What Freud Can Teach Us 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, loss of quality of life, as well as pain and suffering.
Our lawyers are local, regional, and national counsel in large 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 is a deadly fiber that can trigger a variety of severe medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be complex and therefore it is essential to have a mesothelioma attorney on 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 lawsuits against former asbestos producers than ever before. These cases are a result of 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 their employees and customers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its old structures and a myriad of construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to impact the surrounding community.
Mesothelioma is triggered by direct exposure to asbestos and many workers were exposed to asbestos in the workplace. Secondhand exposure can also cause mesothelioma. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came in contact with asbestos dust regularly.
The mesothelioma litigation is costly for defendants, particularly when they are mistakenly identified as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This niche litigation is often driven by asbestos law firms that promote on daytime television and encourage victims to file claims with the promise of substantial settlements.
The defendants may be able reduce the cost of these cases by arguing that their policy periods are expired or that they only have to pay only for a small proportion of the claim value. New York law does not provide a definitive rule on how to allocate liability when the alleged exposure is part of the insurer's policies.
Asbestos-related Illnesses
Exposure to asbestos can cause various diseases. The condition known as mesothelioma is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques and pleural effusion.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos fibers that accumulate in the lungs and cause irritation to the lining of the chest cavity, ribcage and abdominal cavity (the pleura). Inhaling these fibers can lead to scarring in the lungs. This is known as asbestosis. It can also cause thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They can also cause pain and difficulty in breathing, however they do not lead cancer or mesothelioma.
The signs of asbestos-related illness typically are not evident until years after the initial exposure. It could take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. People at risk of developing mesothelioma and other asbestos-related diseases include those who handled, cleaned, and removed these materials from the workplace and spouses and children of those exposed to asbestos.
Other asbestos-related diseases, in addition to mesothelioma include laryngeal carcinoma and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most deadly mesothelioma type is ovarian cancer, but it's much less prevalent than mesothelioma in general. It is diagnosed later than most other types of mesothelioma, because it occurs in the linings of reproductive organs. The symptoms can be similar to those of other illnesses.
A number of companies used asbestos in the 20th century. They were aware that it was hazardous. They exposed thousands of people to asbestos when they didn't eliminate it from their products. Now, those exposed have the right to sue for financial compensation. Many asbestos-related companies have declared bankruptcy. The victims can now seek compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits before the safety of their workers and customers for a long time, producing hazardous products without warning of the dangers. These companies are now paying the price for their negligence. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete compensation.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and to obtain the highest amount of compensation for our clients.
A number of states have set up special asbestos courts, where claims can be filed more efficiently. Judges have also established special procedures to review and resolve asbestos-related cases.
New York is one such state, with its own asbestos court, known as NYCAL. The number of cases in this court has been increasing steadily as more and more asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. In order to ensure that the justice system is not overloaded, the New York Supreme Court has ordered the creation of an additional judicial panel that will oversee NYCAL.
A panel of six Supreme Court Judges will review each case to determine if it is accepted or not. Judges will also evaluate the merits of each claim to decide how much money a plaintiff should receive.
The panel is currently studying more than 3,500 lawsuits. The panel is expected issue its final decision by the end of this year.
New York asbestos lawsuits can be complicated and can involve several defendants. Belluck and Fox's lawyers have vast experience in the litigation of these difficult cases. They are well-versed in 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 also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this capacity, attorneys develop strategies, coordinate and oversee regional and local counsel and ensure cost-effective and consistent defenses for every client. They have been in close contact with trial judges, coordination judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is best to defend the client from an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and premises owners in matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm also assists clients to create internal programs for identifying and addressing potential safety and liability issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice formulates litigation strategies and oversees regional and local counsel to achieve a consistent and cost-effective defense that is in line with the client's needs. In addition it plays an important role in the management of asbestos dockets as well as negotiations with plaintiffs' counsel and lead discovery for its clients.
The firm's attorneys have a wealth of trial and appellate experience defending clients against claims made by injured claimants, including those who claim mesothelioma and other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved in these cases, as and unique legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has represented numerous manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits as well as in consolidated cases that involve multiple plaintiffs. She has substantial experience litigating asbestos-related cases in the federal and state courts and before various supreme and appellate court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents of the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports Encapsulated) that contained confidential data about the claimants. These included medical reports as well as work histories and an inventory of asbestos-related products that plaintiffs worked with or near. Vogel was required to have an account password to access the files and was able to go through the SEAR forms of any case at her current employer.
In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is well-known throughout the country for its ability to negotiate settlements on behalf of its clients. In this capacity, the company works closely with the lawyers of plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience in defending businesses against appeals.