10 Misconceptions Your Boss Has Regarding 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 harmed through exposure to this dangerous mineral. Compensation could cover medical expenses funeral and burial costs, lost quality of life, as well as pain and suffering.
Our attorneys are involved in mass toxic tort litigation on a national, regional and local scale. This means that we are familiarized with the unique issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to numerous serious medical conditions, such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek financial compensation for the victims and their families for exposure to this harmful substance. These cases can be extremely complex, and it is critical to have an experienced mesothelioma lawyer on your side.
New York has had a long history with asbestos litigation. Many residents were 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 that asbestos posed however, they failed to inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related ailments due to its old structures and a myriad of construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the community surrounding it.
Mesothelioma is caused by direct exposure to asbestos, and many workers were exposed to asbestos in the workplace. However, people also get diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses who wear husband's clothing to work and come into contact with asbestos dust on a regular basis.
The mesothelioma lawsuit; read this post from Theflatearth, is costly 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 is expected to increase further. The asbestos law firms that specialize in asbestos often advertise on TV during the day and encourage victims to submit claims, promising they will receive significant settlements.
The defendants might be able to reduce the cost of these cases by arguing that their policies are in a lapse or that they are only responsible for only a small percentage of the amount claimed. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure is outside of the policy period of the insurer.
Asbestos-related Diseases
A myriad of asbestos-related illnesses can develop because of exposure to the harmful mineral. The mesothelioma lawsuits disease is the most serious. Many people have died due to mesothelioma. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare, but fatal illness, is caused by asbestos fibers which accumulate in the lungs. They then irritate the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs. This is known as asbestosis. It can also cause thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity, as measured by breathing tests. They also cause pain and difficulty breathing but they don't lead to cancer or mesothelioma attorneys.
Most of the time, symptoms of asbestos-related diseases do not show up until decades after the initial exposure. It can take up to 50 years for asbestos fibers that are inhaled to cause lung damage. The people at risk of developing mesothelioma lawsuits or any other asbestos-related ailments include those who handled, laundered and removed asbestos-containing products from their workplaces and spouses and children of those who were exposed to asbestos.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and ovarian mesothelioma. The most fatal form of mesothelioma is ovarian cancer, but it's less frequent than the general mesothelioma. It is diagnosed later than other types of mesothelioma because it occurs within the linings of reproductive organs. Symptoms can be similar to those of other illnesses.
Many companies employed asbestos during the 20th century. They were aware that it was dangerous. They exposed thousands of people to asbestos if they didn't eliminate asbestos from their products. They can now sue for financial compensation. Many of the asbestos-related manufacturers have declared bankruptcy. In the aftermath, victims are able to seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit over the safety of their workers and consumers for decades, producing hazardous products without warning about the risks. They are now paying for their negligence. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full settlement.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our attorneys have more than 25 years 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 seek the highest amount of compensation for our clients.
A number of states have set up asbestos courts with specialization, where claims can be filed more efficiently. Judges have also developed specialized procedures to evaluate and resolve asbestos-related cases.
New York, a state that has its own asbestos court (known as NYCAL), is one of them. The number of cases in this court has increased steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. The New York Supreme Court created an extra judicial board to oversee NYCAL in order to keep the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court Judges will review each case to determine if it is accepted or not. Judges will also evaluate the merits of each case to determine how much a plaintiff should be awarded.
Currently, the panel is looking into more than 3500 lawsuits. The panel is expected to announce its final decision by the end this year.
New York asbestos lawsuits can be complex and can involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated matters. They are knowledgeable of the asbestos courts in New York as well as their rules regulations, policies and guidelines and other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this capacity lawyers formulate strategies, manage local and regional counsel and ensure that they are able to provide consistent and efficient defenses for clients. They have worked closely with trial judges, coordinating judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is most effective to defend the client from a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises suppliers, manufacturers, contractors, distributors and owners of premises on matters that involve mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing any risks to safety and liability.
Bowles Rice in addition to its asbestos practice across the country and multi-state asbestos litigation, serves as national Coordinating counsel. In this role Bowles Rice devises litigation strategies and manages regional and local counsel to ensure a consistent and cost-effective defence in coordination with the client's objectives. In addition, it plays a key role in the management of asbestos dockets and negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm's lawyers are skilled in defending clients from mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, and the unique legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented a variety of manufacturers as lead counsel in asbestos and product liability personal injury lawsuits and in consolidated cases involving multiple plaintiffs. She has a wealth of experience arguing asbestos-related lawsuits before the state and federal courts, as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information on the plaintiffs, such as medical reports, work history, and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel was required to have a password to access the files and was able to look over 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 well-known throughout the country for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm collaborates with lawyers representing plaintiffs in the development and execution of settlement agreements. It also has a vast experience in defending companies against appeals.
