15 Reasons You Shouldn t Ignore 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 assist in ensuring the financial security of those who have been affected by exposure to this toxic mineral. Compensation may cover medical costs funeral and burial expenses, pain and suffering, and lost quality of life.
Our attorneys are involved in the mass litigation of toxic torts on a national, regional and local scale. As such, we are familiar with the particular issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
asbestos lawsuit fibers are dangerous and can cause severe medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in dealing with lawsuits that seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complicated and it's crucial to have a mesothelioma lawyer to assist you.
New York has a long history of asbestos settlement litigation, and many residents have been exposed to this hazardous material. In recent years there have been more lawsuits against former asbestos producers than ever before. These cases result from the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies were aware of the dangers of the hazardous mineral, but failed to warn their employees and consumers.
New York City is especially susceptible to illnesses caused by asbestos due to its old structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the community around it.
Mesothelioma is caused by exposure to asbestos in direct contact and many workers were exposed to asbestos in the workplace. Exposure to asbestos from the outside can result in mesothelioma. This includes spouses of asbestos-exposure workers who wore their husband's work clothes and came into contact with asbestos dust regularly.
The mesothelioma lawsuit can be costly for defendants. This is especially relevant if they've been wrongly named as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This type of litigation is typically fueled by specialized asbestos law firms that advertise on television during the day and encourage victims to file claims with the promise of huge settlements.
The defendants might be able to reduce the cost of these cases by arguing their policy periods are expired or that they only have to pay a small portion of the amount claimed. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure occurs within and outside the insurer's policy periods.
Asbestos-related diseases
Exposure to asbestos can trigger many different illnesses. The most serious condition is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses 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 Pleura). The inhalation of these tiny fibers can cause scarring of the lungs known as asbestosis and sometimes the development of thickened patches on the pleura called pleural plaques or the more widespread fibrosis of the pleura called diffused pleural fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They also cause breathing problems and pain however they do not cause mesothelioma or cancer.
The signs of asbestos-related illness typically do not manifest until decades after the initial exposure. This is due to the fact that it can take between 20 to 50 years for the inhalation of asbestos fibers to cause lung damage. Workers who handled, cleaned, and removed asbestos from their workplaces as well as children, spouses and others who were 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 fatal form of mesothelioma is ovarian cancer, but it's less frequent than the general mesothelioma. It is diagnosed later than most other mesothelioma types, because it develops within the linings of reproductive organs. Symptoms can be similar to other diseases.
Several companies used asbestos during the 20th century. They were aware that it was hazardous. When they did not remove asbestos from their products, thousands of people were exposed. They can now sue for financial compensation. Many asbestos-related companies are insolvent. In the aftermath, victims can 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 put profits ahead of the security of their employees and consumers by producing dangerous products, without warning of the risks. They are now paying the price for their inattention to. People who have suffered from life-altering issues caused by mesothelioma, cancer of the lung and other asbestos-related diseases are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. Our attorneys have more than 25 years of experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have created asbestos courts that are specifically designed so that claims can be filed more efficiently. Judges have also developed specialized procedures to evaluate and resolve asbestos-related cases.
New York is one such state, with its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants who have been bankrupt, the caseload of this court has been steadily increasing. In order to ensure that the justice system isn't overloaded and overwhelmed, the New York Supreme Court has established an additional judicial panel that will oversee NYCAL.
A panel 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 every claim to determine the amount of money each plaintiff should receive.
At present, the panel is studying more than 3,500 lawsuits. The panel is expected to announce its final decision by the end of the year.
New York asbestos lawsuits can be complicated and can involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex issues. 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 in which they have handled multidistrict litigation.
The firm also has extensive experience in serving as National Coordinating Counsel in asbestos litigation, representing clients across the country in complex, multi-district litigation. In this role, attorneys develop strategies, coordinate and oversee regional and local counsel, and ensure cost-effective and consistent defenses for each client. They have collaborated closely with coordinating and trial judges and special masters of litigation in various jurisdictions where 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 advises manufacturers, suppliers and contractors, distributors and premises owners on matters concerning mesothelioma-related claims, lung cancer and other asbestos-related diseases. The firm also assists clients to create internal programs to identify and addressing any risks to safety and liability.
In addition to its national asbestos practice, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation (hyperlink). In this role the firm designs litigation strategies, manages local and regional counsel, and provides a cost-effective and consistent defense in coordination with client goals. It also plays a significant part in the administration and management of asbestos dockets as well in negotiations with plaintiffs' attorneys and leading discovery for its clients.
The firm's lawyers have experience in defending clients from mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the complex science that is associated with these cases, and the unique legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented a variety of manufacturers as lead counsel in asbestos and personal injury lawsuits involving product liability, and in cases that have been consolidated involving multiple claimants. She has extensive experience in litigating asbestos-related cases in federal and state courts, as well as before various appellate and supreme court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about the plaintiffs, including medical reports, work histories and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel was required to use a password to access the files and was able to look over the SEAR forms of any case she had with her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is widely acclaimed for its ability to successfully reach settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to create and implement settlement agreements. The firm also has extensive experience in defending businesses against appeals.