10 Things Everybody Hates 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 lawyer can protect the financial security of those who have been affected through exposure to this dangerous mineral. Compensation can cover medical expenses funeral and burial costs, pain and suffering, and loss of quality of life.
Our lawyers serve as national, regional and local counsel in mass toxic tort litigation. As our lawyers are well-versed with the unique issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause severe medical conditions such as mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek financial compensation for the victims and their families due to exposure to this harmful substance. These cases can be extremely complex, and it is critical to have an experienced mesothelioma law firm by your side.
New York has a long history of asbestos litigation and many residents have been exposed to this dangerous material. In recent years, there have been more claims against former asbestos manufacturers than ever before. These cases are the result of the realization that asbestos can cause diseases such as mesothelioma and lung cancer. These companies were aware asbestos' dangers, but failed to warn employees and consumers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the surrounding community.
Mesothelioma is caused by exposure to asbestos directly and many workers were exposed to it at work. In addition, exposure to asbestos through secondhand sources can result in mesothelioma. This includes spouses of asbestos-exposed workers who wore their husband's work clothes and came in contact with asbestos dust regularly.
The mesothelioma lawsuit can be costly for defendants. This is particularly true if they have been incorrectly identified as defendants. According to a study, more than 3,600 lawsuits 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 huge settlements.
The defendants may be able reduce some of the costs associated with these cases by asserting that their policy periods have expired or they are only accountable for a small percentage of the total value of the claim. New York law does not have a specific rule for how to distribute responsibility when the alleged exposure is part of and outside the insurer's policies.
Asbestos-related Illnesses
Exposure to asbestos can lead to a wide range of ailments. The most serious condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos fibers which accumulate in the lungs, and can cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the the pleura). Inhaling asbestos fibers can cause scarring in the lungs, called asbestosis. It can also lead to thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause pain and difficulties in breathing, however they don't cause mesothelioma or cancer.
The majority of the time, signs of asbestos-related illnesses don't show up until decades after the initial exposure. This is because it could take between 20 to 50 years for inhalation of asbestos fibers to damage the lungs. Workers who handled, cleaned and removed asbestos from their workplaces as well as children, spouses, and others exposed to asbestos are at risk for developing mesothelioma.
In addition to mesothelioma other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most fatal form of mesothelioma is ovarian cancer, but it's much less frequent than the general mesothelioma. It is diagnosed later than most other types of mesothelioma because it develops in the linings of the 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 a risk. When they did not remove asbestos from their products thousands of people were exposed. These people now have the right to claim financial compensation. Many asbestos-related companies are insolvent. The victims can now seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit before the safety of their employees and their customers for decades, producing hazardous products without warning about the risks. They are now paying for their carelessness. Victims of asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete settlement.
The lawyers at Belluck & Fox are dedicated to helping families and individuals obtain the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and obtain maximum compensation for clients.
Many states have established special asbestos courts where claims can be filed and resolving more efficiently. Additionally judges have developed special procedures for evaluating and resolving asbestos cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt and have been unable to pay, the workload of this court has been steadily increasing. 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 supervise NYCAL.
A panel comprised of six Supreme Court judges will review each case in NYCAL to determine whether or not to accept it. Judges will also assess the merits of each claim to decide how much money a plaintiff should receive.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected issue its final decision by the end of the year.
New York asbestos lawsuits are often complex and involve allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated issues. 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 has also extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity lawyers formulate strategies, manage local and regional counsel, and ensure consistent and efficient defenses for clients. 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 most effective to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises suppliers, manufacturers, contractors, distributors and property owners on issues concerning mesothelioma-related claims, lung cancer and other asbestos-related diseases. The firm collaborates with clients to develop internal programs to identify and address potential safety and liability issues.
Bowles Rice in addition to its asbestos practice across the country and multi-state asbestos litigation serves as national Coordinating counsel. In this capacity, the firm develops strategies for litigation, oversees regional and local counsel, and provides a cost-effective and consistent defense that is in sync with client goals. In addition it plays a crucial role in the management of asbestos dockets, negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's lawyers have extensive trial and appellate experience in defending clients against claims made by injured claimants, such as those who claim mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are acquainted with the intricate science involved in these cases, as and specific legal issues that arise when representing companies in federal and state courts across the United States.
Catherine has represented a variety of manufacturers in asbestos and product liability personal injury cases, defending them as the lead counsel in consolidated trials involving a variety of claimants. She has a wealth of experience litigating asbestos-related cases in federal and state courts as well as before various supreme and appellate courts.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The cases files included SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential data about the claimants. This included medical reports and work histories, as well as an inventory of asbestos-related products that plaintiffs worked with or near. Vogel was required to have access to the files and was able to look over the SEAR forms of any case at 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. In this capacity, the firm works closely with lawyers representing plaintiffs in the creation and implementation of settlement agreements, and it has a vast experience in defending companies against appeals.