14 Common Misconceptions About 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 help protect those who's financial security was affected by exposure to the harmful mineral. Compensation may cover medical costs funeral and burial expenses, pain and suffering, and loss of 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 the complex science that go along asbestos cases.

New York Asbestos Lawsuits

Asbestos fibers can be deadly and can trigger serious medical conditions like mesothelioma. A New York asbestos attorney is experienced in dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be complicated and therefore it is essential to have a mesothelioma attorney to assist you.

New York has had a long history of asbestos litigation, and many residents were exposed to this hazardous substance. In recent years there have been more lawsuits against asbestos producers from the past than before. These cases stem from the recognition of a connection between asbestos and certain diseases such as mesothelioma, lung cancer and asbestosis. 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 illnesses caused by asbestos due to its old structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.

Mesothelioma is triggered by direct exposure to asbestos, and many workers were exposed to it in the workplace. However, people also get diagnosed with mesothelioma after experiencing secondhand exposure to the harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came in contact with asbestos dust on a regular basis.

The mesothelioma lawsuit can be costly for defendants. This is particularly the case if they were 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. Specialized asbestos law firms typically advertise on television during the day and encourage victims to submit claims with the promise that they will receive significant settlements.

The defendants may be able reduce some of the costs arising from these cases by asserting that their policy periods have expired or they're only responsible for a tiny percentage of the total claim value. New York law does not provide a definitive rule on how to allocate liability when the alleged exposure is part within and part outside of the insurance policies.

Asbestos-related Diseases

A variety of asbestos-related illnesses can develop because of exposure to the harmful mineral. The condition known as mesothelioma is the most serious. Many have died from mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and the pleural effusion.

Mesothelioma is a rare but fatal illness is caused by asbestos fibers which are found in the lungs. They then cause irritation to the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. The inhalation of these tiny fibers can cause scarring to the lungs known as asbestosis and sometimes the development of thickened patches on the pleura referred to as plaques on the pleura, or an enlargement of fibrosis in the pleura, referred to as diffused pleural fibrisis. Pleural plaques or diffuse fibrosis may decrease lung capacity, as measured by a breath test. They also cause discomfort and breathing difficulties, though they do not lead to cancer or mesothelioma.

Often, symptoms of asbestos-related illnesses don't show up until decades after the initial exposure. It could take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces as well as children, spouses and others who were exposed to asbestos are at risk for developing mesothelioma.

Other asbestos-related diseases in addition to mesothelioma lawsuits, include laryngeal cancer and lung cancer, peritoneal, ovarian, and peritoneal cancer. The most dangerous mesothelioma lawyer type is ovarian cancer, however it is less prevalent than mesothelioma attorneys in general. It is diagnosed later than other types of mesothelioma because it develops in the linings of reproductive organs. The symptoms may be similar to other diseases.

Many companies employed asbestos in the 20th century, but they were aware that it was a risk. When they failed to remove asbestos from their products thousands of people were exposed. These people now have the right to claim financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to claim compensation from the trust funds created by bankruptcy courts.

Asbestos Litigation in New York

Asbestos companies have put profit over the safety of their workers and customers for a long time creating dangerous products without warning about the risks. They are now paying the price for their inattention to. People who have suffered from asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete compensation.

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

Many states have established special asbestos courts in which claims can be filed and resolved more efficiently. In addition judges have developed specific procedures to evaluate and resolve asbestos cases.

New York is one such state that has its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt and have been unable to pay, the workload of this court has been steadily increasing. 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 comprised 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 each case to decide how much money a plaintiff should receive.

The panel is currently examining more than 3500 lawsuits. The panel is expected issue its final decision before the end of the year.

New York asbestos lawsuits can be complex and involve several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex issues. They are well-versed in 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 vast experience in serving as National Coordinating Counsel in asbestos litigation, representing clients across the country in multi-district, complex litigation. In this role, attorneys create strategies, coordinate and oversee local and regional counsel, and ensure consistent and cost-effective defenses for every client. They have worked closely with trial and coordination judges and special masters of litigation in various jurisdictions where they were involved in asbestos litigation.

Representation of Plaintiffs

A Tulsa asbestos lawyer will decide which strategy is best to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors and property owners on issues that involve mesothelioma lawyers claims, lung cancer, and other asbestos-related illnesses. The firm collaborates with clients on developing internal programs to resolve potential liability and safety issues.

In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm designs litigation strategies, supervises regional and local counsel, and ensures a consistent and cost-effective defense in coordination with client goals. It also plays an important part in the administration and management of asbestos dockets as well as negotiations with plaintiffs' attorneys and leading discovery for its client.

The firm's attorneys have extensive trial and appellate experience defending clients against claims by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are familiar with complex scientific issues involved in these cases, as well as particular legal issues that arise while defending companies before federal and state courts across the United States.

Catherine has represented a variety of companies in asbestos and products liability personal injury cases, defending them as the lead counsel in consolidated trials that involved multiple plaintiffs. She has a wealth of experience arguing asbestos-related lawsuits before federal and state courts, as well as a variety of appellate and Supreme Court bodies.

While at Brobeck, Vogel worked on asbestos cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information on the plaintiffs, including medical reports, work history and a list of asbestos products that plaintiffs worked with or around. Vogel was required to use a password to access these files and could look over the SEAR forms of any case with her current employer.

The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is nationally recognized for its ability to reach settlements on behalf of its clients. In this capacity, the company works closely with lawyers representing plaintiffs in the creation and implementation of settlement agreements. It also has a vast experience in defending companies against appeals.