15 Reasons You Shouldn t Overlook Asbestos Defense Attorney
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer who is a defense attorney for asbestos can assist those who's financial security was affected by exposure to the harmful mineral. Compensation can cover medical costs funeral and burial costs, loss of quality of life, as well as pain and suffering.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local scale. As such, we are familiar with the specific issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can trigger serious medical conditions, such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek financial compensation for the victims and their families due to exposure to this harmful substance. These cases can be a bit complicated and therefore it is essential to have a mesothelioma attorney to assist you.
New York has a long history of asbestos case litigation, and many residents have been exposed to this dangerous material. In recent years, there have been more lawsuits against asbestos producers from the past than before. These cases are a result of the realization that asbestos is linked to diseases such as mesothelioma and lung cancer. These companies were aware of the dangers of the asbestos-containing mineral, yet they failed to inform their employees and customers.
The New York City area is particularly prone to asbestos-related diseases due to its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to impact on the community surrounding it.
Mesothelioma is caused by direct exposure to asbestos and a lot of workers were exposed to asbestos at work. Exposure to asbestos Lawsuit from the outside can lead to mesothelioma. This includes spouses who wear their husband's clothes at work and come in contact with asbestos dust regularly.
Litigation involving mesothelioma is expensive for defendants. This is particularly true if they have been wrongly named as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. Specialized asbestos law firms typically advertise on television during the day and encourage victims to file claims with the promise that they will receive significant settlements.
The defendants may be able reduce the cost of these cases by arguing their policy periods are expired or that they only have to pay only for a small proportion of the amount claimed. However, New York law has not provided a definitive rule regarding how to allocate liabilities when the alleged exposure is within and outside the insurer's policy periods.
Asbestos-related Diseases
A wide range of asbestos-related illnesses can be triggered because of exposure to the harmful mineral. The most severe condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques and pleural effusion.
Mesothelioma is a rare but fatal illness caused by exposure to asbestos fibers which accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the the pleura). Inhaling asbestos fibers can cause scarring in the lungs. This is known as asbestosis. It can also result in thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They can also cause pain and difficulty breathing however they do not cause mesothelioma or cancer.
Most of the time, symptoms of asbestos-related illnesses don't appear until decades after the initial exposure. It can take as long as 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces as well as spouses, children and other people who are exposed to asbestos are at risk of developing mesothelioma.
In addition to mesothelioma other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and mesothelioma ovarian. The most dangerous form of mesothelioma is called ovarian cancer, but it's less frequent than the general mesothelioma. It is often diagnosed later than other types of mesothelioma due to the fact that it is a cancer that develops in the tissue of the reproductive organs, and symptoms can be similar to symptoms of other illnesses.
Several companies used asbestos legal during the 20th century. They were aware that it was dangerous. They exposed thousands of people to asbestos because they didn't remove asbestos from their products. They can now claim financial compensation. Many of the asbestos-related manufacturers have declared bankruptcy. As a result, the victims are able to seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit over the safety of their employees and their customers for decades making dangerous products, without warning about the risks. These companies are now paying for their inattention to. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and full compensation.
The attorneys at Belluck & Fox are dedicated to helping individuals and families get the justice they deserve. Our attorneys have more than 25 years of experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and seek the highest amount of compensation for their clients.
A number of states have established special asbestos courts where claims can be filed and resolving more efficiently. Judges have also created special procedures to review and resolve these cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants who have declared bankruptcy the number of cases that have come through the court has been steadily increasing. In order to ensure that the justice system is not overloaded, the New York Supreme Court has created an additional judicial panel that will oversee NYCAL.
A panel composed 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 assess the merits of each claim to determine the amount of the plaintiff's compensation should be.
Currently, the panel is studying more than 3,500 lawsuits. The panel is expected to issue its final ruling before the end of the year.
New York asbestos lawsuits are typically complex and often involve allegations of multiple defendants. Belluck and Fox's lawyers have a wealth of experience in litigating these complex cases. They are familiar with the rules regulations, rules, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions where they have handled multidistrict litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, lawyers create strategies, coordinate and oversee regional and local counsel, and ensure cost-effective, consistent defenses for each client. They have collaborated closely with coordinating and trial 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 what strategy is the best way to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors, and premises owners on matters involving mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm works with clients on developing internal programs to identify and address potential safety and liability issues.
Bowles Rice in addition to its national asbestos practice and multi-state asbestos litigation serves as national Coordinating counsel. In this capacity, the firm develops litigation strategies, manages local and regional counsel, and ensures a consistent and cost-effective defense that is in sync with client objectives. It also plays an important part in the administration and management of asbestos dockets as well in negotiations with plaintiffs' lawyers and leading discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience, defending clients against claims by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate research and technology involved in these cases, as and particular legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has represented a variety of manufacturers as lead counsel in asbestos and personal injury lawsuits related to product liability and in consolidated cases that involve multiple plaintiffs. She has a wealth of experience litigating asbestos-related lawsuits before the federal and state courts, as well as various appellate and Supreme Court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about claimants, such as medical reports, a history of work and the list of asbestos-related products that plaintiffs worked with or around. Vogel had 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 acknowledged nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm works closely with the lawyers of plaintiffs in the development and execution of settlement agreements. Additionally, it has extensive experience defending companies against appeals.