14 Common Misconceptions About 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 help protect those who's financial security was affected by exposure to the toxic mineral. Compensation could cover medical expenses funeral and burial costs, lost quality of life, and suffering and pain.
Our lawyers are involved in the mass litigation of toxic torts on a regional, national and local scale. As our lawyers are well-versed with the unique issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can trigger serious medical conditions, such as mesothelioma. A New York asbestos lawyer is adept at dealing with asbestos lawsuits, which seek financial compensation for the victims and their families who have been exposed to this harmful substance. These cases can be complex, and it is critical to have an experienced mesothelioma law firm by your side.
New York has a long history of asbestos litigation and many residents have been exposed to this hazardous substance. In recent years there have been more claims against former asbestos manufacturers than ever before. These cases stem from the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer and asbestosis. The 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 old structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community around it.
Mesothelioma is triggered by exposure to asbestos in direct contact and many workers were exposed to it at work. In addition, exposure to asbestos through secondhand sources can cause mesothelioma. This includes spouses who wear husband's clothes to work and come into contact with asbestos dust regularly.
The mesothelioma lawsuit is costly for defendants, particularly when they are mistakenly identified as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This kind of litigation is usually fueled by specialized asbestos law firms that advertise on daytime television and encourage victims to file claims, with the promise of substantial settlements.
The defendants could be able to reduce some of the costs of these cases by arguing that their policy periods are expired or that they only have to pay a small portion of the value of the claim. However, New York law has not set out a clear policy on how to divide liabilities when the alleged exposure occurs within and outside the insurance company's policy.
Asbestos-Related Diseases
A wide range of asbestos-related illnesses can be triggered because of exposure to the mineral that causes cancer. The most serious condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare, but fatal condition is caused by asbestos fibers that accumulate in the lungs. They then irritate the linings of the ribcage (the pleura), chest cavity, and abdominal cavity. The inhalation of these small fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the formation of thickened patches on the pleura referred to as plaques of pleura or the more widespread fibrosis of the pleura, referred to as diffused pleural the fibrosis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as measured by a breath test. They can also cause pain and difficulty in breathing, but they do not lead mesothelioma or cancer.
Most of the time, symptoms of asbestos-related diseases do not show up until decades after the initial exposure. This is due to the fact that it can take between 20 and 50 years for the exposure to asbestos fibers to cause lung damage. Workers who handled, cleaned, and removed asbestos from the workplace as well as children, spouses and other people who are exposed to asbestos are at risk of developing mesothelioma.
In addition to mesothelioma other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma ovarian. Ovarian cancer is the most fatal form of mesothelioma for women, but it is less prevalent than mesothelioma in general. It is diagnosed later than other types of mesothelioma, because it is found within the linings of reproductive organs. Symptoms can be similar to other illnesses.
There were many companies that employed asbestos in the 20th century, but they knew that it was hazardous. When they failed to remove asbestos from their products, thousands of people were exposed. They can now sue for financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. In the aftermath, victims are able to seek the compensation they deserve from the trust funds established by the bankruptcy courts.
asbestos claim Litigation in New York
Asbestos companies have put profits before the safety of their workers and consumers for decades creating dangerous products without warning about the risks. They are now confronting the consequences of their inattention. People who's lives have been affected by mesothelioma, cancer of the lung and other asbestos-related diseases are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. Our lawyers have over 25 years of experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and obtain maximum compensation for clients.
Many states have established special asbestos courts in which claims can be filed and resolving more efficiently. In addition judges have created special procedures for evaluating and resolving asbestos cases.
New York is one such state, with its own asbestos court, known as NYCAL. The number of cases filed in this court has increased steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. To ensure that the justice system does not get overloaded, the New York Supreme Court has established an extra judicial panel to supervise NYCAL.
A panel composed of six Supreme Court judges will review every case in NYCAL to determine whether or not to accept it. Judges will also assess the merits of each claim to decide how much money a plaintiff should receive.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected to issue its final decision by the end of the year.
New York asbestos lawsuits are often complex and involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated issues. They are knowledgeable of New York's asbestos courts as well as their rules regulations, policies and guidelines, as well as other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity 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 and coordination judges and special masters of litigation in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is the best way to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and premises owners in cases involving claims for mesothelioma, lung cancer, and other asbestos-related illnesses. The firm works with clients in the development of internal programs to identify and resolve potential liability and safety concerns.
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 designs strategies for litigation, oversees regional and local counsel, and provides a cost-effective and consistent defense, in line with client objectives. It also plays an important part in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' lawyers and in coordinating discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience defending clients against claims made by injured claimants, such as those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science associated with these cases, and the particular legal issues that arise when defending businesses in federal and state courts across the United States.
Catherine has represented numerous manufacturers as the lead trial counsel in asbestos and personal injury lawsuits related to product liability as well as in consolidated cases that involve multiple plaintiffs. She has a wealth of experience litigating asbestos-related cases in federal and state courts and before a variety of appellate and supreme court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents in the Asbestos Claims 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, work histories, and a list asbestos products that plaintiffs used or worked near. Vogel had to have a password in order to access the files. She was then able to review any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is nationally recognized for its ability to successfully reach settlements on behalf of its clients. In this capacity, the firm works closely with lawyers representing plaintiffs in the creation and implementation of settlement agreements, and it has a vast experience in defending companies against appeals.