The Advanced 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 lawyer who is a defense attorney for asbestos can help protect those who's financial security has been affected due to exposure to the hazardous mineral. Compensation can cover medical expenses funeral and burial costs, lost quality of life, and suffering and pain.
Our lawyers are local, regional, and national counsel in mass toxic tort litigation. As such, we are familiar with the particular issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can trigger serious medical conditions, such as mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek compensation for victims and their families due to exposure to this harmful substance. These cases can be complex and therefore it is essential to have a reputable mesothelioma law firm on your side.
New York has had a long history with asbestos litigation, and many residents were exposed to the dangerous material. In recent years, there have been more lawsuits against former asbestos producers than ever before. These cases are a result of the recognition that asbestos is linked to diseases such as mesothelioma and lung cancer. These companies were aware of the dangers of the asbestos-containing mineral, yet they failed to warn their employees and consumers.
The New York City area is particularly prone to asbestos-related diseases due to its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community surrounding it.
Mesothelioma is caused by exposure to asbestos directly and a lot of workers were exposed in the workplace. In addition, exposure to asbestos through secondhand sources can lead to mesothelioma. This includes spouses who wear husband's clothing to work and come into contact with asbestos dust regularly.
The mesothelioma lawsuit is costly for defendants, especially when they are mistakenly identified as defendants. According to a study, more that 3,600 claims have been filed in New York courts since 2014 and the number is expected to increase even more. This type of litigation is typically fueled by specialized asbestos law firms that advertise on daytime TV and entice victims to file claims with the promise of large settlements.
The defendants may be able mitigate some of the expenses arising from these cases by arguing that their policy periods expire or they are only responsible for a tiny percentage of the total amount of the claim. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure is within and outside the insurance company's policy.
Asbestos-related Diseases
Exposure to asbestos can cause various diseases. The mesothelioma disease is the most serious. Many people have died due to mesothelioma. Other asbestos Lawsuit-related illnesses include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers that collect in the lungs, and can cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the Pleura). The inhalation of these tiny fibers can cause scarring to the lungs, a condition known as asbestosis and occasionally, the development of thickened patches on the pleura referred to as plaques on the pleura, or a more widespread fibrosis of the pleura, referred to as diffused pleural fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity, as measured by breathing tests. They can also cause pain and difficulty breathing however they do not lead to cancer or mesothelioma.
The signs of asbestos-related illness typically do not manifest until decades after initial exposure. It can take up to 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces and their children, spouses and other people who are exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma, include laryngeal cancer and lung cancer, peritoneal, ovarian, and peritoneal cancer. The most fatal form of mesothelioma is ovarian cancer, but it's less prevalent than mesothelioma in general. It is diagnosed later than most other types of mesothelioma because it occurs in the linings of the reproductive organs. The symptoms may be similar to other illnesses.
A number of companies used asbestos in the 20th century. They were aware that it was dangerous. They exposed thousands of people to asbestos if they failed to remove asbestos from their products. Now, these people have the right to seek financial compensation. Many asbestos-related manufacturers are bankrupt. The victims are now able to claim compensation from trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have placed profits over the safety of their employees and consumers by producing dangerous products, without warning of the risks. They are now facing the consequences of their negligence. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. Our lawyers have over 25 years 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 highest amount of compensation for our clients.
A number of states have set up asbestos courts with specialization, where claims can be filed more efficiently. Judges have also developed special procedures to review and resolve such 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 defendants that have been bankrupt the number of cases that have come through this court has steadily increased. The New York Supreme Court created an extra judicial board to supervise NYCAL to stop the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case in NYCAL to decide whether or not to accept it. Judges will also assess the merits of each claim to decide how much money the plaintiff is entitled to.
Currently, the panel is studying more than 3,500 lawsuits. The panel is expected to make a final decision by the end of this year.
New York asbestos lawsuits are often complex and involve several defendants. Belluck & Fox's lawyers have extensive experience in litigating these complex issues. They are well-versed in the asbestos courts of New York and their rules, regulations and policies in addition to other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this role lawyers devise strategies, oversee regional and local counsel, and ensure consistent and effective defenses for clients. They have worked closely with trial judges, coordination judges and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best approach to defend a client against an asbestos personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, contractors, distributors and premises owners on matters involving mesothelioma claims, lung cancer, and other asbestos-related diseases. The firm also works with clients to create internal programs for identifying and addressing any safety and liability 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, Bowles Rice develops strategies for litigation and supervises local and region counsel to achieve a consistent and cost-effective defence in coordination with the client's needs. In addition it plays an important role in the administration of asbestos dockets and negotiations with plaintiffs' counsel and also leads discovery for its clients.
The attorneys of the firm have a wealth of trial and appellate experience defending clients from claims brought by injured claimants, which includes those claiming mesothelioma or other asbestos settlement-related diseases. Asbestos defense lawyers are acquainted with the intricate research and technology involved in these cases, as well as specific legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has defended numerous manufacturers 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 substantial experience litigating asbestos-related cases in federal and state courts and before various supreme and appellate court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents of the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports Encapsulated) that contained confidential information about the plaintiffs. This included medical reports as well as work histories and a list asbestos products that plaintiffs worked with or near. Vogel was required to use a password to access these files, and she could also go through 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 well-known throughout the country for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm works closely with plaintiffs' lawyers in the development and execution of settlement agreements. It also has extensive experience in defending businesses against appeals.