A Step-By-Step Guide To 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 lawyer can help protect the financial security of those injured by exposure to this toxic mineral. Compensation can cover medical expenses, funeral and burial expenses as well as pain and suffering and the loss of quality of life.
Our lawyers are involved in the mass litigation of toxic torts at a national, regional and local level. 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 dangerous fiber that can trigger numerous serious medical conditions, such as mesothelioma. A New York asbestos attorney is skilled in handling lawsuits to seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be extremely complex and it is crucial to have an experienced mesothelioma law firm on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to this hazardous material. In recent years, there have been more lawsuits against asbestos producers in the past than ever before. These cases arise out of the recognition that asbestos is associated with illnesses such as mesothelioma or lung cancer. The companies were aware of the dangers of the dangerous mineral, but they 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 numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the surrounding community.
Many workers were exposed asbestos at work. However, people also get diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came into contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is particularly relevant if they've been wrongly named as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014 and the number is expected to increase even more. This niche litigation is often fueled by specialized asbestos law firms that advertise on daytime television and encourage victims to file claims with the promise of huge settlements.
The defendants may be able reduce the cost of these cases by arguing that their policy periods are expired or that they only have to pay a small portion of the amount claimed. New York law does not have a specific rule for how to distribute the liability if the alleged exposure is within and part outside of the insurer's policies.
Asbestos-related Illnesses
Exposure to asbestos can trigger many different diseases. The most serious condition is mesothelioma. Many have died from mesothelioma lawyers. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and the pleural effusion.
mesothelioma lawyer is a rare, but fatal disease that is caused by asbestos fibers which accumulate in the lung. They then cause irritation to the linings of the ribcage (the the pleura), chest cavity and abdominal cavity. Inhaling these tiny fibers can result in scarring of the lungs called asbestosis, and occasionally, the development of thickened patches on the pleura referred to as plaques on the pleura, or the more widespread fibrosis of the pleura, referred to as diffused pleural fibrisis. Pleural plaques or diffuse fibrosis may reduce lung capacity as measured by breathing test. They can also cause breathing problems and pain but they don't cause mesothelioma or cancer.
Often, symptoms of asbestos-related diseases don't appear until decades after the initial exposure. It could take up to 50 years for asbestos fibers that are inhaled to cause lung damage. Workers who handled, cleaned, and removed asbestos from the workplace as well as spouses, children, and others exposed to asbestos are at risk of developing mesothelioma.
As well as mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma and mesothelioma of the ovary. The most deadly mesothelioma type is ovarian cancer, however it is less prevalent than mesothelioma in general. It is diagnosed later than most other types of mesothelioma, because it develops within the linings of reproductive organs. The symptoms can be similar to those of other illnesses.
There were many companies that used asbestos in the 20th century, but they were aware that it was hazardous. When they failed to remove asbestos from their products thousands of people were exposed. They can now seek financial compensation. Many asbestos-related companies are bankrupt. As a result, the victims are able to seek the compensation they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits over the safety of their workers and consumers for decades, producing hazardous products without warning of the dangers. They are now paying the price for their negligence. People whose lives have been disrupted by mesothelioma and lung cancer, and other asbestos-related illnesses are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. Our lawyers have over 25 years of experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have established special asbestos courts, where claims can be filed more efficiently. In addition, judges have established specialized procedures to evaluate and resolve asbestos cases.
New York is one such state that has 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 asbestos defendants who have gone bankrupt. In order to ensure that the justice system does not get overloaded, the New York Supreme Court has established an additional judicial panel that will oversee NYCAL.
A panel comprised of six Supreme Court judges will review every case in NYCAL to decide whether or not to take it up with it. 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 into more than 3500 lawsuits. The panel is expected to issue its final decision by the end of the year.
New York asbestos lawsuits can be complicated and involve multiple defendants. Belluck and Fox's lawyers have vast experience in litigating these complex cases. 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 extensive experience serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity, lawyers develop strategies, coordinate and oversee local and regional counsel, and ensure cost-effective and consistent defenses for each 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 Tulsa asbestos lawyer will determine what strategy is most effective to defend the client from a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and property owners on matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm also works with clients to create internal programs to identify and addressing any safety and liability concerns.
Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation serves as national Coordinating counsel. In this role Bowles Rice formulates strategies for litigation and supervises regional and local counsel to ensure a consistent and cost-effective defense in accordance with the client's needs. Additionally, it plays a key role in the administration of asbestos dockets, negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's attorneys are experienced in defending clients from mesothelioma lawsuit-related claims and other asbestos-related diseases. Asbestos defense attorneys are familiar with complex research and technology involved in these cases, as and particular legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has represented numerous manufacturers in asbestos and products liability personal injury cases, defending them as lead trial counsel and in consolidated trials involving a variety of plaintiffs. She has substantial experience litigating asbestos-related cases before federal and state courts, as well as before various supreme and appellate court bodies.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The cases files included SEAR forms (Short Evaluative Reports Encapsulated), which contained confidential information about the plaintiffs. The files contained medical reports as well as work histories and a list asbestos products that plaintiffs worked with or near. Vogel was required to have an account password to access these files and could review the SEAR forms of any case she had with her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is widely acclaimed for its ability to negotiate settlements for its clients. In this capacity, the company collaborates closely with plaintiffs' lawyers in the development and execution of settlement agreements. Additionally, it has extensive experience defending companies against appeals.