So You ve Bought Asbestos Defense Attorney ... Now What
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 harmed by exposure to this toxic mineral. Compensation could cover medical expenses funeral and burial costs, lost quality of life, and suffering and pain.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local level. This means that we are well-versed in the unique issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can cause serious medical conditions like mesothelioma. A New York asbestos attorney (look at this site) is experienced in handling lawsuits seeking financial compensation for those who have suffered from asbestos exposure and their families. These cases can be extremely complex, and it is critical to have an experienced mesothelioma law firm on your side.
New York has had a long history with asbestos litigation and many residents were exposed to this hazardous substance. In recent years there have been more lawsuits filed against asbestos producers in the past than ever before. These cases arise out of the recognition that asbestos is linked to illnesses like mesothelioma and lung cancer. The companies were aware of the dangers that asbestos posed but did not take the time to warn their employees and customers.
New York City is especially susceptible to illnesses caused by asbestos due to its old structures and many construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.
Mesothelioma is caused by exposure to asbestos in direct contact, and many workers were exposed to it at work. However, many people are diagnosed with mesothelioma following secondhand exposure to the harmful substances. This includes spouses who wear their husband's clothes to work and come into contact with asbestos dust frequently.
The mesothelioma litigation is costly for defendants, particularly when they are incorrectly named as a defendant. According to a study, more that 3,600 claims have been filed in New York courts since 2014 and the number could increase further. Specialized asbestos law firms often advertise on TV during the day and encourage victims to submit claims under the premise that they will receive significant settlements.
The defendants could be able to reduce some of the costs of these cases by arguing that their policies are in a lapse or that they are only responsible a small portion of the amount claimed. New York law does not provide a definitive rule on how to divide liability when the alleged exposure is part of the insurance policies.
Asbestos-related Illnesses
Exposure to asbestos can trigger various illnesses. The mesothelioma disease is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and the pleural effusion.
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 pleura), chest cavity, and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs. This is called asbestosis. It can also lead to thickened pleura patches (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They also cause discomfort and breathing difficulties however they do not cause mesothelioma or cancer.
Symptoms of asbestos-related disease often are not evident until years after initial exposure. It could take up to 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned, and removed asbestos from their workplaces as well as children, spouses and others who were exposed to asbestos are at risk for developing mesothelioma.
In addition to mesothelioma other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma of the ovary. Ovarian cancer is among the most deadly mesothelioma type for women, but it is less prevalent than mesothelioma in general. It is often diagnosed later than other forms of mesothelioma since it is a cancer that develops in the tissues of the reproductive organs and symptoms can be similar to those of other illnesses.
Many companies employed asbestos in the 20th century, but they knew that it was a risk. When they did not remove it from their products, thousands of people were exposed. Now, those exposed are able to seek financial compensation. Many asbestos-related companies are insolvent. As a result, the victims can seek the money they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the safety of their employees and consumers by producing dangerous products, without warning of the risks. They are now paying the price for their negligence. People who's lives have been affected by mesothelioma and lung cancer and other asbestos-related illnesses are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to helping individuals and families obtain the justice they deserve. Our lawyers have over 25 years of experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and to obtain the highest amount of compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolving more efficiently. Judges have also developed specific procedures to assess and resolve these cases.
New York, a state which has its own asbestos court (known as NYCAL) is one of the states. The number of cases filed in this court has grown steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who went bankrupt. The New York Supreme Court created an extra judicial board to oversee NYCAL to stop the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review each case in NYCAL to decide whether or not to take it up with it. Judges will also evaluate the merits of each case to determine how much a plaintiff should receive.
The panel is currently reviewing more than 3,500 lawsuits. The panel is expected make a final decision by the end of this year.
New York asbestos lawsuits are typically complex and often involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex 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 where 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 capacity lawyers devise strategies, manage local and regional 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 Tulsa asbestos lawyer will determine which strategy is best to defend the client against a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises suppliers, manufacturers, contractors, distributors, and property owners on issues involving mesothelioma claims, lung cancer, and other asbestos-related diseases. The firm also works with clients to create internal programs for identifying and addressing potential risks to safety and liability.
Bowles Rice, in addition to its asbestos legal practice in the national level and multi-state asbestos litigation is also the national Coordinating counsel. In this role the firm designs litigation strategies, supervises regional and local counsel, and achieves consistent and cost-effective defense in coordination with client goals. In addition it plays a crucial role in the administration of asbestos dockets, negotiations with counsel for plaintiffs and lead discovery for its clients.
The firm's attorneys are experienced in defending clients against mesothelioma claims and other asbestos-related diseases. Asbestos defense lawyers are familiar with the intricate science involved with these cases, and the particular legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented a variety of manufacturers in asbestos and products liability personal injury cases, defending them as lead trial counsel and in consolidated trials involving multiple claimants. She has extensive experience in litigating asbestos-related lawsuits before federal and state courts as well as various Supreme Court and appellate courts.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about plaintiffs, including medical reports, work histories, and an inventory of asbestos-related products that plaintiffs worked with or around. Vogel was required to use access to the files and was able to review 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 acknowledged nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates closely with plaintiffs' lawyers in the development and execution of settlement agreements. It also has extensive experience defending companies against appeals.