What s Holding Back The Asbestos Defense Attorney Industry

An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral

A defense attorney for asbestos can assist those whose financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses funeral and burial costs, pain and suffering, and the loss of quality of life.

Our attorneys are involved in mass toxic tort litigation on a regional, national and local scale. As our lawyers are well-versed with the unique issues and complicated science associated asbestos lawyers cases.

New York Asbestos Lawsuits

Asbestos is a harmful fiber that can cause numerous serious medical conditions, such as mesothelioma. A New York asbestos attorney is adept at handling lawsuits to seek 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 a mesothelioma expert lawyer on your side.

New York has a long history of asbestos litigation and many residents have been exposed to this dangerous substance. In recent years there have been more lawsuits against former asbestos manufacturers than ever before. These cases are a result of the realization that asbestos is linked to illnesses like mesothelioma and lung cancer. These companies were aware asbestos' dangers however, they failed to inform their employees and customers.

New York City is especially vulnerable to illnesses caused by asbestos because of its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to impact on the surrounding community.

Mesothelioma can be caused by direct exposure to asbestos, and many workers were exposed to it at work. However, some people are diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came in contact with asbestos dust regularly.

Mesothelioma-related litigation can be expensive for defendants. This is especially true if they have been incorrectly identified as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This type of litigation is typically supported by asbestos law firms, which advertise on daytime television and encourage victims to file claims, with the promise of huge settlements.

The defendants might be able to reduce the cost of these cases by arguing that their policy periods are overdue or that they are only responsible for only for a small proportion of the value of the claim. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure occurs partly outside of the insurer's policy periods.

Asbestos-Related Illnesses

A variety of asbestos-related illnesses can be triggered because of exposure to the harmful mineral. The condition known as mesothelioma is the most serious. Many have died from mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and pleural effusion.

Mesothelioma is a rare but fatal disease caused by exposure to asbestos fibers which accumulate in the lungs, and can cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the pleura). The inhalation of these tiny fibers can cause scarring of the lungs, a condition known as asbestosis and occasionally, the formation of thickened patches on the pleura referred to as pleural plaques or an enlargement of fibrosis in the pleura known as diffused fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity, as determined by a breathing test. They can also cause pain and difficulties in breathing, but they are not the cause of cancer or mesothelioma.

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. Workers who handled, cleaned and removed asbestos from their workplaces as well as children, spouses and other people who are exposed to asbestos are at risk of developing mesothelioma.

Other asbestos attorney-related illnesses, apart from mesothelioma, include lung cancer and laryngeal carcinoma and peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the most fatal form of mesothelioma for women however, it is much less common than mesothelioma general. It is diagnosed later than other types of mesothelioma because it is found in the linings of the reproductive organs. The symptoms may be similar to other illnesses.

Many companies employed asbestos in the 20th century, however they were aware that it was a risk. They exposed thousands of people to asbestos because they didn't eliminate it from their products. Now, those exposed have the right to claim financial compensation. Many asbestos-related companies have gone bankrupt. The victims are now able to claim compensation from trust funds created by bankruptcy courts.

Asbestos Litigation in New York

Asbestos companies have put profits over the safety of their workers and consumers for decades creating dangerous products without warning of the dangers. They are now facing the consequences of their negligence. People who have suffered from asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete compensation.

Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. Our lawyers 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 seek maximum compensation for our clients.

Many states have created asbestos courts with specialization, where claims can be filed more efficiently. In addition, judges have established specialized procedures to evaluate and resolve asbestos cases.

New York is one such state, with its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants who have been bankrupt and have been unable to pay, the workload of the court has steadily increased. The New York Supreme Court created a special 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 to accept or reject it. Judges will also evaluate the merits of each case to decide how much money a plaintiff should receive.

The panel is currently reviewing more than 3500 lawsuits. The panel is expected to make a final decision before the end of the year.

New York asbestos lawsuits are usually complex and involve allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult matters. They are well-versed in 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 in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this capacity lawyers devise strategies, oversee local and regional counsel and ensure consistent and efficient defenses for clients. They have worked closely in the past 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 an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and premises owners in matters involving claims of mesothelioma, lung cancer and other asbestos-related diseases. The firm also assists clients to develop internal programs for identifying and addressing any risks to safety and liability.

In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role, the firm develops litigation strategies, manages regional and local counsel and achieves consistent and cost-effective defense that is in sync with client goals. Additionally it plays a crucial part in the administration of asbestos dockets and negotiations with plaintiffs' counsel and lead discovery for its clients.

The attorneys of the firm have a wealth of trial and appellate experience, defending clients from claims brought by injured claimants, such as those who claim mesothelioma and 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 in state and federal courts across the United States.

Catherine has represented a variety of manufacturers in asbestos and products liability personal injury cases, representing them as the lead counsel in consolidated trials involving a variety of claimants. She has extensive experience in litigating asbestos-related cases in state and federal courts as well as before a variety of appellate and supreme court bodies.

During her time at Brobeck, Vogel worked on asbestos lawsuit cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about 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 an account password to access the files. Then, she could review any SEAR forms that she received from 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 negotiate settlements for clients. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. It also has a wealth of experience in defending businesses from appeals.