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 protect those whose financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses, funeral and burial expenses as well as pain and suffering and lost quality of life.
Our attorneys are involved in the mass litigation of toxic torts at a national, regional and local scale. As such, we are familiar with the specific issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can cause severe medical conditions, such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek financial compensation for victims and their families who have been exposed to this toxic substance. These cases can be complex and it is crucial to have a reputable mesothelioma lawyer on your side.
New York has had a long history with asbestos litigation, and many residents were exposed to the dangerous material. In recent times there have been more lawsuits against former asbestos manufacturers than ever before. These cases are a result of the recognition of a connection between asbestos and diseases like mesothelioma, lung cancer and asbestosis. These companies were aware asbestos's dangers, but failed to warn the employees and the public.
New York City is especially vulnerable to illnesses caused by asbestos because of its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community around it.
Mesothelioma can be caused by exposure to asbestos directly and a lot of workers were exposed to it at work. Secondhand exposure can also lead to mesothelioma. This is especially true for spouses who wear husband's clothes at work and come in contact with asbestos dust frequently.
The mesothelioma litigation can be expensive for defendants, particularly when they are mistakenly identified as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014 and the number could increase even more. The asbestos law firms that specialize in asbestos often advertise on television during the day and encourage victims to submit claims with the promise that they will receive significant settlements.
Defendants might be able to lower some of the costs associated with these cases by asserting that their policy periods have expired or they are only accountable for a small percentage of the total claim value. New York law does not have a clear rule on how to distribute responsibility when the alleged exposure is of the insurer's policies.
Asbestos-related illnesses
Exposure to asbestos can trigger various diseases. The most serious condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare, but fatal disease, is caused by asbestos fibers that accumulate in the lungs. They then cause irritation to the linings of the ribcage (the Pleura) as well as the chest cavity and abdominal cavity. The inhalation of these small fibers can result in scarring of the lungs, a condition known as asbestosis and, sometimes, the formation of thickened patches on the pleura called plaques on the pleura, or a more widespread fibrosis of the pleura, referred to as diffused pleural fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as determined by breathing tests. They can also cause pain and difficulties in breathing, however they do not lead cancer or mesothelioma.
The symptoms of asbestos-related diseases typically don't manifest until decades after exposure. It can take up to 50 years for asbestos fibers that are inhaled to cause lung damage. The people at risk of developing mesothelioma and other asbestos-related conditions include workers who handled, laundered and removed asbestos-containing products from the workplace, as well as spouses and children of asbestos-related exposure.
In addition to mesothelioma, other asbestos lawsuit (the full details)-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma of the ovary. The most deadly form of mesothelioma is ovarian cancer, however it is less common than the general mesothelioma. It is usually diagnosed later than other forms of mesothelioma since it is a cancer that develops in the tissues of the reproductive organs, and the symptoms may be similar to symptoms of other diseases.
A number of companies used asbestos in the 20th century. They were aware that it was dangerous. They exposed thousands of people to asbestos when they failed to remove it from their products. These people now have the right to claim financial compensation. Many asbestos-related companies have gone bankrupt. The victims are now able to seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees as well as consumers by producing dangerous products without warning of the risks. These companies are now confronting the consequences of their negligence. People who have suffered from life-altering issues caused by mesothelioma, cancer of the lung and other asbestos-related diseases are seeking full and fair settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get 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 seek the maximum amount of compensation for our clients.
Many states have set up special asbestos courts where claims can be filed and resolving more efficiently. Judges have also created specialized procedures to evaluate and resolve asbestos-related cases.
New York is one such state with its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos case defendants who have been bankrupt the number of cases that have come through the court has been steadily increasing. The New York Supreme Court created a special judicial board to supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review each case in NYCAL to determine whether to accept or reject it. Judges will also consider the merits of each claim to determine the amount a plaintiff should receive.
The panel is currently studying more than 3,500 lawsuits. The panel is expected to issue its final ruling at the end of this year.
New York asbestos lawsuits are typically complex and often involve several defendants. Belluck and Fox's lawyers have a wealth of experience in defending these complicated 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 vast experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, attorneys create strategies, coordinate and manage local and regional counsel, and ensure cost-effective and consistent defenses for every client. They have collaborated closely with trial and coordination judges and special masters of litigation in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is best to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and owners of premises on matters involving mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm also assists clients to create internal programs to identify and addressing potential risks to safety and liability.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity, the firm develops litigation strategies, supervises local and regional counsel, and ensures a consistent and cost-effective defense in coordination with the client's goals. Additionally it plays a crucial part in the administration of asbestos dockets as well as negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's attorneys have a wealth of trial and appellate experience defending clients against claims by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense attorneys are acquainted with the intricate science involved with these cases, as well as the unique legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented numerous manufacturers as the lead trial counsel in asbestos and personal injury lawsuits involving product liability, and in cases that have been consolidated involving multiple claimants. She has extensive experience in litigating asbestos-related cases before the federal and state courts as well as before various supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those involving 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, work history, and a list of asbestos products that plaintiffs worked with or around. Vogel required access to a password to access the files. She could then look over any SEAR forms that she received from 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. Additionally, it has extensive experience defending companies against appeals.