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 lawyer for asbestos defense can help protect those who's financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses, funeral and burial expenses as well as pain and suffering and loss of quality of life.

Our lawyers are local, regional and national counsel in massive toxic tort litigation. This means that we are familiarized with the unique issues and complex scientific aspects of asbestos cases.

New York Asbestos Lawsuits

asbestos attorney fibers can be deadly and can trigger serious medical conditions, such as mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek compensation for victims and their families for exposure to this toxic substance. These cases can be complex and therefore it is essential to have a mesothelioma lawyer to assist you.

New York has a long history of asbestos litigation, and many residents have been exposed to this hazardous substance. In recent times there have been more claims against former asbestos manufacturers than ever before. These cases result from the recognition of a link between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. These companies were aware the dangers that asbestos posed however, they failed to inform the employees and the public.

The New York City area is particularly prone to asbestos-related diseases because of its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community around it.

Many workers were exposed asbestos in their work environments. Secondhand exposure can also cause mesothelioma. This includes spouses of asbestos-exposure workers who wore their husband's work clothes and came in contact with asbestos dust regularly.

The litigation associated with mesothelioma can be expensive for defendants, particularly 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 increase even more. This kind of litigation is usually driven by asbestos law firms, which advertise on television during the day and encourage victims to file claims, with the promise of huge settlements.

Defendants may be able to mitigate some of the expenses arising from these cases by argument that their policy terms expire or they are only accountable for a small portion of the amount of the claim. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure is within and outside the insurer's policy periods.

Asbestos-related diseases

Exposure to asbestos can lead to a wide range of ailments. The mesothelioma condition is the most serious. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.

Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers that collect in the lungs and cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the pleura). The inhalation of these small fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the development of thickened patches on the pleura, known as plaques on the pleura, or a more widespread fibrosis of the pleura known as diffused fibrisis. Pleural plaques or diffuse fibrosis can reduce lung capacity, as measured by breathing test. They can also cause breathing problems and pain however they do not cause mesothelioma or cancer.

Symptoms of asbestos-related disease often don't manifest until decades after exposure. It can take as long as 50 years for asbestos-related fibers to be inhaled to cause lung damage. Workers who handled, cleaned, and removed asbestos from their workplaces as well as spouses, children, and others exposed to asbestos are at risk for developing mesothelioma.

In addition to mesothelioma other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma of the ovary. The most dangerous mesothelioma type is ovarian cancer, but it's much less common than the general mesothelioma. It is diagnosed later than most other mesothelioma types, because it develops in the linings of reproductive organs. The symptoms can be similar to those of other illnesses.

Many companies employed asbestos during the 20th century. They were aware that it was dangerous. When they failed to remove asbestos from their products thousands of people were exposed. Now, these people have the right to sue for financial compensation. Many asbestos-related companies are bankrupt. In the aftermath, victims are able to seek the compensation they are entitled to from trust funds set up by the bankruptcy courts.

Asbestos Litigation in New York

For decades, asbestos companies have placed profits over the safety of their employees and consumers, manufacturing hazardous products, without warning of the dangers. These companies are now paying for their carelessness. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full settlement.

The lawyers at Belluck & Fox are dedicated to helping families and individuals get the justice they deserve. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and to secure maximum compensation for our clients.

Many states have established special asbestos courts in which claims can be filed and resolving more efficiently. Additionally, judges have established specific procedures for evaluating and resolving asbestos 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 caseload of the court has been steadily increasing. The New York Supreme Court created an additional judicial board that will oversee NYCAL to stop the justice system from becoming overwhelmed.

A panel comprised of six Supreme Court judges will review each case in NYCAL to determine whether or not to take it up with it. Judges will also assess the merits of each claim to determine how much money each plaintiff should receive.

The panel is currently studying more than 3,500 lawsuits. The panel is expected to issue its final decision before 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 with the litigation of these complicated issues. They are well-versed in the asbestos courts in New York as well as their rules, regulations and policies in addition to other jurisdictions where they have handled multi-district litigation.

The firm also has vast experience serving as National Coordinating Counsel in asbestos attorneys litigation, representing clients throughout the nation in multi-district, complex litigation. In this role lawyers devise strategies, manage local and regional counsel and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely with coordinating and trial judges and litigation special masters in various jurisdictions in which they were involved in asbestos litigation.

Representation of Plaintiffs

A skilled Tulsa asbestos defense lawyer will determine the best strategy to defend a client against an asbestos-related personal injury claim. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and property owners in matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm collaborates with clients on developing internal programs to determine and address potential safety and liability concerns.

Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation, is also the national Coordinating counsel. In this capacity Bowles Rice formulates litigation strategies and oversees local and region counsel to achieve a consistent and cost-effective defense in accordance with the client's 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 client.

The firm's lawyers have extensive trial and appellate experience, defending clients against claims by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense attorneys are familiar with complex science involved in these cases, as well as unique legal issues that arise when defending companies before state and federal courts throughout the United States.

Catherine has represented numerous manufacturers as lead counsel in asbestos and personal injury lawsuits related to product liability, and in cases that have been consolidated involving multiple claimants. She has a wealth of experience litigating asbestos-related lawsuits before federal and state courts, as well as various Supreme Court and appellate bodies.

During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about the plaintiffs, such as medical reports, work histories, and the list of asbestos-related products that the plaintiff worked with or around. Vogel was required to have a password in order to access the files. Then, she could review any SEAR forms from her current employer.

In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is recognized 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. The firm also has extensive experience defending businesses against appeals.