Are You Making The Most From Your 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 protect those who's financial security has been affected by exposure to the harmful mineral. Compensation may cover medical costs funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local level. As a result, we are familiarized with the unique issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can lead to numerous serious medical conditions, such as mesothelioma. A New York asbestos attorney is skilled in dealing with lawsuits that seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be a bit complicated and therefore it is essential to have a mesothelioma attorney to assist you.
New York has had a long history of asbestos litigation and many residents were exposed to this dangerous material. In recent years there have been more lawsuits against former asbestos producers than ever before. These cases stem from the recognition of a link between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. These companies were aware asbestos's dangers, but failed to warn their employees and customers.
The New York City area is particularly prone to asbestos-related diseases due to its old structures and a myriad of construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues impact the surrounding community.
Mesothelioma can be caused by exposure to asbestos in direct contact and a lot of workers were exposed to asbestos at work. In addition, exposure to asbestos through secondhand sources can cause mesothelioma. This includes spouses of asbestos-exposed workers who had their husbands' work clothes and came in contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is especially true if they have 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 grow. This niche litigation is often supported by asbestos law firms that advertise on television during the day and encourage victims to file claims with the promise of large settlements.
The defendants may be able reduce some of the costs arising from these cases by asserting that their policy periods have expired or they are only accountable for a small percentage of the total amount of the claim. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure is in and out of the insurance company's policy.
Asbestos-Related Diseases
Exposure to asbestos can trigger various illnesses. The mesothelioma condition is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and pleural effusion.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that accumulate in the lungs, and can 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, called asbestosis. It can also result in thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They can also cause discomfort and breathing difficulties but they don't cause mesothelioma or cancer.
The symptoms of asbestos-related diseases typically are not evident until years after exposure. This is because it can take between 20 to 50 years for the exposure to asbestos fibers to cause lung damage. The people at risk of developing mesothelioma attorney or any other asbestos-related ailments include those who handled, cleaned and removed asbestos-containing products from the workplace, as well as spouses and children of asbestos-related exposure.
Other asbestos-related diseases in addition to mesothelioma, include laryngeal cancer and lung cancer as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is among the most deadly mesothelioma that women suffer from, but it is less prevalent than mesothelioma in general. It is diagnosed later than other types of mesothelioma because it is found in the linings of the reproductive organs. The symptoms may 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 because they didn't remove asbestos from their products. These people now have the right to claim financial compensation. Many asbestos-related companies are insolvent. As a result, the victims can seek the money they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits over the safety of their workers and their customers for decades, producing hazardous products without warning of the dangers. They are now facing the consequences of their negligence. Victims of asbestos-related diseases like mesothelioma lawsuit and lung cancer are seeking fair and full settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. Our attorneys have more than 25 years experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and obtain the maximum amount of compensation for our clients.
A number of states have set up asbestos courts with specialization, where claims can be filed more efficiently. In addition judges have developed specific procedures for evaluating and resolving such 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 gone bankrupt, the caseload of this special court has steadily increased. The New York Supreme Court created a special judicial board to supervise NYCAL to stop the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case filed in NYCAL to decide whether or not to take it up with it. Judges will also evaluate the merits of every claim to determine how much amount of money each plaintiff should receive.
The panel is currently studying more than 3,500 lawsuits. The panel is expected issue its final ruling by the end of this year.
New York asbestos lawsuits can be complicated and involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated 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 where they have handled multidistrict litigation.
The firm also has vast experience in serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity, lawyers create strategies, coordinate and manage regional and local counsel, and ensure cost-effective, consistent defenses for every client. They have worked closely in the past with trial judges, coordinating judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is most effective to defend the client in a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors, and property owners in matters involving claims of mesothelioma and lung cancer and other asbestos-related diseases. The firm also assists clients to create internal programs for identifying and addressing any risks to safety and liability.
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 role, the firm develops strategies for litigation, oversees local and regional counsel, and provides a cost-effective and consistent defense in coordination with client goals. In addition it plays a crucial role in the management of asbestos dockets as well as negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's attorneys are experienced in defending clients against mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the intricate science involved with these cases, as well as the unique legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented numerous companies in asbestos and products liability personal injury cases, acting as the lead trial counsel in consolidated trials involving multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits before federal and state courts, as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential data about the plaintiffs. The files contained medical reports as well as work histories and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to use an account password to access these files, and she could also review the SEAR forms of any case she had with her current employer.
In addition to its extensive trial and appellate experience 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. The firm has worked closely with plaintiffs' lawyers to draft and implement settlement agreements. It also has extensive experience defending businesses against appeals.