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
An asbestos defense attorney can assist in ensuring the financial security of those affected by exposure to this harmful mineral. Compensation can cover medical expenses funeral and burial costs, lost quality of life, as well as pain and suffering.
Our attorneys serve as local, regional, and national counsel in mass toxic tort litigation. As such, we are familiar with the particular issues and complex science associated asbestos cases.
New York Asbestos Case Lawsuits
Asbestos is a harmful fiber that can lead to numerous serious medical conditions, including mesothelioma. A New York asbestos attorney is skilled in handling lawsuits seeking financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complicated and therefore it is essential to have a mesothelioma expert law firm by your side.
New York has had a long history with asbestos litigation and many residents were exposed to the dangerous material. In recent times there have been more lawsuits against former asbestos manufacturers than ever before. These cases stem from the recognition of a link between asbestos and diseases like mesothelioma and lung cancer and asbestosis. These companies knew of the dangers of the hazardous mineral, but did not inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its old structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the surrounding community.
Mesothelioma can be caused by direct exposure to asbestos, and many workers were exposed at work. However, people also get diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposed workers who had their husbands' work clothes and came into contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is particularly true if they have been wrongly identified as defendants. According to a study, more that 3,600 claims have been filed in New York courts since 2014, and the number could rise further. This type of litigation is typically fueled by specialized asbestos law firms, which advertise on daytime television and encourage victims to file claims with the promise of large settlements.
The defendants may be able reduce some of the costs associated with these cases by argument that their policy terms have expired or they are only accountable for a small percentage of the claim value. However, New York law has not set out a clear policy regarding how to allocate liabilities when the alleged exposure occurs partly in and out of the policy period of the insurer.
Asbestos-related Illnesses
A myriad of asbestos-related illnesses can be triggered due to exposure to the harmful mineral. The most severe condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and pleural 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 can cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the pleura). The inhalation of these small fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the development of thickened patches on the pleura called pleural plaques or the more widespread fibrosis of the pleura called diffused pleural fibrisis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They can also cause breathing problems and pain however they do not lead to cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases do not manifest until decades 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 the workplace and their spouses, children, and others exposed to asbestos are at risk for developing mesothelioma.
As well as mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma, and ovarian mesothelioma. Ovarian cancer is the most fatal mesothelioma that women suffer from however, it is much less common than mesothelioma in general. It is typically diagnosed later than other types of mesothelioma since it develops in the tissues of the reproductive organs and symptoms can be similar to those of other illnesses.
Several companies used asbestos compensation during the 20th century. They knew it was a risk. They exposed thousands of people to asbestos because they didn't remove it from their products. Now, these people have the right to claim financial compensation. Many asbestos-related companies are bankrupt. This means that the victims can seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the security of their employees and consumers, manufacturing hazardous products without warning of the dangers. They are now paying the price for their carelessness. People whose lives have been disrupted by mesothelioma, cancer of the lung, and other asbestos-related illnesses are seeking full and fair settlement.
Belluck & Fox is dedicated to helping families and individuals get 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 attorneys work to hold large corporations accountable and seek maximum compensation for clients.
Many states have established special asbestos courts, where claims can be filed more efficiently. Additionally judges have developed specific procedures for evaluating and resolving asbestos cases.
New York is one such state with its own asbestos court known as NYCAL. The number of cases in this court has grown steadily, as more and more asbestos victims seek compensation from solvent former asbestos defendants who have become bankrupt. The New York Supreme Court created an additional judicial board that will supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case filed in NYCAL to determine whether or not to take it up with it. Judges will also consider the merits of every claim to determine the amount of money each plaintiff should receive.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected to announce its final decision before the end of the year.
New York asbestos lawsuits are often complex and include allegations of multiple defendants. Belluck and Fox's lawyers have a wealth of experience in litigating these complex issues. They are knowledgeable of 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 role, attorneys create strategies, coordinate and manage local and regional counsel, and ensure consistent and cost-effective defenses for each client. They have been in close contact with trial judges, coordination judges, and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is best to defend the client against a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and distributors, contractors, and owners of premises on matters involving mesothelioma claims, lung cancer, and other asbestos-related illnesses. The firm also works with clients to create internal programs to identify and addressing potential safety and liability concerns.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice devises litigation strategies and manages regional and local counsel to ensure a uniform and cost-effective defense in accordance with the client's objectives. In addition it plays an important part in the administration of asbestos dockets and negotiations with plaintiffs' counsel and lead discovery for its clients.
The firm's lawyers have experience in defending clients against claims of mesothelioma and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the complex research and technology involved in these cases, as and particular legal issues that arise while defending companies before state and federal courts throughout the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, defending them as the lead trial counsel in consolidated trials that involved multiple claimants. She has extensive experience litigating asbestos-related lawsuits in the federal and state courts, as well as various Supreme Court and appellate courts.
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 about plaintiffs, such as medical reports, work history, and a list of asbestos claim products that plaintiffs worked with or around. Vogel was required to use a password to access these files and could review the SEAR forms of any case she had with her current employer.
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 preparation and execution of settlement agreements, and it has extensive experience in defending businesses against appeals.
