20 Resources To Make You Better At 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 who's financial security was affected by exposure to the toxic mineral. Compensation can cover medical expenses funeral and burial costs, lost quality of life, as well as pain and suffering.
Our lawyers are involved in the mass litigation of toxic torts at a national, regional and local scale. As such, we are familiar with the unique issues and complex science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can trigger serious medical conditions such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek financial compensation for the victims and their families who have been exposed to this toxic substance. These cases can be complex, and it is critical to have a reputable mesothelioma law firm on your side.
New York has had a long-running history of asbestos litigation and many residents were exposed to this dangerous material. In recent years, there have been more claims against former asbestos manufacturers than ever before. These cases are a result of the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer and asbestosis. These companies knew of the dangers associated with the hazardous mineral, but didn't warn their employees and consumers.
The New York City area is particularly susceptible to asbestos-related illnesses because of its older structures and a myriad of construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the surrounding community.
Many workers were exposed asbestos at work. However, many people are diagnosed with mesothelioma following an exposure secondarily to the harmful substances. This is especially true for spouses who wear husband's clothing at work and come in contact with asbestos dust regularly.
The litigation associated with mesothelioma can be expensive for defendants, particularly when they are incorrectly named as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. Specialized asbestos law firms often advertise on TV during the day and encourage victims to submit claims with the promise that they will receive substantial settlements.
Defendants might be able to reduce some of the costs associated with these cases by arguing that their policy periods have expired or they're only responsible for a small percentage of the total value of the claim. New York law does not have a clear rule on how to divide responsibility when the alleged risk is of the insurance policies.
Asbestos-related Diseases
Exposure to asbestos can cause a wide range of diseases. The most serious of these is mesothelioma. Many people have died from mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and pleural effusion.
Mesothelioma is a rare, but fatal illness that is 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). The inhalation of these small fibers can result in scarring of the lungs called asbestosis, and, sometimes, the formation of thickened patches on the pleura referred to as plaques on the pleura, or a more widespread fibrosis of the pleura called diffused pleural fibrisis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They can also cause pain and difficulty in breathing, however they are not the cause of mesothelioma or cancer.
Symptoms of asbestos-related disease often don't manifest until decades after the initial exposure. This is due to the fact that it can 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 and their spouses, children and other people who are exposed to asbestos are at risk of developing mesothelioma.
In addition to mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and ovarian mesothelioma. The most fatal form of mesothelioma is called ovarian cancer, but it's less frequent than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it is found in the linings of reproductive organs. The symptoms can be similar to other diseases.
Several companies used asbestos during the 20th century. They were aware that it was dangerous. They exposed thousands of people to asbestos because they failed to remove asbestos from their products. The affected people are now able to sue for financial compensation. A lot of asbestos-related manufacturers have filed for bankruptcy. As a result, the 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-related companies have put profits ahead of the security of their employees and consumers, producing dangerous products, without warning of the dangers. They are now paying for their carelessness. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full settlement.
The lawyers at Belluck & Fox are dedicated to helping families and individuals receive the justice they need. Our lawyers have more than 25 years of experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and seek the highest amount of compensation for our clients.
A number of states have established special asbestos courts where claims can be filed and resolving more efficiently. Judges have also established special procedures to review and resolve such cases.
New York, a state which has its own asbestos court (known as NYCAL) is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants who have declared bankruptcy the number of cases that have come through the court has steadily increased. The New York Supreme Court created an additional judicial board that will oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also consider the merits of every claim to determine how much the plaintiff's compensation should be.
At present, the panel is studying more than 3,500 lawsuits. The panel is expected to 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 difficult issues. They are familiar with 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 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 devise strategies, oversee local and regional counsel, and ensure consistent and effective defenses for clients. They have collaborated closely with trial and coordination judges and litigation special masters in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is most effective to defend the client in an injury claim that involves asbestos lawyers. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and premises owners on matters involving claims of mesothelioma, lung cancer, and other asbestos-related diseases. The firm works with clients on developing internal programs to resolve potential liability and safety issues.
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 capacity Bowles Rice formulates litigation strategies and oversees local and region counsel to ensure a consistent and cost-effective defence in coordination with the client's needs. It also plays a major part in the administration and management of asbestos dockets, as well as negotiations with plaintiffs' lawyers and leading discovery for its client.
The firm's lawyers have a wealth of trial and appellate experience defending clients from claims brought by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science that is associated with these cases, and the unique legal issues that arise when defending companies before federal and state courts across the United States.
Catherine has represented a variety of companies in asbestos and products liability personal injury cases, acting as lead trial counsel and in consolidated trials involving a variety of claimants. She has substantial experience arguing asbestos-related cases in state and federal courts as well as before a variety of supreme and appellate court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents to the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short Evaluative reports that are encapsulated), which contained confidential information about plaintiffs. The files contained medical reports, work histories, and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to use access to the files and was able to review the SEAR forms of any case with her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in appellate and trial work, is nationally recognized for its ability to negotiate settlements for clients. In this capacity, the firm collaborates closely with the lawyers of plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience in defending businesses against appeals.