Indisputable Proof Of The Need For 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 by exposure to the harmful mineral. Compensation can cover medical costs, funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our lawyers are involved in the mass litigation of toxic torts at a national, regional and local scale. As as such, we are acquainted with the specific issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can trigger a variety of severe medical conditions, including mesothelioma. A New York asbestos attorney is skilled in dealing with lawsuits that seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be extremely complex, and it is critical to have a reputable mesothelioma lawyer on your side.
New York has a long history of asbestos litigation and many residents have been exposed to this hazardous material. In recent years there have been more lawsuits against asbestos producers from the past than before. These cases are a result of the recognition that asbestos is linked to diseases such as mesothelioma and lung cancer. The companies were aware of asbestos's dangers, but failed to warn employees and consumers.
New York City is especially vulnerable to illnesses caused by asbestos due to its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the surrounding community.
Many workers were exposed asbestos in the workplace. However, people also get diagnosed with mesothelioma after experiencing 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 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. This type of litigation is typically fueled by specialized asbestos law firms that advertise on daytime TV and entice victims to file claims, with the promise of huge settlements.
The defendants could be able to reduce some of the costs of these cases by arguing their policy periods are overdue or that they are only responsible only a small percentage of the claim value. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure is within and outside the policy period of the insurer.
Asbestos-Related Illnesses
A wide range of asbestos-related illnesses can develop because of exposure to the toxic mineral. The mesothelioma condition is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma, a rare, but fatal condition, is caused by asbestos fibers which accumulate in the lung. They then cause irritation to the linings of the ribcage (the pleura), chest cavity and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs, called asbestosis. It can also cause thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques or diffuse fibrosis could reduce lung capacity as measured by a breath test. They can also cause pain and discomfort in breathing, however they don't cause cancer or mesothelioma.
The majority of the time, signs of asbestos-related illnesses don't manifest until decades after initial exposure. This is because it could take between 20 to 50 years for exposure to asbestos fibers to cause lung damage. Workers who handled, cleaned, and removed asbestos from the workplace and their spouses, children, and others exposed to asbestos are at risk of developing mesothelioma.
As well as mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most deadly form of mesothelioma is called ovarian cancer, however it is less common than the general mesothelioma. It is diagnosed later than most other types of mesothelioma lawsuit because it is found in the linings of the reproductive organs. The symptoms may be similar to other diseases.
Many companies employed asbestos in the 20th century, however they knew that it was hazardous. They exposed thousands of people to asbestos if they didn't remove it from their products. The affected people are now able to sue for financial compensation. Many asbestos-related manufacturers are bankrupt. As a result, the victims can seek the money they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have placed profits over the safety of their employees as well as consumers, manufacturing hazardous products without warning of the dangers. These companies are now confronting the consequences of their carelessness. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete settlement.
The lawyers at Belluck & Fox are dedicated to helping families and individuals get the justice they deserve. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and to secure maximum compensation for clients.
Many states have established special asbestos courts where claims can be filed and resolved more efficiently. Judges have also created specific procedures to assess and resolve asbestos-related 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 the court has steadily increased. In order to ensure that the justice system does not get overwhelmed the New York Supreme Court has ordered the creation of an extra judicial panel to oversee NYCAL.
A panel comprised of six Supreme Court judges will review every case in NYCAL to determine whether or not to accept it. Judges will also evaluate the merits of each claim to determine how much a plaintiff should be awarded.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to issue its final ruling before the end of the year.
New York asbestos lawsuits are typically complex and often involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult cases. They are knowledgeable of 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 extensive experience in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district litigation that is complex and complex. In this role lawyers devise 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 special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best way to defend a client from an asbestos personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and owners of premises in cases involving claims for Mesothelioma attorney, lung cancer and other asbestos-related illnesses. The firm collaborates with clients in the development of internal programs to identify and deal with potential liability and safety issues.
Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation, serves as national Coordinating counsel. In this role Bowles Rice formulates litigation strategies and manages local and region counsel to achieve a consistent and cost-effective defense that is in line with the client's goals. Additionally, it plays a key part in the administration of asbestos dockets and negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm's lawyers are skilled in defending clients from mesothelioma claims and other asbestos-related illnesses. Asbestos defense lawyers are acquainted with the intricate scientific issues involved in these cases as well as unique legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has defended numerous manufacturers in asbestos and products liability personal injury cases, acting as the lead trial counsel in consolidated trials that involved multiple plaintiffs. She has extensive experience in litigating asbestos-related cases before the federal and state courts, as well as before a variety of supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents of the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information on the claimants, 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 an account password to access the files. Then, she could go through any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in trial and appellate work, is nationally recognized for its ability to negotiate settlements for its clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. The firm also has extensive experience in defending businesses against appeals.