An Easy-To-Follow Guide To Asbestos Defense Attorney
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer for asbestos defense can help protect those whose financial security has been affected by exposure to the harmful mineral. Compensation can cover medical expenses, funeral and burial costs, lost quality of life, as well as suffering and pain.
Our attorneys are involved in the mass litigation of toxic torts on a regional, national and local scale. As our lawyers are well-versed with the particular issues and complex science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can cause a variety of severe medical conditions, including mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek financial compensation for victims and their families for exposure to this toxic substance. These cases can be a bit complicated, so it's important to have a mesothelioma lawyer on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous material. In recent years there have been more lawsuits filed against asbestos producers in the past than ever before. These cases result from the recognition of a link between asbestos and diseases such as mesothelioma attorney, lung cancer and asbestosis. These companies knew of the dangers associated with the hazardous mineral, but didn't warn their employees and clients.
The New York City area is particularly prone to asbestos-related diseases because of its older structures and a myriad of construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the community around it.
Mesothelioma can be caused by exposure to asbestos in direct contact and a lot of workers were exposed to asbestos at work. Exposure to asbestos from the outside can lead to mesothelioma. This is especially true for spouses who wear husband's clothes at work and come in contact with asbestos dust frequently.
Mesothelioma-related litigation can be expensive for defendants. This is especially 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 rise further. This niche litigation is often fueled by specialized asbestos law firms, which advertise on daytime television and encourage victims to file claims with the promise of large settlements.
The defendants could be able to reduce some of the costs of these cases by arguing 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 established a clear rule on how to divide liabilities when the alleged exposure is within and outside the policy period of the insurer.
Asbestos-related illnesses
A myriad of asbestos-related illnesses can be triggered due to exposure to the harmful mineral. The most serious of these is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that accumulate in the lungs and irritate the lining of the ribcage, chest cavity and abdominal cavity (the pleura). The inhalation of these tiny fibers can cause scarring of the lungs called asbestosis, and, sometimes, the development of thickened patches on the pleura referred to as plaques of pleura or a more widespread fibrosis of the pleura called diffused pleural fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They also cause breathing problems and pain however they do not lead to cancer or mesothelioma.
Symptoms of asbestos-related disease often are not evident until years after the initial exposure. It can take as long as 50 years for asbestos fibers inhaled to cause lung damage. People at risk of developing mesothelioma lawyers or other asbestos-related diseases include those who handled, washed and removed asbestos-containing products from the workplace and spouses and children of asbestos-related exposure.
Other asbestos-related diseases, apart from mesothelioma, include laryngeal carcinoma and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most dangerous form of mesothelioma lawsuits is called ovarian cancer, but it's much less common than the general mesothelioma attorneys. It is diagnosed later than most other types of mesothelioma, because it occurs in the linings of the reproductive organs. Symptoms can be similar to those of other illnesses.
A number of companies used asbestos in the 20th century. They knew it was a risk. They exposed thousands of people to asbestos because they didn't remove asbestos from their products. The affected people are now able to sue for financial compensation. Many asbestos-related companies have declared bankruptcy. The victims are now able to claim compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits over the safety of their workers and consumers for decades creating dangerous products without warning about the risks. They are now facing the consequences of their negligence. People who have suffered from asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete compensation.
Belluck & Fox is dedicated to helping families and individuals get 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 lawyers work to hold accountable large corporations accountable and seek the highest amount of compensation for our clients.
A number of states have set up asbestos courts with specialization, where claims can be filed more efficiently. Additionally judges have developed specialized procedures to evaluate and resolve asbestos cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants that have declared bankruptcy, the caseload of the court has steadily increased. To ensure that the justice system does not get overwhelmed, the New York Supreme Court has established an additional judicial panel that will supervise NYCAL.
A panel composed of six Supreme Court Judges will review each case to determine if it should be accepted or rejected. Judges will also evaluate the merits of each claim to determine the amount of amount of money each plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected make a final decision by the end of this year.
New York asbestos lawsuits are often complex and include allegations of multiple defendants. Belluck and Fox's lawyers have vast experience in the litigation of these difficult matters. They are well-versed in New York's asbestos courts as well as their rules regulations, policies and guidelines in addition to other jurisdictions in which they have handled multi-district 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 oversee local and regional counsel, and ensure cost-effective, consistent defenses for every client. They have collaborated closely with trial and coordination judges and special masters of litigation in various jurisdictions in which 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-related personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and premises owners in cases involving claims for mesothelioma, lung cancer and other asbestos-related illnesses. The firm collaborates with clients in the development of internal programs to identify and resolve potential liability and safety concerns.
In addition to its asbestos practice in the national level, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role the firm designs strategies for litigation, oversees regional and local counsel, and ensures a consistent and cost-effective defense, in line with the client's goals. In addition it plays a crucial role in the management of asbestos dockets, negotiations with plaintiffs' counsel and leads discovery for its clients.
The firm's lawyers have extensive trial and appellate experience in defending clients from claims brought by injured claimants, such as those claiming mesothelioma lawyers 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 before federal and state courts across the United States.
Catherine has defended numerous manufacturers in asbestos and product liability personal injury cases, representing them as lead trial counsel and in consolidated trials involving multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits in the state and federal courts, as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents of the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short encapsulated Evaluative reports) which contained confidential information about claimants. This included medical reports and work histories, as well as a list asbestos products that plaintiffs worked with or near. Vogel was required to have access to these files, and she could also look over the SEAR forms of any case with her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in trial and appellate work, is nationally recognized for its ability to successfully negotiate settlements for clients. In this capacity, the firm collaborates closely with the lawyers of plaintiffs in the development and execution of settlement agreements, and it has extensive experience defending companies against appeals.