14 Questions You re Anxious To Ask 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 assist in ensuring the financial security of those who have been harmed through exposure to this dangerous mineral. Compensation could cover medical expenses funeral and burial costs, loss of quality of life, and pain and suffering.
Our lawyers serve as local, regional and national counsel in massive toxic tort litigation. As as such, we are acquainted with the unique issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can cause numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek financial compensation for the victims and their families who have been exposed to this harmful substance. These cases can be complex and therefore it is essential to have a mesothelioma attorney on your side.
New York has had a long-running history of asbestos litigation. Many residents were exposed to the dangerous substance. In recent years, there have been more lawsuits against former asbestos producers than ever before. These cases stem from the recognition of a link between asbestos and certain diseases such as mesothelioma, lung cancer and asbestosis. These companies were aware of the dangers associated with this asbestos-containing mineral, yet they did not warn their employees and clients.
The New York City area is particularly prone to asbestos-related diseases due to its old structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the surrounding community.
Many workers were exposed asbestos in the workplace. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses of asbestos-exposure workers who were wearing their husband's work clothes and came into contact with asbestos dust on a regular basis.
The mesothelioma litigation can be expensive for defendants, especially 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 rise further. This niche litigation is often driven by asbestos law (telegra.ph) firms, which advertise on daytime television and encourage victims to file claims with the promise of large settlements.
Defendants might be able to reduce some of the expenses arising from these cases by asserting that their policy periods have expired or they're only responsible for a small portion of the value of the claim. New York law does not have a specific rule for how to divide the liability if the alleged risk is within and part outside of the insurance policies.
Asbestos-related Diseases
Exposure to asbestos can trigger various ailments. The most severe condition is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is 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 the pleura) as well as the chest cavity and abdominal cavity. Inhaling these fibers can lead to scarring of the lungs, known as asbestosis. It can also lead to thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity, as measured by breathing tests. They can also cause pain and difficulty breathing, though they do not lead to cancer or mesothelioma.
The signs of asbestos-related illness typically are not evident until years after initial exposure. It can 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 ailments include those who handled, cleaned and removed asbestos-containing materials from the workplace, as well as spouses and children of asbestos-related exposure.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma of the ovary. Ovarian cancer is the deadliest form of mesothelioma for women however it is much less common than mesothelioma in general. It is diagnosed later than most other types of mesothelioma because it develops in the linings of the reproductive organs. The symptoms can be similar to those of other illnesses.
A number of companies used asbestos case in the 20th century, however they knew that it was hazardous. If they didn't remove it from their products, thousands of people were exposed. Now, these people have the right to seek financial compensation. Many asbestos-related companies are bankrupt. In the aftermath, victims can seek the money they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit over the safety of their employees and customers for a long time, producing hazardous products without warning of the dangers. These companies are now facing the consequences of their negligence. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
The attorneys at Belluck & Fox are dedicated to helping families and individuals get the justice they deserve. Our lawyers have more than 25 years experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and seek maximum compensation for clients.
Many states have created asbestos courts with specialization, where claims can be filed more efficiently. Judges have also created specialized procedures to evaluate and resolve these cases.
New York is one such state that has its own asbestos court known as NYCAL. As asbestos compensation victims continue to seek compensation from solvent asbestos defendants that have declared bankruptcy and have been unable to pay, the workload of this special court has been steadily increasing. The New York Supreme Court created a special judicial board to oversee NYCAL to stop the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review each case in NYCAL to decide whether to accept or reject it. Judges will also assess the merits of each claim to determine the amount a plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to issue its final decision before the end of this year.
New York asbestos lawsuits are often complex and involve allegations of multiple defendants. Belluck and Fox's lawyers have a wealth of experience in defending these complicated matters. They are familiar with New York's asbestos courts, including their rules, regulations and policies in addition to other jurisdictions where they have handled multi-district litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, lawyers develop strategies, oversee regional and local counsel, and ensure consistent and effective defenses for clients. They have been in close contact with trial judges, coordination judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is the best way to defend the client against a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and property owners in cases involving claims for mesothelioma, lung cancer, and other asbestos-related diseases. The firm works with clients in the development of internal programs to determine and address potential safety and liability issues.
Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation is also the national Coordinating counsel. In this role the firm designs litigation strategies, supervises local and regional counsel, and achieves consistent and cost-effective defense in coordination with client objectives. It also plays a major part in the administration and management of asbestos dockets as well as negotiations with plaintiffs' attorneys and leading discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience, defending clients from claims brought by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, as well as the particular legal issues that arise when representing companies before federal and state courts across the United States.
Catherine has represented numerous manufacturers as lead counsel in asbestos and product liability personal injury lawsuits as well as in consolidated cases involving multiple claimants. She has a wealth of experience arguing asbestos-related cases in the federal and state courts as well as before various supreme and appellate courts.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short encapsulated Evaluative reports) which contained confidential information about 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 have an account password to access these files and could review the SEAR forms of any case with her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in appellate and trial work, is recognized nationally for its ability to successfully negotiate settlements for clients. In this capacity, the company collaborates with plaintiffs' lawyers in the development and execution of settlement agreements, and it has a vast experience in defending companies against appeals.