15 Shocking Facts 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 assist in ensuring the financial security of those who have been harmed through exposure to this dangerous mineral. Compensation may cover medical costs funeral and burial costs, pain and suffering, and loss of quality of life.
Our attorneys are involved in mass toxic tort litigation at a national, regional and local scale. This means that we are well-versed in the unique issues and complex scientific aspects that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause severe medical conditions such as mesothelioma. A New York asbestos lawyer is adept at dealing with asbestos lawsuits, which seek compensation for victims and their families due to exposure to this harmful substance. These cases can be extremely complex and therefore it is essential to have an experienced mesothelioma attorneys law firm by your side.
New York has had a long history with asbestos litigation and many residents were exposed to the dangerous substance. In recent years there have been more lawsuits filed against former asbestos producers than ever before. These cases stem from the recognition of a connection between asbestos and diseases such as mesothelioma and lung cancer and asbestosis. These companies were aware of the dangers associated with the hazardous mineral, but did not warn their employees and clients.
New York City is especially vulnerable to illnesses caused by asbestos because of its older structures and construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to impact the surrounding community.
Many workers were exposed asbestos in the workplace. However, some people are diagnosed with mesothelioma following secondhand exposure to the harmful substances. This is especially true for spouses who wear husband's clothing to work and come into contact with asbestos dust regularly.
The litigation associated with mesothelioma can be costly for defendants, especially when they are incorrectly named as a defendant. According to an investigation, more than 3,600 claims have been filed in New York courts since 2014 and the number is expected to 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.
Defendants might be able to lower some of the costs arising from these cases by asserting that their policy periods have expired or they are only responsible for a tiny percentage of the amount of the claim. However, New York law has not provided a definitive rule regarding how to allocate liabilities when the alleged exposure occurs partly within and outside the insurer's policy periods.
Asbestos-Related Illnesses
A variety of asbestos-related diseases can develop due to exposure to the mineral that causes cancer. The condition known as mesothelioma is the most severe. 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 disease caused by exposure to asbestos fibers which accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the pleura). Inhaling these tiny fibers can cause scarring to 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 fibrosis decrease lung capacity as determined by breathing tests. They can also cause pain and discomfort in breathing, but they are not the cause of cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases do not show up until decades after the initial exposure. It could take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces and their children, spouses, and others exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma, include laryngeal carcinoma and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most fatal form of mesothelioma attorneys is ovarian cancer, but it's less prevalent than mesothelioma lawsuits in general. 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 those of other illnesses.
There were many companies that employed asbestos in the 20th century, but they knew that it was dangerous. If they didn't remove asbestos from their products thousands of people were exposed. Now, those exposed are able to seek financial compensation. Many asbestos-related companies are insolvent. As a result, the victims can seek the compensation they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have placed profits over the security of their employees and consumers by producing dangerous products without warning of the dangers. These companies are now confronting the consequences of their negligence. Patients who have suffered asbestos-related diseases like mesothelioma lawsuits and lung cancer are seeking fair and complete settlement.
The attorneys at Belluck & Fox are 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 lawyer lawyers work to hold large corporations responsible accountable and to secure maximum compensation for our clients.
Many states have established special asbestos courts in which claims can be filed and resolving more efficiently. Judges have also created special procedures to review and resolve asbestos-related cases.
New York is one such state, with its own asbestos court, known as NYCAL. The caseload in this specialty court has increased steadily, as increasing numbers of asbestos victims seek compensation from solvent former asbestos defendants who have become bankrupt. The New York Supreme Court created an additional judicial board that will supervise NYCAL in order to keep 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 rejected. Judges will also evaluate the merits of each claim to decide how much money a plaintiff should be awarded.
The panel is currently looking into more than 3500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits can be complicated and involve several defendants. Belluck and Fox's lawyers have a wealth of experience in defending these complicated cases. They are knowledgeable of the rules, regulations, 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 also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role lawyers formulate strategies, manage local and regional counsel and ensure that they are able to provide consistent and effective defenses for clients. They have collaborated closely with trial and coordination judges and special masters of litigation in various jurisdictions where they were involved in asbestos litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best approach to defend a client in an asbestos-related personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and owners of premises in cases involving claims for mesothelioma and lung cancer and other asbestos-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing potential risks to safety and liability.
In addition to its national asbestos practice, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm designs litigation strategies, manages local and regional counsel, and provides a cost-effective and consistent defense that is in sync with client goals. It also plays a major part in the administration and management of asbestos dockets aswell in negotiations with plaintiffs' attorneys and coordinating discovery for its clients.
The firm's attorneys have extensive trial and appellate experience in defending clients against claims by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are acquainted with the intricate research and technology involved in these cases as well as unique legal issues that arise when representing companies in state and federal courts throughout the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, representing them as the lead trial counsel in consolidated trials involving a variety of claimants. She has a wealth of experience litigating asbestos-related lawsuits in the federal and state courts as well as various appellate and Supreme Court bodies.
During her time 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 about claimants, such as medical reports, a history of work, and a list of asbestos products that plaintiffs worked with or around. Vogel was required to have access to these files, and she could also review 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 acknowledged nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates with plaintiffs' lawyers in the creation and implementation of settlement agreements, and it has extensive experience in defending businesses against appeals.