20 Things You Need To Know 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 attorney can protect the financial security of those affected by exposure to this harmful mineral. Compensation can cover medical expenses funeral and burial costs, lost quality of life, as well as pain and suffering.
Our lawyers serve as local, regional and national counsel in mass toxic tort litigation. As such, we are familiar with the unique issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can trigger various serious medical conditions, such as mesothelioma. A New York asbestos attorney is adept at dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be complicated and therefore it is essential to have a reputable mesothelioma lawyer on your side.
New York has had a long history with asbestos litigation. Many residents were exposed to this hazardous substance. In recent years there have been more lawsuits against former asbestos producers than ever before. These cases are the result of the recognition that asbestos is associated with diseases such as mesothelioma and lung cancer. The companies were aware of asbestos's dangers however, they failed to inform their employees and customers.
New York City is especially vulnerable to illnesses caused by asbestos because of its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community surrounding it.
Many workers were exposed to asbestos in their work environments. However, many people are diagnosed with mesothelioma following secondhand exposure to the harmful substances. This is especially true for spouses who wear husband's clothes to work and come into contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants, particularly if they are wrongfully 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 kind of litigation is usually driven by asbestos law firms, which advertise on daytime television and encourage victims to file claims with the promise of huge settlements.
The defendants may be able reduce some of the costs of these cases by arguing that their policies are in a lapse or that they are only responsible for only a small percentage of the amount claimed. New York law does not have a specific rule for how to allocate responsibility when the alleged exposure is part of the insurer's policies.
Asbestos-related illnesses
A myriad of asbestos-related diseases can develop because of exposure to the harmful mineral. The most serious of these is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include lung cancer and asbestosis. 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 cause irritation to the lining of the chest cavity, ribcage and abdominal cavity (the pleura). Inhaling these tiny fibers can cause scarring to the lungs, a condition known as asbestosis and, sometimes, the formation of thickened patches on the pleura referred to as plaques of pleura or an enlargement of fibrosis in the pleura known as diffused fibrosis. Pleural plaques or diffuse fibrosis can decrease lung capacity, as determined by a breathing test. They can also cause pain and difficulty in breathing, but they are not the cause of cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases don't appear 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 who are at risk of developing mesothelioma lawsuits or any other asbestos-related diseases include those who handled, laundered and removed asbestos-containing products from their workplaces, as well as spouses and children of those exposed to asbestos.
Other asbestos-related diseases, in addition to mesothelioma, include laryngeal carcinoma and lung cancer and peritoneal, ovarian and peritoneal cancer. The most dangerous form of mesothelioma lawsuits is ovarian cancer, but it's less prevalent than mesothelioma in general. It is diagnosed later than other types of mesothelioma because it develops within the linings of 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 hazardous. When they failed to remove asbestos 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. The victims are now able to claim compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits before the safety of their workers and consumers for decades, producing hazardous products without warning of the dangers. These companies are now paying the price for their carelessness. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full settlement.
Belluck & Fox is dedicated to helping families and individuals get 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 (just click the next article) work to hold corporations accountable and to secure the maximum amount of compensation for our clients.
A number of states have established special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also developed specific procedures to assess and resolve such cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of them. The caseload in this specialty court has increased steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent former asbestos defendants who have become bankrupt. The New York Supreme Court created a special judicial board to supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case in NYCAL to determine whether or not to take it up with it. Judges will also assess the merits of each claim to decide how much money a plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected issue its final ruling by the end of this year.
New York asbestos lawsuits are typically complex and often involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex matters. They are familiar with the asbestos courts in New York as well as their rules regulations, policies and guidelines and other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, lawyers develop strategies, oversee local and regional counsel, and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely with trial judges, coordinating judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best way to defend a client from an asbestos-related personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, contractors, distributors, and property owners on issues involving mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm collaborates with clients to develop internal programs to address potential safety and liability issues.
In addition to its national asbestos practice, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice devises strategies for litigation and supervises regional and local counsel to ensure a consistent and cost-effective defense that is in line with the client's needs. It also plays a significant role in the administration and management of asbestos dockets, as well as negotiations with plaintiffs' lawyers and in coordinating discovery for its client.
The attorneys of the firm have a wealth of trial and appellate experience defending clients from claims brought by injured claimants, which includes those who are claiming mesothelioma lawyer or any other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, and the particular legal issues that arise when representing companies in federal and state courts across the United States.
Catherine has represented numerous manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits as well as in cases that have been consolidated involving multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits in federal and state courts, as well as a variety of Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents in 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 was required to use access to these files, and she could also go through the SEAR forms of any case she had with her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is nationally recognized for its ability to negotiate settlements for its clients. In this capacity, the firm collaborates closely with lawyers representing plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience in defending businesses against appeals.