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 lawyer for asbestos defense can help protect those who's financial security has been affected by exposure to the toxic mineral. Compensation may cover medical costs funeral and burial costs as well as pain and suffering and loss of quality of life.
Our attorneys serve as local, regional and national counsel in large toxic tort litigation. We are knowledgeable about the specific issues and complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause severe medical conditions, such as mesothelioma. A New York asbestos attorney is adept at handling lawsuits seeking financial compensation for victims of asbestos exposure and their families. These cases can be extremely complex, and it is critical to have an experienced mesothelioma law firm by your side.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous material. In recent years there have been more lawsuits filed against asbestos producers from the past than before. These cases are the result of the realization that asbestos is linked to illnesses like mesothelioma and lung cancer. These companies knew of the dangers associated with the asbestos-containing mineral, yet they failed to warn their employees and consumers.
The New York City area is particularly prone to asbestos-related diseases due to its old structures and a myriad of construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the community around it.
Mesothelioma is caused by exposure to asbestos in direct contact and a lot of workers were exposed to it in the workplace. However, people also get diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses who wear their husband's clothes at work and come in contact with asbestos dust frequently.
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 lawsuits have been filed in New York courts since 2014, and the number could increase further. This kind of litigation is usually fueled by specialized asbestos law firms that advertise on daytime television and encourage victims to file claims with the promise of substantial settlements.
The defendants might be able to reduce some of the costs of these cases by arguing that their policy periods are expired or that they only have to pay only for a small proportion of the value of the claim. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure occurs outside of the policy period of the insurer.
Asbestos-related Diseases
Exposure to asbestos can lead to various illnesses. The mesothelioma disease is the most severe. Many people have died from mesothelioma. 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, is caused by asbestos fibers which collect in the lung. They then irritate the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. Inhaling these tiny fibers can cause scarring to the lungs known as asbestosis and occasionally, the development of thickened patches on the pleura referred to as pleural plaques or an enlargement of fibrosis in the pleura, referred to as diffused pleural fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity, as measured by a breath test. They can also cause pain and difficulty breathing but they don't cause mesothelioma attorney or cancer.
Most of the time, symptoms of asbestos-related diseases do not appear until decades after the initial exposure. This is because it can take between 20 to 50 years for inhalation of asbestos fibers to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace and their spouses, children and others who were exposed to asbestos are at risk for developing mesothelioma.
In addition to mesothelioma lawyers other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma of the ovary. Ovarian cancer is among the most deadly mesothelioma that women suffer from however, it is much less common than mesothelioma in general. It is diagnosed later than most other types of mesothelioma attorney, because it occurs in the linings of the reproductive organs. Symptoms can be similar to 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. Now, these people are able to seek financial compensation. Many of the asbestos-related manufacturers have gone bankrupt. As a result, the victims can seek the money they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the safety of their employees as well as consumers, manufacturing hazardous products, without warning of the risks. These companies are now paying the price for their negligence. People who have suffered from life-altering issues caused by mesothelioma, cancer of the lung and other asbestos-related diseases are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and to secure the highest amount of compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolving more efficiently. Judges have also created special procedures to review and resolve these cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants who have gone bankrupt and have been unable to pay, the workload of this special court has been steadily increasing. To ensure that the justice system does not get overloaded, the New York Supreme Court has established an extra judicial panel to supervise NYCAL.
A panel of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also consider the merits of each case to determine the amount a plaintiff should be awarded.
The panel is currently examining more than 3500 lawsuits. The panel is expected make a final decision at the end of this year.
New York asbestos lawsuits can be complicated and can involve multiple defendants. Belluck and Fox's lawyers have a wealth of experience in the litigation of these difficult matters. They are familiar with the rules regulations, policies, and procedures of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.
The firm also has vast experience as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district litigation that is complex and complex. In this capacity lawyers devise strategies, oversee regional and local counsel, and ensure that they are able to provide consistent and efficient defenses for clients. They have worked closely with coordinating and trial judges and special masters of litigation in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best approach to defend a client from a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and property owners in cases involving claims for mesothelioma, lung cancer, and other asbestos-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing risks to safety and liability.
Bowles Rice in addition to its national asbestos practice and multi-state asbestos litigation is also the national Coordinating counsel. In this role, Bowles Rice develops strategies for litigation and supervises local and region counsel to ensure a consistent and cost-effective defence in coordination with the client's objectives. It also plays an important role in the administration and management of asbestos dockets as well in negotiations with plaintiffs' attorneys and coordinating discovery for its client.
The firm's attorneys have extensive trial and appellate experience defending clients from claims brought by injured claimants, including those who claim mesothelioma and other asbestos-related diseases. Asbestos defense attorneys are familiar with complex scientific issues involved in these cases, as in addition to unique legal issues that arise while defending companies before 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 as well as in cases that have been consolidated 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.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short Evaluative Reports Encapsulated), which contained confidential information about the claimants. This included medical reports, work histories, and the list of asbestos-related products that plaintiffs used or worked near. Vogel required a password in order to access the files. She could then go through any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in trial and appellate work, is recognized nationally for its ability to successfully negotiate settlements for its clients. In this capacity, the company collaborates closely with plaintiffs' lawyers in the development and execution of settlement agreements. It also has extensive experience defending companies against appeals.