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
An asbestos defense attorney can protect the financial security of those affected by exposure to this toxic mineral. Compensation could cover medical expenses, funeral and burial costs, loss of quality of life, and pain and suffering.
Our lawyers serve as national, regional and local counsel in large toxic tort litigation. This means that we are well-versed in the unique issues and the complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can trigger serious medical conditions like mesothelioma. A New York asbestos attorney is experienced in handling lawsuits to seek the financial compensation of those affected by asbestos exposure and their families. These cases can be extremely complex and it is crucial to have a mesothelioma expert law firm by your side.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous substance. In recent years, there have been more lawsuits against former asbestos manufacturers than ever before. These cases are a result of the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer and asbestosis. These companies were aware of asbestos' dangers however, they failed to inform the employees and the public.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the surrounding community.
Many workers were exposed to asbestos in their work environments. However, many people are diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came into contact with asbestos dust regularly.
Litigation involving mesothelioma is expensive for defendants. This is especially true if they have been wrongly identified as defendants. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number is expected to increase even more. This type of litigation is typically fueled by specialized asbestos law firms, which advertise on daytime TV and entice victims to file claims with the promise of huge settlements.
The defendants might be able to reduce the cost of these cases by arguing that their policies are in a lapse or that they only have to pay only a small percentage of the 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 policy period of the insurer.
Asbestos-related illnesses
Exposure to asbestos can lead to various illnesses. The most serious of these is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that collect in the lungs, and can cause irritation to the lining of the chest cavity, ribcage, and abdominal cavity (the the pleura). Inhaling asbestos fibers can cause scarring in the lungs. This is known as asbestosis. It can also cause thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques or diffuse fibrosis may reduce lung capacity as measured by a breath test. They can also cause pain and difficulty breathing, though they do not cause mesothelioma or cancer.
The symptoms of asbestos attorney-related diseases typically don't manifest until decades after initial exposure. This is because it can take between 20 to 50 years for the exposure to asbestos fibers to cause lung damage. People who are at risk of developing mesothelioma and other asbestos-related diseases include those who handled, washed and removed asbestos-containing materials from the workplace and 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 among the most deadly form of mesothelioma for women however, it is much less prevalent than mesothelioma in general. It is typically diagnosed later than other types of mesothelioma because it is a cancer that develops in the tissue of the reproductive organs and the symptoms may be similar to symptoms of other diseases.
Many companies employed asbestos compensation in the 20th century, but they knew that it was hazardous. If they didn't remove asbestos from their products, thousands of people were exposed. These people now have the right to seek financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. The victims can now seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their workers and customers for a long time making dangerous products, without warning about the risks. These companies are now paying the price for their inattention to. Patients who have suffered asbestos-related diseases like mesothelioma and lung cancer are seeking fair and full compensation.
The attorneys 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 attorneys work to hold large corporations accountable and obtain maximum compensation for clients.
A number of states have established special asbestos courts where claims can be filed and resolving more efficiently. In addition, judges have established specialized 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. The caseload in this specialty court has increased steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos defendants who have become bankrupt. To ensure that the justice system does not get overwhelmed the New York Supreme Court has established an extra judicial panel to supervise NYCAL.
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 the amount of money each plaintiff should receive.
Currently, the panel is reviewing more than 3,500 lawsuits. The panel is expected to announce its final decision by the end of this year.
New York asbestos law lawsuits are typically complex and often involve multiple defendants. Belluck & Fox's lawyers have extensive experience in litigating these complex cases. They are knowledgeable of the rules, regulations, and policies 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 vast experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, attorneys develop strategies, coordinate and manage regional and local counsel, and ensure consistent and cost-effective defenses for every client. They have worked closely with trial judges, coordination judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best way to defend a client against a claim for personal injury resulting from asbestos. The Bowles Rice asbestos lawsuit Team counsels suppliers, manufacturers, distributors, contractors and owners of premises in matters involving claims of mesothelioma, lung cancer and other asbestos-related diseases. The firm also assists clients to create internal programs to identify and addressing any safety and liability concerns.
Bowles Rice In addition to its asbestos practice in the national level and multi-state asbestos litigation, is also the national Coordinating counsel. In this capacity the firm formulates litigation strategies, supervises regional and local counsel, and provides a cost-effective and consistent defense that is in sync with client goals. In addition, it plays a key role in the management of asbestos dockets as well as negotiations with counsel for plaintiffs and lead discovery for its clients.
The firm's lawyers have a wealth of trial and appellate experience, defending clients against claims made by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are acquainted with the complex scientific issues involved in these cases as in addition to particular legal issues that arise while defending businesses before state and federal courts throughout the United States.
Catherine has represented a variety of manufacturers as the lead counsel in asbestos and personal injury lawsuits involving product liability and in cases that have been consolidated involving multiple plaintiffs. She has substantial experience arguing asbestos-related cases in federal and state courts, as well as before various supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents to the Asbestos Claims 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, a history of work and a list of asbestos products that the plaintiff worked with or around. Vogel was required to use access to these files and could review the SEAR forms of any case at 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 well-known throughout the country for its ability to negotiate settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to create and implement settlement agreements. It also has a wealth of experience in defending businesses from appeals.