20 Fun Facts 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 who is a defense attorney for asbestos can protect those whose financial security has been affected by exposure to the harmful mineral. Compensation can cover medical costs funeral and burial costs, pain and suffering, and the loss of quality of life.
Our attorneys are involved in the mass litigation of toxic torts on a national, regional and local scale. We are well-versed in the unique issues and the complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can trigger serious medical conditions, such as mesothelioma. A New York asbestos attorney is adept at handling lawsuits seeking financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complex and therefore it is essential to have a reputable mesothelioma lawsuit law firm on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to this hazardous material. In recent times, there have been more lawsuits against former asbestos producers than ever before. These cases stem from the recognition of a link between asbestos and diseases such as mesothelioma and lung cancer and asbestosis. The companies were aware of the dangers of the asbestos-containing mineral, yet they didn't inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related ailments because of its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community around it.
Mesothelioma is caused by exposure to asbestos in direct contact and many workers were exposed to asbestos in the workplace. In addition, exposure to asbestos through secondhand sources can result in mesothelioma. This includes spouses of asbestos-exposure workers who wore their husband's work clothes and came in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit is costly for defendants, particularly if they are wrongfully named as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. This type of litigation is typically fueled by specialized asbestos law firms, which advertise on television during the day and encourage victims to file claims, with the promise of huge settlements.
Defendants may be able to mitigate some of the expenses arising from these cases by asserting that their policy periods expire or they are only accountable for a small percentage of the total amount of the claim. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure occurs partly within and outside the insurer's policy periods.
Asbestos-related diseases
Exposure to asbestos can trigger many different illnesses. The most serious of these is mesothelioma. Many people have died from mesothelioma. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare, but fatal condition, is caused by asbestos fibers that collect in the lung. They then irritate the linings of the ribcage (the Pleura), chest cavity and abdominal cavity. The inhalation of these tiny fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the development of thickened patches on the pleura referred to as pleural plaques or the more widespread fibrosis of the pleura called diffused pleural fibrosis. Pleural plaques or diffuse fibrosis may reduce lung capacity, as measured by breathing test. They can also cause pain and discomfort in breathing, but they are not the cause of mesothelioma or cancer.
Often, symptoms of asbestos-related diseases 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 the workplace as well as spouses, children, and others exposed to asbestos are at risk for developing mesothelioma lawsuit.
As well as mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma and mesothelioma of the ovary. Ovarian cancer is the deadliest mesothelioma that women suffer from, but it is less prevalent than mesothelioma in general. It is often diagnosed later than other types of mesothelioma because it develops in the tissues of the reproductive organs and the symptoms can be similar to those of other diseases.
Many companies employed asbestos during the 20th century. They knew it was dangerous. They exposed thousands of people to asbestos when they didn't remove it from their products. Now, those exposed have the right to claim financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. The victims can now seek compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit over the safety of their employees and consumers for decades creating dangerous products without warning about the risks. They are now facing the consequences of their negligence. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have established asbestos courts with specialization, where claims can be filed more efficiently. Judges have also created specialized procedures to evaluate and resolve asbestos-related cases.
New York is one such state that has its own asbestos court, known as NYCAL. The number of cases filed in this court has grown steadily, as increasing numbers of 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 accept it. Judges will also consider the merits of each claim to determine the amount 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 allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex matters. They are well-versed in 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 develop strategies, coordinate and oversee regional and local counsel and ensure cost-effective and consistent defenses for every client. They have been in close contact with trial judges, coordinating judges and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best way to defend a client from an asbestos-related personal injury claim. The Bowles Rice Asbestos Team advises manufacturers, suppliers and distributors, contractors, and premises owners on matters that involve mesothelioma claims, lung cancer, and other asbestos-related illnesses. The firm also works with clients to create internal programs to identify and addressing any safety and liability issues.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity, Bowles Rice develops litigation strategies and oversees local and region counsel to ensure a uniform and cost-effective defence in coordination with the client's objectives. Additionally it plays a crucial role in the management of asbestos dockets as well as negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's attorneys have extensive trial and appellate experience in defending clients against claims made by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex research and technology involved in these cases as well as unique legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has represented a variety of companies in asbestos and products liability personal injury cases, defending them as the lead trial counsel in consolidated trials involving a variety of claimants. She has extensive experience in litigating asbestos-related lawsuits before the federal and state courts as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents in the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short Evaluative Reports Encapsulated), which contained confidential information about the plaintiffs. These included medical reports and work histories, as well as a list asbestos products that plaintiffs used or worked near. Vogel was required to use an account password to access these files and could look over the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in appellate and trial work, is recognized nationally for its ability to negotiate settlements for its clients. The firm has worked closely with plaintiffs’ lawyers to draft and implement settlement agreements. It also has a wealth of experience in defending businesses from appeals.