What s Holding Back This Asbestos Defense Attorney Industry
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 injured through exposure to this dangerous mineral. Compensation can cover medical costs, funeral and burial expenses, pain and suffering, and lost quality of life.
Our lawyers are national, regional and local counsel in large toxic tort litigation. This means that we are knowledgeable about the specific issues and complex scientific aspects that are associated with asbestos case cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause severe medical conditions such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek compensation for victims and their families who have been exposed to this toxic substance. These cases can be complicated and therefore it is essential to have an experienced mesothelioma law firm on your side.
New York has had a long history of asbestos litigation, and many residents were exposed to this dangerous material. In recent years, there are more lawsuits filed against former asbestos producers than ever before. These cases are a result of the realization that asbestos can cause illnesses like mesothelioma and lung cancer. These companies were aware of asbestos' dangers however, they failed to inform employees and consumers.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community surrounding it.
Many workers were exposed to asbestos in the workplace. However, some people are diagnosed with mesothelioma as a result of exposure to harmful substances. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came in contact with asbestos dust on a regular basis.
The litigation associated with mesothelioma can be expensive for defendants, especially when they are incorrectly named as a defendant. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This niche litigation is often driven by asbestos law - discover here - firms, which advertise on daytime television and encourage victims to file claims with the promise of huge settlements.
The defendants could be able to reduce the cost of these cases by arguing that their policy periods are expired or that they only have to pay a small portion of the amount claimed. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure is in and out of the insurer's policy periods.
Asbestos-related diseases
A wide range of asbestos-related diseases can develop because of exposure to the toxic mineral. The most serious of these is mesothelioma. Many people have died from mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos fibers that collect in the lungs and cause irritation to the lining of the chest cavity, ribcage, and abdominal cavity (the Pleura). Inhaling these fibers can lead to scarring in the lungs. This is known as asbestosis. It can also result in thickened patches of pleura (pleural plaques) or an increase in fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity, as determined by a breathing test. They can also cause pain and discomfort in breathing, but they are not the cause of cancer or mesothelioma.
Symptoms of asbestos-related disease often do not manifest until decades after the 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 spouses, children and others who were exposed to asbestos are at risk of developing mesothelioma.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most dangerous form of mesothelioma is called ovarian cancer, however it is less frequent than the general mesothelioma. It is usually diagnosed later than other kinds of mesothelioma because it develops in the tissue of the reproductive organs, and the symptoms may be similar to symptoms of other diseases.
Many companies used asbestos in the 20th century, however they knew that it was hazardous. When they failed to remove asbestos from their products, thousands of people were exposed. The affected people are now able to claim financial compensation. Many asbestos-related companies have declared bankruptcy. In the aftermath, victims can seek the compensation they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the security of their employees and consumers, producing dangerous products without warning of the risks. They are now paying the price for their carelessness. Victims of asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete compensation.
The lawyers at Belluck & Fox are dedicated to assisting 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 attorneys work to hold large corporations accountable and obtain the maximum amount of compensation for our clients.
Many states have established special asbestos compensation courts where claims can be filed and resolved more efficiently. Judges have also established special procedures to review and resolve these cases.
New York, a state which has its own asbestos court (known as NYCAL) is one of the states. The caseload in this specialty court has grown steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos defendants who went bankrupt. To ensure that the justice system is not overloaded and overwhelmed, the New York Supreme Court has created an extra judicial panel to oversee NYCAL.
A panel of six Supreme Court judges will review every case filed in NYCAL to decide whether or not to accept it. Judges will also consider the merits of each case to determine how much the plaintiff is entitled to.
The panel is currently reviewing more than 3,500 lawsuits. The panel is expected to announce its final decision by the end of the year.
New York asbestos lawsuits are usually complex and involve multiple defendants. Belluck and Fox's lawyers have vast experience in defending these complicated matters. They are well-versed in the rules regulations, rules, and policies 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 vast experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, lawyers create strategies, coordinate and oversee regional and local counsel and ensure cost-effective, consistent defenses for each client. They have worked closely in the past 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 from a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and 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 safety and liability issues.
Bowles Rice in addition to its asbestos practice in the national level and multi-state asbestos litigation, serves as national Coordinating counsel. In this role the firm formulates litigation strategies, supervises local and regional counsel, and achieves consistent and cost-effective defense, in line with client objectives. It also plays an important role in the administration and management of asbestos dockets, as well as negotiations with plaintiffs' attorneys and coordinating discovery for its client.
The firm's lawyers have experience in defending clients against mesothelioma claims and other asbestos-related diseases. Asbestos defense lawyers are familiar with the intricate science involved with these cases, as well as the particular legal issues that arise when representing companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and personal injury lawsuits involving product liability as well as in consolidated cases involving multiple claimants. She has extensive experience in litigating asbestos claim-related lawsuits in 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 involving respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information on the claimants, such as medical reports, work histories, and the list of asbestos-related products that the plaintiff worked with or around. Vogel was required to have access to these files, and she could also look over the SEAR forms of any case at her current employer.
In addition to its extensive trial and appellate experience as well as its vast 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 works closely with plaintiffs' lawyers in the creation and implementation of settlement agreements. Additionally, it has extensive experience in defending businesses against appeals.
