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 who's financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses, funeral and burial costs, loss of quality of life, as well as suffering and pain.
Our lawyers are local, regional, and national counsel in massive toxic tort litigation. As our lawyers are well-versed with the unique 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 lawyer is experienced in handling asbestos lawsuits which seek financial compensation for victims and their families due to exposure to this toxic substance. These cases can be complicated and it is crucial to have an experienced mesothelioma lawyer on your side.
New York has a long history of asbestos litigation and many residents have been exposed to this dangerous substance. In recent times, there have been more lawsuits against former asbestos producers than ever before. These cases are a result of the recognition of a link between asbestos and certain diseases such as mesothelioma, lung cancer, and asbestosis. These companies were aware of asbestos' dangers but did not take the time to warn their employees and customers.
The New York City area is particularly prone to asbestos-related diseases because of its older structures and numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the surrounding community.
Mesothelioma is triggered by exposure to asbestos directly and a lot of workers were exposed at work. However, people also get diagnosed with mesothelioma after experiencing an exposure secondarily 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 regularly.
Litigation involving mesothelioma is expensive for defendants. This is especially the case if they were incorrectly identified as defendants. According to an investigation, more than 3,600 claims have been filed in New York courts since 2014 and the number is expected to increase further. The asbestos law firms that specialize in asbestos often advertise on TV during the day and encourage victims to file claims under the premise that they will receive substantial settlements.
Defendants might be able to reduce some of the expenses arising from these cases by arguing that their policy periods expire or they are only responsible for a tiny percentage of the total claim value. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure occurs partly outside of the policy period of the insurer.
Asbestos-Related Illnesses
A variety of asbestos-related diseases can develop because of exposure to the mineral that causes cancer. The condition known as mesothelioma is the most severe. Many have died from mesothelioma. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and pleural effusion.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers that accumulate in the lungs, and can cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the the pleura). Inhaling asbestos fibers can cause scarring of the lungs, called asbestosis. It can also lead to thickened patches of pleura (pleural plaques) or an increase in fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity as determined by a breathing test. They can also cause pain and difficulties in breathing, but they do not lead cancer or mesothelioma.
The majority of the time, signs of asbestos-related diseases do not show up until decades after the initial exposure. This is because it can take between 20 and 50 years for the exposure to asbestos fibers to damage the lungs. Workers who handled, cleaned and removed asbestos from their workplaces as well as spouses, children and other people who are exposed to asbestos are at risk of developing mesothelioma lawsuit.
Other asbestos-related diseases in addition to mesothelioma attorneys, include laryngeal cancer and lung cancer and peritoneal, ovarian and peritoneal cancer. The most dangerous form of mesothelioma is ovarian cancer, but it's much less frequent than the general mesothelioma lawsuits. It is diagnosed later than other types of mesothelioma, because it occurs in the linings of reproductive organs. The symptoms may be similar to other illnesses.
Several companies used asbestos during the 20th century. They knew it was hazardous. When they did not remove asbestos from their products thousands of people were exposed. Now, these people are able to seek financial compensation. Many asbestos-related manufacturers are bankrupt. The victims are now able to seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the safety of their employees as well as consumers, manufacturing hazardous products, without warning of the dangers. They are now paying for their inattention to. People who's lives have been affected by mesothelioma, lung cancer and other asbestos-related diseases are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals get the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and obtain the maximum amount of compensation for our clients.
Many states have set up special asbestos courts in which claims can be filed and resolving more efficiently. Judges have also created special procedures to review 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 additional judicial board that will oversee NYCAL to stop the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review each case in NYCAL to decide whether to accept or reject it. Judges will also consider the merits of every claim to determine the amount of the plaintiff's compensation should be.
The panel is currently reviewing more than 3,500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits can be complicated and can involve several defendants. Belluck and Fox's lawyers have a wealth of experience in litigating these complex cases. They are well-versed in the asbestos courts in New York, including their rules regulations, policies and guidelines, as well as other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel in asbestos litigation, representing clients across the country in multi-district, complex litigation. In this capacity, attorneys create strategies, coordinate and manage local and regional counsel, and ensure cost-effective and consistent defenses for every client. They have worked closely in the past with trial judges, coordinating judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best strategy 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 premises owners on matters that involve mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm also assists clients to develop internal programs for identifying and addressing any risks to safety and liability.
In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity Bowles Rice formulates litigation strategies and manages regional and local counsel to achieve a consistent and cost-effective defence in coordination with the client's needs. Additionally, it plays a key role in the management of asbestos dockets, negotiations with plaintiffs' counsel and leads discovery for its clients.
The firm's lawyers have extensive trial and appellate experience, defending clients from claims brought by injured claimants, such as those who claim mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex scientific issues involved in these cases, as and specific legal issues that arise when representing companies in state and federal courts throughout the United States.
Catherine has represented a variety of manufacturers as the lead counsel in asbestos and personal injury lawsuits involving product liability and in consolidated cases that involve multiple plaintiffs. She has extensive experience in arguing asbestos-related lawsuits before the state and federal courts, as well as a variety of Supreme Court and appellate bodies.
While at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short encapsulated Evaluative reports) which contained confidential information about claimants. The files contained medical reports, work histories, and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to have access to these files and could look over the SEAR forms of any case she had with her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is nationally recognized for its ability to negotiate settlements for its clients. In this capacity, the firm collaborates closely with lawyers representing plaintiffs in the preparation and execution of settlement agreements. It also has extensive experience defending companies against appeals.