15 Surprising Facts About 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 protect the financial security of those who have been affected through exposure to this dangerous mineral. Compensation can cover medical expenses, funeral and burial expenses as well as pain and suffering and loss of quality of life.
Our attorneys are involved in the mass litigation of toxic torts on a national, regional and local scale. As as such, we are acquainted with the unique issues and the complex science that go along with asbestos lawsuit cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to a variety of severe medical conditions, including mesothelioma. A New York asbestos attorney is skilled in dealing with lawsuits that seek the financial compensation of those affected by asbestos exposure and their families. These cases can be complicated and it is crucial to have a mesothelioma expert law firm by 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 former asbestos producers than ever before. These cases are the result of the recognition that asbestos is linked to illnesses such as mesothelioma or lung cancer. These companies were aware of the dangers of the dangerous mineral, but they didn't inform their employees and customers.
The New York City area is particularly prone to asbestos-related diseases because of its older structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the community around it.
Mesothelioma is triggered by exposure to asbestos in direct contact, and many workers were exposed to it in the workplace. Secondhand exposure can also lead to mesothelioma. This includes spouses who wear husband's clothes at work and come in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit can be costly for defendants, especially when they are mistakenly identified as a defendant. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. The asbestos law firms that specialize in asbestos often advertise on TV during the day and encourage victims to file claims under the premise that they will receive significant settlements.
Defendants may be able to mitigate some of the expenses arising from these cases by argument that their policy terms expire or they are only accountable for a small percentage of the value of the claim. New York law does not have a clear rule on how to allocate liability when the alleged exposure is part of the insurance policies.
Asbestos-related diseases
A myriad of asbestos-related illnesses can develop because of exposure to the toxic mineral. The most serious condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma, a rare, but fatal condition, is caused by asbestos fibers which accumulate in the lung. They then cause irritation to the linings of the ribcage (the pleura) as well as the chest cavity and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs, called asbestosis. It can also lead to thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity as determined by breathing tests. They can also cause pain and difficulty in breathing, however they do not lead cancer or mesothelioma.
The majority of the time, signs of asbestos-related diseases don't appear until decades after the initial exposure. It can take up to 50 years for asbestos fibers that are inhaled to cause lung damage. People at risk of developing mesothelioma or any other asbestos-related conditions include workers who handled, laundered and removed asbestos-containing products from their workplaces and their spouses and children of asbestos claim-related exposure.
Other asbestos-related diseases apart from mesothelioma, include laryngeal cancer and lung cancer and peritoneal, ovarian and peritoneal cancer. Ovarian cancer is among the most deadly mesothelioma type for women, but it is less common than mesothelioma general. It is diagnosed later than other mesothelioma types, because it occurs in the linings of the reproductive organs. The symptoms may 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. They exposed thousands of people to asbestos because they failed to remove it from their products. These people can now sue for financial compensation. Many asbestos-related manufacturers are bankrupt. The victims are now able to claim 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 creating dangerous products without warning about the risks. They are now paying the price for their negligence. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get 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 attorneys work to hold corporations accountable and obtain the highest amount of compensation for their clients.
Many states have set up special asbestos courts in which claims can be filed and resolved more efficiently. Additionally judges have developed specialized procedures to evaluate and resolve asbestos settlement 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 gone bankrupt, the caseload of this court has steadily increased. To ensure that the justice system isn't overloaded the New York Supreme Court has ordered the creation of a special judicial panel to supervise NYCAL.
A panel comprised of six Supreme Court judges will review every case in NYCAL to decide whether to accept or reject it. Judges will also assess the merits of each case to determine the amount a plaintiff should receive.
At present, the panel is studying more than 3,500 lawsuits. The panel is expected issue its final ruling at the end of this year.
New York asbestos lawsuits can be complicated and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated matters. They are well-versed in the asbestos courts in New York and their rules, regulations and policies in addition to other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this capacity, lawyers create strategies, coordinate and manage local and regional counsel, and ensure consistent and cost-effective defenses for each client. They have collaborated closely with trial and coordination judges and litigation special masters in various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is most effective to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors, and property owners in cases involving claims for mesothelioma and lung cancer and other asbestos-related diseases. The firm also works with clients to develop internal programs for identifying and addressing any safety and liability concerns.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice devises litigation strategies and oversees local and region counsel to achieve a consistent and cost-effective defense in accordance with the client's needs. Additionally, it plays a key part in the administration of asbestos dockets and negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's lawyers have experience in defending clients from claims of mesothelioma and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the complex science associated with these cases, and the unique legal issues that arise when defending companies in state and federal courts across the United States.
Catherine has represented a variety of manufacturers in asbestos and product liability personal injury cases, representing them as lead trial counsel and in consolidated trials involving multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits before the state and federal courts, as well as a variety of appellate and Supreme 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 included SEAR forms (Short encapsulated Evaluative reports) that contained confidential information about the claimants. This included medical reports, work histories, and the list of asbestos-related products that plaintiffs worked with or near. Vogel was required to have an account password to access the files. She was then able to review any SEAR forms that she received from her current employer.
In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is recognized nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates closely with the lawyers of plaintiffs in the creation and implementation of settlement agreements. Additionally, it has extensive experience defending companies against appeals.