3 Reasons You're Asbestos Defense Attorney Is Broken (And How To Repair It)
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can help protect the financial security of those who have been harmed by exposure to this harmful mineral. Compensation can cover medical costs, funeral and burial costs, loss of quality of life, and pain and suffering.
Our lawyers are local, regional and national counsel in large toxic tort litigation. As as such, we are acquainted with the unique issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can lead to numerous serious medical conditions, such as mesothelioma. A New York asbestos lawyer is skilled in dealing with asbestos lawsuits, which seek financial compensation for the victims and their families who have been exposed to this toxic substance. These cases can be complicated and it's crucial to have a mesothelioma attorney on your side.
New York has had a long-running history of asbestos litigation. Many residents were exposed to this hazardous material. In recent years, there have been more lawsuits filed against former asbestos producers than ever before. These cases are a result of the realization that asbestos is associated with diseases such as mesothelioma and lung cancer. These companies were aware the dangers that asbestos posed however, they failed to inform their employees and customers.
New York City is especially susceptible to diseases caused by asbestos due to its old structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to impact on the surrounding community.
Many workers were exposed to asbestos at work. However, people also get diagnosed with mesothelioma after experiencing exposure to harmful substances. This is especially true for spouses who wear husband's clothing at work and come in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit can be costly for defendants. This is particularly true if they have been wrongly named as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. This niche litigation is often supported by asbestos law firms that promote on daytime TV and entice victims to file claims, with the promise of huge settlements.
The defendants may be able mitigate some of the expenses arising from these cases by arguing that their policy periods have expired or they're only responsible for a small percentage of the total amount of the claim. New York law does not have a clear rule on how to distribute responsibility when the alleged exposure is part of the insurance policies.
Asbestos-Related Illnesses
Exposure to asbestos can cause a wide range of diseases. The condition known as mesothelioma is the most serious. Many people have died from mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma, a rare, but fatal condition is caused by asbestos fibers that collect in the lung. They then irritate the linings of the ribcage (the pleura), chest cavity and abdominal cavity. The inhalation of these tiny fibers can result in scarring of the lungs, a condition known as asbestosis and, sometimes, the development of thickened patches on the pleura referred to as pleural plaques or an enlargement of fibrosis in the pleura known as diffused fibrisis. Pleural plaques and diffused fibrisis reduce lung capacity as determined by breathing tests. They can also cause discomfort and breathing difficulties but they don't cause mesothelioma or cancer.
The symptoms of asbestos-related diseases typically are not evident until years after the initial exposure. It can take up to 50 years for asbestos fibers that are inhaled to cause lung damage. The people at risk of developing mesothelioma and other asbestos-related conditions include workers who handled, laundered and removed asbestos-containing products from the workplace, as well as spouses and children of those exposed to asbestos.
Other asbestos-related diseases, in addition to mesothelioma, include lung cancer and laryngeal carcinoma, peritoneal, ovarian, and peritoneal cancer. The most dangerous form of mesothelioma is ovarian cancer, however it is less frequent than the general mesothelioma. It is diagnosed later than other types of mesothelioma because it is found in the linings of reproductive organs. The symptoms may be similar to other illnesses.
Several companies used asbestos during the 20th century. They were aware that it was a risk. They exposed thousands of people to asbestos when they failed to remove asbestos from their products. These people can now claim financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to seek compensation from trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the safety of their employees and consumers, producing dangerous products, without warning of the dangers. These companies are now facing the consequences of their inattention. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
The lawyers 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 helped clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and to secure maximum compensation for clients.
A number of states have established special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also developed specialized procedures to evaluate and resolve asbestos-related cases.
New York, a state that has its own asbestos court (known as NYCAL), is one of the states. The caseload in this specialty court has been increasing steadily as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos defendants who have become bankrupt. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review every case filed in NYCAL to determine whether or not to accept it. Judges will also assess the merits of each case to determine how much the plaintiff is entitled to.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected issue its final ruling before the end of the year.
New York asbestos lawsuits are typically complex and often involve multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult cases. 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 where they have handled multidistrict litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In El Cajon asbestos lawsuits , attorneys develop strategies, coordinate and manage regional and local counsel and ensure cost-effective, consistent defenses for each client. They have been in close contact with trial judges, coordinating judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best way to defend a client in a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors, and owners of premises on matters concerning mesothelioma-related claims, lung cancer and other asbestos-related diseases. The firm collaborates with clients to develop internal programs to identify and address potential safety and liability concerns.
In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity, the firm develops litigation strategies, supervises local and regional counsel, and provides a cost-effective and consistent defense in coordination with client goals. It also plays a major part in the administration and management of asbestos dockets aswell in negotiations with plaintiffs' lawyers and in coordinating discovery for its client.
The attorneys of the firm have extensive trial and appellate experience in defending clients against claims made by injured claimants, such as those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science associated with these cases, as well as the particular legal issues that arise when defending companies in state and federal courts across the United States.
Catherine has defended numerous manufacturers in asbestos and product liability personal injury cases, representing them as the lead counsel in consolidated trials involving multiple claimants. She has extensive experience litigating asbestos-related lawsuits before the federal and state courts, as well as a variety of appellate and Supreme Court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents to the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential data about the claimants. This included medical reports and work histories, as well as a list asbestos products that plaintiffs worked with or near. Vogel was required to use access to 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 acknowledged nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm collaborates with the lawyers of plaintiffs in the creation and implementation of settlement agreements. Additionally, it has extensive experience defending companies against appeals.