20 Things You Must Be Educated About 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 compensation can protect those who's financial security was affected by exposure to the toxic mineral. Compensation can cover medical costs, funeral and burial costs, loss of quality of life, and suffering and pain.
Our attorneys serve as local, regional and national counsel in massive toxic tort litigation. As a result, we are familiarized with the unique issues and complex scientific aspects that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can lead to various serious medical conditions, including mesothelioma. A New York asbestos lawyer is adept at dealing with asbestos lawsuits, which seek financial compensation for the victims and their families for exposure to this harmful substance. These cases can be complicated and it is crucial to have a mesothelioma expert lawyer on 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 lawsuits filed against asbestos producers in the past than ever before. These cases are a result of the realization that asbestos is linked to illnesses like mesothelioma and lung cancer. These companies knew of the dangers of the dangerous mineral, but they didn't inform their employees and customers.
New York City is especially susceptible to illnesses caused by Asbestos claim due to its old structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the surrounding community.
Many workers were exposed asbestos at work. However, many people are diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This includes spouses of asbestos claim-exposed workers who wore their husband's work clothes and came into contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is particularly the case if they were wrongly named as defendants. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number could rise further. Specialized asbestos law firms typically advertise on daytime TV and encourage victims to file claims with the promise that they will receive substantial settlements.
The defendants may be able reduce the cost of these cases by arguing their policy periods are overdue or that they are only responsible only a small percentage of the value of the claim. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure occurs partly in and out of the policy period of the insurer.
Asbestos-Related Diseases
A wide range of asbestos-related illnesses can be triggered because of exposure to the mineral that causes cancer. The most severe condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and 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 chest cavity, ribcage and abdominal cavity (the pleura). Inhaling asbestos fibers can cause scarring in the lungs, known as asbestosis. It can also lead to thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They also cause discomfort and breathing difficulties however they do not lead to cancer or mesothelioma.
Often, symptoms of asbestos-related diseases do not show up until decades after the initial exposure. It can take as long as 50 years for asbestos fibers that are inhaled to cause lung damage. People at risk of developing mesothelioma and other asbestos-related ailments include those who handled, laundered and removed asbestos-containing materials from the workplace and their spouses and children of asbestos-related exposure.
In addition to mesothelioma other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma ovarian. The most deadly mesothelioma type is ovarian cancer, however it is less frequent than the general mesothelioma. It is diagnosed later than most other types of mesothelioma because it is found within the linings of reproductive organs. The symptoms can be similar to other illnesses.
A number of companies used asbestos in the 20th century, but they were aware that it was a risk. When they failed to remove it from their products, thousands of people were exposed. These people now are able to seek financial compensation. A lot of asbestos-related manufacturers have declared bankruptcy. In the aftermath, victims can seek the money they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the safety of their employees as well as consumers, manufacturing hazardous products without warning of the dangers. They are now paying the price for their negligence. People who's lives have been affected by mesothelioma and lung cancer and other asbestos-related illnesses are seeking full and fair compensation.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and seek the highest amount of compensation for their clients.
Many states have created special asbestos courts, where claims can be filed more efficiently. Additionally judges have developed specific procedures for evaluating and resolving asbestos cases.
New York is one such state that has its own asbestos compensation court known as NYCAL. The caseload in this specialty court has grown steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos defendants who have gone bankrupt. To ensure that the justice system is not overloaded and overwhelmed, the New York Supreme Court has ordered the creation of an additional judicial panel that will oversee NYCAL.
A panel of six Supreme Court Judges will review each case to determine whether it should be accepted or not. Judges will also consider the merits of each case to determine the amount a plaintiff should be awarded.
Currently, the panel is reviewing more than 3,500 lawsuits. The panel is expected to announce its final decision by the end this year.
New York asbestos lawsuits can be complex and can involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult cases. They are familiar with 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 has also extensive 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 and coordination judges and litigation special masters in the various jurisdictions where they were involved in asbestos litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best way to defend a client against an asbestos personal injury claim. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors and premises owners on matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm collaborates with clients in the development of internal programs to deal with potential liability and safety concerns.
In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice devises litigation strategies and manages regional and local counsel to ensure a consistent and cost-effective defense that is in line with the client's goals. In addition it plays an important role in the administration of asbestos dockets as well as negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm's lawyers have extensive trial and appellate experience defending clients against claims made by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are acquainted with the intricate science involved with these cases, and the unique legal issues that arise when defending companies in state and federal courts across the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits as well as in consolidated cases involving multiple claimants. She has extensive experience in litigating asbestos-related cases in state and federal courts and before various appellate and supreme court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information on the plaintiffs, such as medical reports, work histories, and a list of asbestos products that the plaintiff worked with or around. Vogel had to have a password in order to access the files. She could then go through any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in appellate and trial work, is nationally recognized 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. It also has extensive experience defending businesses against appeals.