The Ultimate 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 defense attorney for asbestos can assist those who's financial security was affected due to exposure to the hazardous mineral. Compensation may cover medical costs funeral and burial expenses as well as pain and suffering and loss of quality of life.
Our lawyers serve as national, regional and local counsel in large toxic tort litigation. As such, we are familiar with the unique issues and complex science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause 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 complex and therefore it is essential to have a mesothelioma lawyer to assist you.
New York has a long history of asbestos litigation and many residents have been exposed to this dangerous substance. In recent years, there have been more lawsuits against asbestos producers in the past than ever before. These cases stem from the recognition of a link between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. These companies knew of the dangers of the asbestos-containing mineral, yet they failed to warn their employees and consumers.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the community around it.
Mesothelioma is triggered by exposure to asbestos directly and many workers were exposed to it in the workplace. In addition, exposure to asbestos through secondhand sources can lead to mesothelioma. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came in contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is particularly true if they have been wrongly identified as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This niche litigation is often driven by asbestos law firms that promote on television during the day and encourage victims to file claims with the promise of huge settlements.
The defendants might be able to reduce some of the costs of these cases by arguing that their policy periods are overdue or that they only have to pay a small portion of the amount claimed. However, New York law has not set out a clear policy on how to divide liabilities when the alleged exposure occurs within and outside the insurance company's policy.
Asbestos-Related Diseases
Exposure to asbestos can lead to a wide range of diseases. The mesothelioma condition is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma, a rare, but fatal disease that is caused by asbestos fibers that accumulate in the lungs. They then cause irritation to the linings of the ribcage (the Pleura), chest cavity and abdominal cavity. Inhaling these tiny fibers can cause scarring to the lungs, a condition known as asbestosis and, sometimes, the development of thickened patches on the pleura called plaques of pleura or the more widespread fibrosis of the pleura called diffused pleural the fibrosis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as determined by a breathing test. They can also cause pain and difficulties in breathing, but they do not lead mesothelioma or cancer.
Symptoms of asbestos-related disease often are not evident until years after the initial exposure. It could take up to 50 years for asbestos fibers that are inhaled to cause lung damage. People who are at risk of developing mesothelioma and other asbestos-related diseases include those who handled, washed and removed asbestos-containing materials from the workplace, as well as spouses and children of those exposed to asbestos.
In addition to mesothelioma other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma and ovarian mesothelioma. The most dangerous form of mesothelioma is ovarian cancer, however it is less prevalent than mesothelioma in general. It is usually diagnosed later than other forms of mesothelioma due to the fact that it is a cancer that develops in the tissue of the reproductive organs, and symptoms can be similar to those of other diseases.
Several companies used asbestos during the 20th century. They knew it was a risk. They exposed thousands of people to asbestos when they didn't eliminate it from their products. These people now are able to sue for financial compensation. A lot of asbestos-related manufacturers have declared bankruptcy. The victims are now able to seek compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit over the safety of their workers and their customers for decades making dangerous products, without warning of the dangers. These companies are now paying the price for their negligence. People who have suffered from life-altering issues caused by mesothelioma, lung cancer and other asbestos-related illnesses are seeking fair and full compensation.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals receive the justice they need. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and to obtain the maximum amount of compensation for our clients.
Many states have established special asbestos courts, where claims can be filed more efficiently. Judges have also developed specialized procedures to evaluate and resolve asbestos-related cases.
New York is one such state that has its own asbestos court, known as NYCAL. The caseload in this specialty court has grown steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos claim defendants who have gone 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 is accepted or rejected. Judges will also consider the merits of each claim to determine the amount of amount of money each plaintiff should receive.
The panel is currently examining more than 3500 lawsuits. The panel is expected to make a final decision by the end of this year.
New York asbestos lawsuits are typically complex and often include allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated matters. They are knowledgeable of the asbestos courts of New York, including their rules, regulations and policies and 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 capacity, lawyers create strategies, coordinate and oversee regional and local 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 have been involved in asbestos claim litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is most effective to defend the client from an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors and property owners on issues involving mesothelioma claims, lung cancer and other asbestos-related diseases. The firm collaborates with clients in the development of internal programs to determine and resolve potential liability and safety issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity, the firm develops litigation strategies, supervises regional and local counsel and provides a cost-effective and consistent defense in coordination with the client's goals. In addition it plays a crucial role in the administration of asbestos dockets and negotiations with plaintiffs' counsel and leads discovery for its clients.
The attorneys of the firm have a wealth of trial and appellate experience, defending clients against claims made by injured claimants, such as those who claim mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are acquainted with complex science involved in these cases as well as unique legal issues that arise while defending companies before state and federal courts throughout the United States.
Catherine has represented numerous manufacturers as the lead counsel in asbestos and personal injury lawsuits involving product liability and in consolidated cases that involve multiple plaintiffs. She has extensive experience litigating asbestos-related lawsuits in federal and state courts, as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those for 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. This included medical reports, work histories, and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to have a password in order to access the files. She could then review any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is widely acclaimed for its ability to successfully negotiate settlements for its clients. In this capacity, the firm collaborates with the lawyers of plaintiffs in the preparation and execution of settlement agreements. Additionally, it has extensive experience defending companies against appeals.