Five Things Everyone Makes Up Concerning 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 harmed by exposure to this toxic mineral. Compensation can cover medical expenses funeral and burial expenses as well as pain and suffering and lost quality of life.
Our lawyers are national, regional and local counsel in large toxic tort litigation. We are knowledgeable about the specific issues and complex scientific aspects that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can cause numerous serious medical conditions, including mesothelioma. A New York asbestos attorney is experienced in handling lawsuits seeking financial compensation for those who have suffered from asbestos exposure and their families. These cases can be extremely complex and therefore it is essential to have an experienced mesothelioma lawyer 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 asbestos producers in the past than ever before. These cases result from the recognition of a connection between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies knew of the dangers of the asbestos-containing mineral, yet they did not inform their employees and customers.
The New York City area is particularly prone to asbestos-related diseases due to its old structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the community around it.
Mesothelioma is triggered by exposure to asbestos directly and a lot of workers were exposed to asbestos in the workplace. However, people also get diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came in contact with asbestos dust regularly.
The litigation associated with mesothelioma is costly for defendants, particularly when they are mistakenly identified as defendants. According to a study, more than 3,600 claims have been filed in New York courts since 2014 and the number could increase even more. This niche litigation is often supported by asbestos law firms, which advertise on daytime TV and entice victims to file claims with the promise of substantial settlements.
Defendants might be able to mitigate some of the costs associated with these cases by argument that their policy terms expire or they are only accountable for a small percentage of the total claim value. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure occurs outside of the insurance company's policy.
Asbestos-Related Diseases
Exposure to asbestos compensation can trigger various illnesses. The condition known as mesothelioma is the most serious. Many people have died due to mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers that accumulate in the lungs, and can cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the pleura). The inhalation of these small fibers can cause scarring of the lungs known as asbestosis and sometimes the development of thickened patches on the pleura referred to as pleural plaques or the more widespread fibrosis of the pleura known as diffused the fibrosis. Pleural plaques or diffuse fibrosis could reduce lung capacity as determined by a breathing test. They can also cause discomfort and breathing difficulties however they do not lead to cancer or mesothelioma.
Often, symptoms of asbestos-related illnesses don't show up until decades after the initial exposure. It could take up to 50 years for asbestos fibers inhaled to cause lung damage. The people at risk of developing mesothelioma or other asbestos-related diseases include those who handled, laundered and removed asbestos-containing products from the workplace and their spouses and children of those who were exposed to asbestos.
In addition to mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and ovarian mesothelioma. Ovarian cancer is the most fatal form of mesothelioma for women however, it is much less common than mesothelioma in general. It is usually diagnosed later than other types of mesothelioma because it is a cancer that develops in the lining of the reproductive organs and symptoms can be similar to symptoms of other diseases.
Many companies used asbestos in the 20th century, however they were aware that it was dangerous. When they failed to remove asbestos from their products, thousands of people were exposed. They can now seek financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to claim compensation from trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the safety of their employees and consumers, manufacturing hazardous products without warning of the dangers. These companies are now confronting the consequences of their negligence. People who have suffered from life-altering issues caused by mesothelioma and lung cancer, and other asbestos-related illnesses are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to helping families and individuals obtain 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 large corporations responsible accountable and seek the highest amount of compensation for our clients.
Many states have established asbestos courts that are specifically designed so that claims can be filed more efficiently. In addition judges have developed special procedures for evaluating and resolving asbestos lawsuit cases.
New York is one such state that has its own asbestos court known as NYCAL. The caseload in this specialty court has increased steadily, as increasing numbers of asbestos victims seek compensation from solvent asbestos defendants who went bankrupt. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also assess the merits of each claim to determine how much the plaintiff's compensation should be.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits are often complex and involve multiple defendants. Belluck & Fox's lawyers have extensive experience in the litigation of these difficult cases. They are knowledgeable of the rules regulations, policies, and procedures of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this role, attorneys develop strategies, coordinate and oversee local and regional counsel, and ensure cost-effective, consistent defenses for each client. They have worked 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 decide which strategy is the best way to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and premises owners in cases involving claims for mesothelioma, lung cancer and other asbestos-related diseases. The firm collaborates with clients in the development of internal programs to identify and resolve potential liability and safety 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 capacity 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 goals. Additionally it plays a crucial role in the administration of asbestos dockets and negotiations with plaintiffs' counsel and leads discovery for its clients.
The firm's lawyers have a wealth of trial and appellate experience, defending clients against claims made by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science that is associated with these cases, and the particular legal issues that arise when representing companies in federal and state courts across the United States.
Catherine has represented a variety of manufacturers as lead trial counsel in asbestos and product liability personal injury lawsuits as well as in consolidated cases involving multiple plaintiffs. She has a wealth of experience arguing asbestos-related lawsuits before 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 of respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Evaluative reports that are encapsulated), which contained confidential information about the plaintiffs. These included medical reports, work histories, and a list asbestos claim products that plaintiffs worked with or near. Vogel was required to have a password to access these files and could look over the SEAR forms of any case she had with her current employer.
In addition to its extensive trial and appellate experience as well as its vast 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 in defending businesses from appeals.