10 Misconceptions Your Boss Shares About Asbestos Defense Attorney
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer for asbestos defense can protect those who's financial security was affected due to exposure to the hazardous mineral. Compensation can cover medical expenses funeral and burial expenses as well as pain and suffering and the loss of quality of life.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local level. As as such, we are acquainted with the particular issues and complex science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause serious medical conditions, such as mesothelioma. A New York asbestos attorney (recommended you read) is experienced in handling lawsuits to seek financial compensation for victims of asbestos exposure and their families. These cases can be complicated, so it's important to have a mesothelioma lawyer on your side.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous substance. In recent years, there have been more lawsuits filed against asbestos producers from the past than before. These cases stem from the recognition of a connection between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. The companies were aware of asbestos' dangers, but failed 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 location that continues to impact on the surrounding community.
Many workers were exposed to 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 in contact with asbestos dust on a regular basis.
The litigation associated with mesothelioma can be expensive for defendants, particularly when they are mistakenly identified as a defendant. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014, and the number could increase further. This type of litigation is typically driven by asbestos law firms that promote on daytime television and encourage victims to file claims with the promise of substantial settlements.
Defendants may be able to mitigate some of the costs associated with these cases by argument that their policy terms have expired or they're only accountable for a small percentage of the total amount of the claim. New York law does not have a clear rule on how to divide the liability if the alleged exposure is part of the insurer's policies.
Asbestos-Related Illnesses
A myriad of asbestos-related diseases can develop because of exposure to the toxic mineral. The mesothelioma condition is the most serious. Many people have died from mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos attorneys-related.
Mesothelioma, a rare, but fatal illness, is caused by asbestos fibers which accumulate in the lung. They then cause irritation to the linings of the ribcage (the the pleura), chest cavity and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs, known as asbestosis. It can also lead to thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity as measured by a breath test. They can also cause pain and difficulties in breathing, but they do not lead cancer or mesothelioma.
Symptoms of asbestos-related disease often do not manifest until decades after initial exposure. It can take as long as 50 years for asbestos fibers that are inhaled to cause lung damage. Workers who handled, cleaned, and removed asbestos from the workplace and their spouses, children and others who were exposed to asbestos attorney are at risk of developing mesothelioma.
Other asbestos-related diseases, apart from mesothelioma, include laryngeal cancer and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most dangerous mesothelioma type is ovarian cancer, but it's less common than the general mesothelioma. It is diagnosed later than other mesothelioma types, because it occurs in the linings of the reproductive organs. The symptoms can be similar to other diseases.
Many companies employed asbestos during the 20th century. They knew it was hazardous. They exposed thousands of people to asbestos if they failed to remove asbestos from their products. Now, those exposed are able to seek financial compensation. Many asbestos-related manufacturers are bankrupt. This means that the victims can seek the compensation they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the security of their employees and consumers, producing dangerous products, without warning of the dangers. These companies are now paying for their carelessness. People whose lives have been disrupted by mesothelioma, cancer of the lung, and other asbestos-related illnesses are seeking fair and full settlement.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our attorneys have more than 25 years experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and to obtain maximum compensation for our clients.
Many states have set up special asbestos courts where claims can be filed and resolved more efficiently. In addition, judges have established special procedures for evaluating and resolving such cases.
New York, a state which has its own asbestos court (known as NYCAL) is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants who have been bankrupt, the caseload of this court has been steadily increasing. The New York Supreme Court created a special judicial board to supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review each case in NYCAL to determine whether or not to accept it. Judges will also evaluate the merits of each claim to determine how much money each plaintiff should receive.
At present, the panel is studying more than 3,500 lawsuits. The panel is expected to issue its final decision before the end of the year.
New York asbestos lawsuits can be complicated and can involve several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these difficult matters. They are knowledgeable of 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 extensive experience as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this role lawyers formulate strategies, oversee regional and local counsel, and ensure that they are able to provide consistent and efficient defenses for clients. They have been in close contact with trial judges, coordinating judges and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best strategy to defend a client from an asbestos-related personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and owners of premises in cases involving claims for mesothelioma and lung cancer and other asbestos-related diseases. The firm works with clients to develop internal programs to determine and address potential 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 the firm formulates strategies for litigation, oversees regional and local counsel and provides a cost-effective and consistent defense that is in sync with client objectives. It also plays a major role in the administration and management of asbestos dockets, as well as negotiations with plaintiffs' attorneys and coordinating discovery for its clients.
The firm's attorneys are experienced in defending clients from mesothelioma claims and other asbestos-related diseases. Asbestos defense lawyers are acquainted with complex scientific issues involved in these cases, as in addition to particular legal issues that arise when defending companies before state and federal courts throughout the United States.
Catherine has represented numerous manufacturers in asbestos attorney and products liability personal injury cases, defending them as lead trial counsel and in consolidated trials involving multiple plaintiffs. She has extensive experience arguing asbestos-related lawsuits before federal and state courts as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Evaluative Reports Encapsulated), which contained confidential information about the claimants. The files contained medical reports and work histories, as well as the list of asbestos-related products that plaintiffs worked with or near. Vogel had to have a password in order to access the files. Then, she could go through any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is nationally recognized for its ability to successfully negotiate settlements for clients. In this capacity, the firm collaborates closely with lawyers representing plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience in defending businesses against appeals.