10 Things Everyone Hates About 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 lawyer can protect the financial security of those who have been harmed 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 national, regional and local counsel in massive toxic tort litigation. As a result, we are knowledgeable about the specific issues and the complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause severe medical conditions like mesothelioma. A New York asbestos attorney is skilled in dealing with lawsuits that seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be extremely complex, and it is critical to have a mesothelioma lawyers expert law firm on 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 are more lawsuits filed 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 and lung cancer and asbestosis. These companies were aware of asbestos's dangers but did not take the time to warn their employees and customers.
New York City is especially susceptible to diseases caused by asbestos because of its older structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to impact the surrounding community.
Mesothelioma can be caused by direct exposure to asbestos and a lot of workers were exposed to it in the workplace. However, many people are diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This is especially true for spouses who wear husband's clothing to work and come into contact with asbestos dust on a regular basis.
The mesothelioma lawsuit can be expensive for defendants, particularly when they are incorrectly named as a defendant. According to a study, more than 3,600 claims have been filed in New York courts since 2014 and the number could rise further. This niche litigation is often supported by asbestos law firms that promote on television during the day and encourage victims to file claims, with the promise of huge settlements.
Defendants might be able to reduce some of the expenses arising from these cases by asserting that their policy periods expire or they are only responsible for a tiny portion of the value of the claim. New York law does not have a specific rule for how to allocate liability when the alleged exposure is part of the insurer's policies.
Asbestos-related Illnesses
Exposure to asbestos can lead to a wide range of diseases. The most serious condition is mesothelioma. Many people have died from mesothelioma lawsuits. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
mesothelioma lawsuits is a rare but fatal disease that is caused by asbestos fibers which are found in the lung. They then cause irritation to the linings of the ribcage (the the pleura), chest cavity and abdominal cavity. Inhaling these tiny fibers can cause scarring of the lungs, a condition known as asbestosis and, sometimes, the development of thickened patches on the pleura called pleural plaques or an enlargement of fibrosis in the pleura called diffused pleural fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity, as measured by breathing tests. They can also cause breathing problems and pain but they don't lead to cancer or mesothelioma.
Symptoms of asbestos-related disease often don't manifest until decades after initial exposure. This is due to the fact that it can take between 20 and 50 years for the inhalation of asbestos fibers to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace as well as spouses, children, and others exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma include laryngeal cancer and lung cancer and peritoneal, ovarian and peritoneal cancer. The most deadly form of mesothelioma is ovarian cancer, but it's much less common than the general mesothelioma. It is often diagnosed later than other types of mesothelioma since it is a cancer that develops in the tissues of the reproductive organs, and the symptoms may 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. These people now have the right to seek financial compensation. Many asbestos-related manufacturers are bankrupt. 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 put profits above the safety of their employees and consumers, manufacturing hazardous products without warning of the risks. They are now paying for their negligence. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and full settlement.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have over 25 years of experience and have helped clients receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and seek maximum compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolved more efficiently. In addition judges have developed specific procedures for evaluating and resolving asbestos cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants who have been bankrupt and have been unable to pay, the workload of this special court has been steadily increasing. The New York Supreme Court created an additional judicial board that will supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also consider the merits of each claim to determine how much a plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to issue its final ruling by the end of this year.
New York asbestos lawsuits are typically complex and often include allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex cases. They are knowledgeable of the asbestos courts of New York as well as their rules regulations, policies and guidelines, as well as other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience in serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this role lawyers formulate strategies, manage local and regional counsel and ensure that they are able to provide consistent and efficient defenses for clients. They have worked closely with trial judges, coordinating judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is most effective to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and distributors, contractors, and property owners on issues involving mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm also works with clients to create internal programs for identifying and addressing potential risks to safety and liability.
Bowles Rice in addition to its asbestos practice across the country and multi-state asbestos litigation serves as national Coordinating counsel. In this role the firm formulates litigation strategies, manages regional and local counsel, and achieves consistent and cost-effective defense in coordination with the client's goals. It also plays an important part in the administration and management of asbestos dockets as well in negotiations with plaintiffs' lawyers and coordinating discovery for its clients.
The firm's lawyers have a wealth of trial and appellate experience in defending clients against claims made by injured claimants, including those who are claiming mesothelioma lawsuits or any other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science associated with these cases, as well as the unique legal issues that arise when defending companies in state and federal courts across the United States.
Catherine has defended numerous manufacturers in asbestos and products liability personal injury cases, defending them as the lead counsel in consolidated trials involving multiple claimants. She has a wealth of experience arguing asbestos-related cases in federal and state courts as well as before a variety of supreme and appellate court bodies.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports Encapsulated), which contained confidential data about the claimants. This included medical reports as well as work histories and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to use access to these files and could review the SEAR forms of any case she had with her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in appellate and trial work, is recognized nationally for its ability to negotiate settlements for clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. The firm also has extensive experience defending businesses against appeals.
