A Step-By-Step Instruction For 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 help protect the financial security of those who have been harmed by exposure to this toxic mineral. Compensation can cover medical expenses, funeral and burial expenses as well as pain and suffering and loss of quality of life.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local scale. This means that we are familiarized with the unique issues and complex aspects of science that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can trigger a variety of severe medical conditions, including mesothelioma. A New York asbestos attorney is adept at handling lawsuits seeking the financial compensation of those affected by asbestos exposure and their families. These cases can be complicated and therefore it is essential to have a mesothelioma attorney on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to this hazardous substance. In recent years, there have been more lawsuits filed against asbestos producers in the past than ever before. These cases are a result of the realization that asbestos is associated with diseases such as mesothelioma and lung cancer. These companies were aware the dangers that asbestos posed but did not take the time to warn employees and consumers.
The New York City area is particularly prone to asbestos-related diseases due to its older structures and a myriad of construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the community surrounding it.
Many workers were exposed to asbestos in their work environments. Exposure to asbestos from the outside can cause 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 especially the case if they were wrongly named as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. Specialized asbestos law firms often advertise on TV during the day and encourage victims to submit claims, promising they will receive substantial settlements.
Defendants may be able to mitigate some of the expenses arising from these cases by argument that their policy terms have expired or they are only responsible for a tiny percentage of the claim value. New York law does not have a clear rule on how to allocate the liability if the alleged exposure is of the insurer's policies.
Asbestos-Related Diseases
A wide range of asbestos-related illnesses can develop due to exposure to the mineral that causes cancer. The most severe condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal disease that is caused by asbestos fibers which accumulate in the lung. They then irritate the linings of the ribcage (the pleura), chest cavity, and abdominal cavity. Inhaling these tiny fibers can result in scarring of the lungs known as asbestosis and sometimes the formation of thickened patches on the pleura called plaques of pleura or an enlargement of fibrosis in the pleura called diffused pleural fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They can also cause discomfort and breathing difficulties, though they do not cause mesothelioma or cancer.
The signs of asbestos-related illness typically don't manifest until decades after initial exposure. This is because it can take between 20 to 50 years for the inhalation of asbestos-containing fibers to damage the lungs. Workers who handled, cleaned and removed asbestos from the workplace as well as spouses, children and others who were exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related diseases in addition to mesothelioma, include laryngeal carcinoma and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most fatal form of mesothelioma is called ovarian cancer, however it is less prevalent than mesothelioma in general. It is often diagnosed later than other forms of mesothelioma since it develops in the tissues of the reproductive organs and symptoms can be similar to those of other illnesses.
Several companies used asbestos during the 20th century. They knew it was dangerous. When they did not remove asbestos from their products thousands of people were exposed. Now, these people are able to sue for financial compensation. Many asbestos-related companies are bankrupt. The victims can now seek compensation from the trust funds set up by bankruptcy courts.
asbestos attorney Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees and consumers, producing dangerous products, without warning of the risks. These companies are now paying for their carelessness. People who's lives have been affected by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking full and fair compensation.
The attorneys at Belluck & Fox are dedicated to helping individuals and families obtain the justice they deserve. Our attorneys have more than 25 years of experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to secure maximum compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolved more efficiently. Judges have also created special procedures to review and resolve such cases.
New York, a state with its own asbestos court (known as NYCAL) is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants who have gone bankrupt, the caseload of the court has been steadily increasing. In order to ensure that the justice system isn't overwhelmed, the New York Supreme Court has ordered the creation of a special judicial panel to oversee NYCAL.
A panel of six Supreme Court judges will review every case in NYCAL to determine whether to accept or reject it. Judges will also consider the merits of every claim to determine how much the plaintiff's compensation should be.
Currently, the panel is studying more than 3,500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits are usually complex and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated issues. They are familiar with New York's asbestos courts as well as their rules, regulations and policies, as well as other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, attorneys create strategies, coordinate and manage regional and local counsel and ensure consistent and cost-effective defenses for every client. They have been in close contact with trial judges, coordinating judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is most effective to defend the client from a personal injury claim involving asbestos case. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and premises owners on matters involving claims of mesothelioma and lung cancer and other asbestos-related diseases. The firm works with clients on developing internal programs to identify and address potential safety and liability concerns.
Bowles Rice, in addition to its asbestos practice in the national level and multi-state asbestos litigation serves as national Coordinating counsel. In this capacity, the firm develops litigation strategies, supervises regional and local counsel, and provides a cost-effective and consistent defense that is in sync with the client's goals. In addition, it plays a key role in the management of asbestos dockets and negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's attorneys are experienced in defending clients against mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the intricate scientific issues involved in these cases as well as particular legal issues that arise while defending businesses before state and federal courts throughout the United States.
Catherine has represented a variety of manufacturers as lead trial counsel in asbestos and personal injury lawsuits related to product liability, and in consolidated cases involving multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits before the federal and state courts, as well as various Supreme Court and appellate courts.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short Evaluative reports that are encapsulated) that contained confidential information about claimants. The files contained medical reports and work histories, as well as a list asbestos products that plaintiffs worked with or near. Vogel was required to have access to 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 extensive experience in trial and appellate work, is widely acclaimed for its ability to negotiate settlements for clients. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. It also has extensive experience defending businesses against appeals.