14 Common Misconceptions Concerning Asbestos Defense Attorney

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 due to exposure to the hazardous mineral. Compensation can cover medical expenses funeral and burial expenses as well as pain and suffering and the loss of quality of life.

Our lawyers serve as local, regional, and national counsel in massive toxic tort litigation. As our lawyers are well-versed with the unique issues and complicated science associated with 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 skilled in dealing with lawsuits that seek the financial compensation of those affected by asbestos exposure and their families. These cases can be extremely complex and it is crucial to have a mesothelioma expert law firm by your side.

New York has a long history of asbestos litigation and many residents have been exposed to the dangerous substance. In recent times there have been more lawsuits against former asbestos producers than ever before. These cases are a result of the recognition that asbestos is linked to illnesses like mesothelioma and lung cancer. These companies knew of the dangers of the hazardous mineral, but didn't warn their employees and consumers.

New York City is especially susceptible to diseases caused by asbestos due to its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the surrounding community.

Mesothelioma can be caused by exposure to asbestos directly, and many workers were exposed to it in the workplace. However, some people are diagnosed with mesothelioma following 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 regularly.

The mesothelioma litigation can be expensive for defendants, particularly when they are incorrectly named as a defendant. According to an investigation, more than 3,600 claims have been filed in New York courts since 2014 and the number could increase further. Specialized asbestos law firms often advertise on television during the day and encourage victims to file claims, promising they will receive significant settlements.

The defendants could be able to reduce some of the costs of these cases by arguing that their policy periods are overdue or that they are only responsible for only a small percentage of the value of the claim. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure occurs within and outside the insurance company's policy.

Asbestos-Related Illnesses

A myriad of asbestos-related illnesses can develop due to exposure to the harmful mineral. The most serious condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.

Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that accumulate in the lungs and irritate 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 development of thickened patches on the pleura called plaques of pleura or a more widespread fibrosis of the pleura known as diffused fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They can also cause pain and difficulty in breathing, but they don't cause cancer or mesothelioma.

Symptoms of asbestos-related disease often don't manifest until decades after the initial exposure. It can take up to 50 years for asbestos fibers that are inhaled to cause lung damage. People at risk of developing mesothelioma or other asbestos-related conditions include workers who handled, washed and removed asbestos-containing materials from their workplaces and their spouses and children of those who were exposed to asbestos.

Other asbestos-related illnesses, in addition to mesothelioma include laryngeal cancer and lung cancer and peritoneal, ovarian and peritoneal cancer. The most dangerous mesothelioma type is ovarian cancer, however it is less frequent than the general mesothelioma. It is typically diagnosed later than other types of mesothelioma because it is a cancer that develops in the tissue of the reproductive organs and symptoms can be similar to those of other illnesses.

A number of companies used asbestos in the 20th century. They knew it was hazardous. They exposed thousands of people to asbestos when they didn't eliminate asbestos from their products. The affected people are now able to claim financial compensation. A lot of asbestos-related manufacturers have declared bankruptcy. The victims are now able to claim compensation from the trust funds created by bankruptcy courts.

Asbestos Litigation in New York

For decades, asbestos companies have placed profits over the safety of their employees and consumers, manufacturing hazardous products without warning of the dangers. They are now facing the consequences of their inattention. People whose lives have been disrupted by mesothelioma and lung cancer and other asbestos-related diseases are seeking fair and full settlement.

The attorneys at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. Our lawyers have over 25 years of experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to obtain the maximum amount of compensation for our clients.

Many states have set up special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also developed special procedures to review and resolve such cases.

New York, a state which has its own asbestos court (known as NYCAL), is one of them. The number of cases filed in this court has been increasing steadily as asbestos victims are becoming more and more likely to seek compensation from solvent former asbestos defendants who went bankrupt. In order to ensure that the justice system isn't overloaded and overwhelmed, the New York Supreme Court has ordered the creation of an additional judicial panel that will supervise NYCAL.

A panel of six Supreme Court judges will review each case in NYCAL to determine whether or not to accept it. Judges will also evaluate the merits of every claim to determine the amount of the plaintiff's compensation should be.

The panel is currently looking at more than 3500 lawsuits. The panel is expected to make a final decision at the end of this year.

New York asbestos lawsuits can be complex and involve several defendants. Belluck and Fox's lawyers have vast experience in the litigation of these difficult cases. They are well-versed in the asbestos courts of New York as well as their rules regulations, policies and guidelines and other jurisdictions in which they have handled multi-district litigation.

The firm also has extensive experience serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this role, attorneys create strategies, coordinate and oversee regional and local counsel, and ensure cost-effective, consistent defenses for every client. They have been in close contact with trial judges, coordinating judges, and litigation special masters from various jurisdictions.

Representation of Plaintiffs

A skilled Tulsa asbestos defense lawyer will determine the best strategy to defend a client against a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors, and premises owners on matters that involve mesothelioma claims, lung cancer and other asbestos attorney-related diseases. The firm works with clients on developing internal programs to determine and resolve potential liability and safety issues.

Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation, is also the national Coordinating Counsel. In this capacity, Bowles Rice develops litigation strategies and oversees local and region counsel to ensure a consistent and cost-effective defence in coordination with the client's goals. It also plays a significant role in the administration and management of asbestos dockets as well in negotiations with plaintiffs' lawyers and in coordinating discovery for its client.

The firm's attorneys are experienced in defending clients against mesothelioma claims and other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved in these cases as in addition to particular legal issues that arise when representing companies in federal and state courts across the United States.

Catherine has represented a variety of manufacturers as the lead counsel in asbestos and product liability personal injury lawsuits and in cases that have been consolidated involving multiple claimants. She has extensive experience in arguing asbestos-related lawsuits before the state and federal courts as well as various appellate and Supreme Court bodies.

During her time at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about plaintiffs, such as medical reports, a history of work and a list of asbestos products that the plaintiff worked with or around. Vogel was required to use access to the files and was able to review the SEAR forms of any case with 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 successfully reach settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to create and implement settlement agreements. The firm also has extensive experience defending businesses against appeals.