than ever before. These cases result from the recognition of a connection between asbestos and certain diseases such as mesothelioma, lung cancer and asbestosis. These companies were aware of the dangers that asbestos posed however, they failed to inform the employees and the public.
The New York City area is particularly susceptible to asbestos-related illnesses due to its old 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. However, some people are 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 regularly.
The mesothelioma lawsuit is costly for defendants, especially when they are incorrectly named as defendants. According to a study, more that 3,600 claims have been filed in New York courts since 2014 and the number could rise further. Specialized asbestos law firms typically advertise on television during the day and encourage victims to submit claims with the promise that they will receive significant settlements.
Defendants may be able to reduce some of the costs arising from these cases by asserting that their policy periods expire or they are only accountable for a small percentage of the amount of the claim. New York law does not have a clear rule on how to distribute responsibility when the alleged exposure is within and part outside of the insurance policies.
Asbestos-related diseases
Exposure to asbestos can cause various illnesses. The most serious of these is mesothelioma. Mesothelioma has caused the death of many people. 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 caused by exposure to asbestos fibers which accumulate in the lungs and cause irritation to the lining of the chest cavity, ribcage and abdominal cavity (the Pleura). The inhalation of these small fibers can cause scarring of the lungs called asbestosis, and sometimes the formation of thickened patches on the pleura called pleural plaques or a more widespread fibrosis of the pleura, referred to as diffused pleural fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity, as determined by a breathing test. They can also cause pain and discomfort in breathing, however they don't cause mesothelioma or cancer.
Often, symptoms of asbestos-related diseases do not show up until decades after the initial exposure. This is because it can take between 20 to 50 years for inhalation of asbestos fibers to damage the lungs. Workers who handled, cleaned and removed asbestos from the workplace as well as spouses, children and others who were exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related diseases, in addition to mesothelioma, include lung cancer and laryngeal carcinoma, peritoneal, ovarian, and peritoneal cancer. Ovarian cancer is the most fatal mesothelioma type for women however, it is much less common than mesothelioma in general. It is usually 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 symptoms of other diseases.
A number of companies used asbestos in the 20th century. They were aware that it was dangerous. When they did not remove it from their products, thousands of people were exposed. Now, those exposed have the right to sue for financial compensation. Many asbestos-related companies have gone bankrupt. The victims are now able to seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit before the safety of their workers and their customers for decades making dangerous products, without warning about the risks. These companies are now confronting the consequences of their negligence. People who's lives have been affected by mesothelioma and lung cancer and other asbestos-related illnesses are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have more than 25 years experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and seek the maximum amount of compensation for our clients.
Many states have established special asbestos courts in which claims can be filed and resolved more efficiently. In addition judges have developed specialized procedures for evaluating and resolving such cases.
New York, a state with its own asbestos court (known as NYCAL), is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt the number of cases that have come through the court has been steadily increasing. The New York Supreme Court created a special judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review every case 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.
The panel is currently looking into more than 3500 lawsuits. The panel is expected issue its final decision before the end of this year.
New York asbestos lawsuits are often complex and involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated issues. They are knowledgeable of the rules regulations, policies, and procedures of the asbestos courts in New York, as well as the laws of other jurisdictions where they have handled multidistrict litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, attorneys create strategies, coordinate and oversee regional and local counsel and ensure cost-effective, consistent defenses for every client. They have collaborated closely with trial and coordination judges and litigation special masters in the various jurisdictions where they were involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is most effective to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors, and owners of premises on matters involving mesothelioma claims, lung cancer and other asbestos claim (head to Xn 9i 2bz 3bx 5fu 3d 8q 5a)-related diseases. The firm also works with clients to create internal programs to identify and addressing any 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 role Bowles Rice devises strategies for litigation and supervises local and region counsel to ensure a uniform and cost-effective defense that is in line with the client's goals. Additionally, it plays a key role in the administration of asbestos dockets as well as negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's attorneys are experienced in defending clients from mesothelioma-related claims and other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, as well as the unique legal issues that arise when representing companies in federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and personal injury lawsuits related to product liability, and in consolidated cases involving multiple plaintiffs. She has a wealth of experience arguing asbestos-related cases in state and federal courts, as well as before various supreme and appellate court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents of the asbestos legal Claims Facility in Northern California. The cases files included SEAR forms (Short encapsulated Evaluative reports), which contained confidential data about the plaintiffs. This included medical reports, work histories, and the list of asbestos-related products that plaintiffs worked with or near. Vogel required an account password to access the files. She could then review any SEAR forms from her current employer.
In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is acknowledged nationally for its ability to negotiate settlements on behalf of its clients. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. It also has a wealth of experience in defending businesses against appeals.