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 assist those who's financial security was affected by exposure to the harmful mineral. Compensation can cover medical expenses, funeral and burial costs, lost quality of life, and suffering and pain.
Our attorneys are involved in mass toxic tort litigation on a national, regional and local scale. We are knowledgeable about the specific issues and complex aspects of science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause serious medical conditions like mesothelioma lawsuit. A New York asbestos lawyer is experienced in handling asbestos lawsuits which seek compensation for victims and their families due to exposure to this toxic substance. These cases can be extremely complex and it is crucial to have a mesothelioma expert lawyer on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous substance. In recent times there have been more claims against former asbestos manufacturers than ever before. These cases stem from the recognition of a link between asbestos and certain diseases such as mesothelioma, lung cancer, and asbestosis. The companies were aware of asbestos' dangers but did not take the time to warn the employees and the public.
New York City is especially susceptible to illnesses caused by asbestos due to its old structures and many construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues impact the surrounding community.
Mesothelioma is triggered by exposure to asbestos in direct contact and a lot of workers were exposed in the workplace. However, some people are diagnosed with mesothelioma following an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came into contact with asbestos dust regularly.
Litigation involving mesothelioma is expensive for defendants. This is especially the case if they were wrongly identified as defendants. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number is expected to increase even more. This niche litigation is often fueled by specialized asbestos law firms that advertise on daytime television and encourage victims to file claims with the promise of large 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 for a small proportion of the claim value. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure is outside of the insurer's policy periods.
Asbestos-Related Illnesses
Exposure to asbestos can lead to many different ailments. The most serious condition is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers that collect in the lungs, and can cause irritation to the lining of the chest cavity, ribcage and abdominal cavity (the the pleura). The inhalation of these small fibers can result in scarring of the lungs known as asbestosis and, sometimes, the development of thickened patches on the pleura referred to as plaques of pleura or the more widespread fibrosis of the pleura called diffused pleural fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity, as measured by breathing tests. They also cause pain and difficulty breathing however they do not lead to cancer or mesothelioma lawyer.
Often, symptoms of asbestos-related diseases do not manifest until decades after initial exposure. This is because it can take between 20 to 50 years for the exposure to asbestos fibers to damage the lungs. Workers who handled, cleaned, and removed asbestos from the workplace as well as spouses, children, and others exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma include laryngeal cancer and lung cancer and peritoneal, ovarian and peritoneal cancer. The most fatal form of mesothelioma is ovarian cancer, however it is less prevalent than mesothelioma in general. It is typically diagnosed later than other forms of mesothelioma because it is a cancer that develops in the tissue of the reproductive organs and symptoms can be similar to those of other illnesses.
There were many companies that used asbestos in the 20th century, however they knew that it was hazardous. When they failed to remove asbestos from their products, thousands of people were exposed. They can now seek financial compensation. Many asbestos-related manufacturers are bankrupt. The victims can now seek compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the safety of their employees and consumers, manufacturing hazardous products, without warning of the risks. They are now paying the price for their carelessness. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete settlement.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our attorneys have more than 25 years experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and to secure the maximum amount of compensation for our clients.
A number of states have established special asbestos courts where claims can be filed and resolved more efficiently. In addition, judges have established specialized procedures for evaluating and resolving asbestos cases.
New York is one such state that has its own asbestos court known as NYCAL. The number of cases filed in this court has grown steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. The New York Supreme Court created an additional judicial board that will oversee NYCAL in order to keep the justice system from becoming overwhelmed.
A panel of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also assess the merits of every claim to determine the amount of money each plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to make a final decision by the end of this year.
New York asbestos lawsuits are typically complex and often include allegations of several defendants. Belluck and Fox's lawyers have a wealth of experience in litigating these complex issues. They are well-versed in New York's asbestos courts, including their rules regulations, policies and guidelines and other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this capacity, lawyers create strategies, coordinate and manage regional and local counsel and ensure consistent and cost-effective defenses for each client. They have worked closely with coordinating and trial judges and special masters of litigation in various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is best to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and owners of premises on matters involving claims of mesothelioma lawsuits, lung cancer and other asbestos-related illnesses. The firm works with clients to develop internal programs to identify and resolve potential liability and safety issues.
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 Bowles Rice devises strategies for litigation and supervises local and region counsel to ensure a consistent and cost-effective defense that is in line with the client's needs. It also plays a major part in the administration and management of asbestos dockets as well as negotiations with plaintiffs' attorneys and coordinating discovery for its clients.
The firm's lawyers are skilled in defending clients against claims of mesothelioma attorney (the advantage) and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the intricate science involved with these cases, and the particular legal issues that arise when defending companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and personal injury lawsuits related to product liability and in cases that have been consolidated involving multiple claimants. She has extensive experience litigating asbestos-related lawsuits before federal and state courts as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short encapsulated Evaluative reports) which contained confidential data about the plaintiffs. The files contained medical reports, work histories, and a list asbestos products that plaintiffs worked with or near. Vogel was required to have a password in order to access the files. Then, she could look over any SEAR forms that she received from her current employer.
In addition to its extensive trial and appellate experience in addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is well-known throughout the country for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates closely with plaintiffs' lawyers in the creation and implementation of settlement agreements, and it has extensive experience defending companies against appeals.