Blog entry by Jose Forand
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer who is a defense attorney for asbestos can help protect those whose financial security has been affected due to exposure to the hazardous mineral. Compensation can cover medical costs funeral and burial costs as well as pain and suffering and lost quality of life.
Our attorneys are involved in the mass litigation of toxic torts on a national, regional and local scale. As our lawyers are well-versed with the particular 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 attorney. A New York asbestos attorney is skilled in dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be a bit complicated, so it's important to have a mesothelioma attorney to assist you.
New York has had a long-running 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 arise out of the recognition that asbestos can cause illnesses like mesothelioma and lung cancer. The companies were aware of the dangers that asbestos posed however, they failed to inform 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. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the community around it.
Mesothelioma can be caused by direct exposure to asbestos and a lot of workers were exposed at work. In addition, exposure to asbestos through secondhand sources can lead to mesothelioma. This includes spouses who wear husband's clothes at work and come in contact with asbestos dust regularly.
The mesothelioma lawsuit can be expensive for defendants, particularly if they are wrongfully named as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. Specialized asbestos law firms typically advertise on daytime TV and encourage victims to submit claims, promising they will receive significant settlements.
Defendants might be able to mitigate some of the costs arising from these cases by argument that their policy terms have expired or they are only responsible for a small percentage of the total claim value. New York law does not have a clear rule on how to divide responsibility when the alleged exposure is part of and outside the insurance policies.
Asbestos-related illnesses
A myriad of asbestos-related illnesses can develop due to exposure to the mineral that causes cancer. The mesothelioma disease is the most serious. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
mesothelioma lawyer is a rare, but fatal illness is caused by asbestos fibers that accumulate in the lungs. They then cause irritation to the linings of the ribcage (the pleura), chest cavity and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs. This is known as asbestosis. It can also lead to thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques or diffuse fibrosis may decrease lung capacity, as determined by a breathing test. They also cause pain and difficulty breathing but they don't lead to cancer or mesothelioma.
Often, symptoms of asbestos-related diseases don't manifest until decades after initial exposure. This is because it could take between 20 to 50 years for the inhalation of asbestos fibers to cause lung damage. The people at risk of developing mesothelioma or any other asbestos-related conditions include workers who handled, cleaned, and removed these materials from their workplaces, as well as spouses and children of asbestos-related exposure.
Other asbestos-related illnesses, in addition to mesothelioma include laryngeal carcinoma and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most dangerous mesothelioma type is ovarian cancer, however it is less frequent than the general mesothelioma. It is diagnosed later than most other mesothelioma types, because it develops in the linings of the reproductive organs. The symptoms may be similar to other diseases.
Many companies used asbestos in the 20th century, however they were aware that it was a risk. If they didn't remove it from their products, thousands of people were exposed. Now, these people have the right to sue for financial compensation. A lot of asbestos-related manufacturers have filed for bankruptcy. This means that the victims are able to seek the compensation they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their employees and their customers for decades making dangerous products, without warning about the risks. These companies are now confronting the consequences of their inattention. People whose lives have been disrupted by mesothelioma, lung cancer and other asbestos-related diseases are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals get the justice they deserve. Our lawyers have over 25 years of experience and have helped our clients receive millions of dollars in 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 where claims can be filed and resolving more efficiently. Judges have also developed specific procedures to assess and resolve these 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 increased steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent former asbestos defendants who have become bankrupt. The New York Supreme Court created an extra judicial board to oversee 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 accept it. Judges will also assess the merits of each claim to determine how much the plaintiff's compensation should be.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected make a final decision at the end of this year.
New York asbestos lawsuits can be complex and involve multiple defendants. Belluck & Fox's lawyers have extensive experience in defending these complicated cases. They are familiar with New York's asbestos courts and their rules regulations, policies and guidelines in addition to other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience in serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in complex, multi-district litigation. In this capacity lawyers formulate strategies, manage local and regional counsel and ensure that they are able to provide consistent and efficient defenses for clients. They have been in close contact with trial judges, coordination judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is the best way to defend the client against a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and property owners on issues that involve mesothelioma attorney claims, lung cancer, and other asbestos-related diseases. The firm also assists clients to create internal programs to identify and addressing safety and liability issues.
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 devises litigation strategies and manages regional and local counsel to ensure a consistent and cost-effective defense in accordance with the client's goals. Additionally it plays an important part in the administration of asbestos dockets and negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's attorneys have extensive trial and appellate experience, defending clients from claims brought by injured claimants, which includes those who claim mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are acquainted with the intricate scientific issues involved in these cases, as and specific legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits and in consolidated cases involving multiple plaintiffs. She has extensive experience in litigating asbestos-related cases before federal and state courts and before a variety of appellate and supreme court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents in 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, a history of work and an inventory 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 recognized nationally for its ability to negotiate settlements on behalf of its clients. The firm has worked closely with plaintiffs' lawyers to draft and implement settlement agreements. The firm also has extensive experience in defending businesses from appeals.