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 was affected due to exposure to the hazardous mineral. Compensation could cover medical expenses, funeral and burial costs, loss of quality of life, and pain and suffering.
Our attorneys serve as local, regional, and national counsel in massive toxic tort litigation. As as such, we are acquainted with the specific issues and complicated science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can cause various serious medical conditions, including mesothelioma. 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 complex and therefore it is essential to have an experienced mesothelioma lawyer on your side.
New York has had a long history of asbestos litigation. Many residents were exposed to this hazardous substance. In recent times there have been more claims against former asbestos producers than ever before. These cases arise out of the recognition that asbestos is linked to 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 susceptible to asbestos-related illnesses due to its older structures and a myriad of construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the community around it.
Many workers were exposed asbestos at work. However, people also get diagnosed with mesothelioma following secondhand exposure to the harmful substances. This includes spouses who wear husband's clothes at work and come in contact with asbestos dust frequently.
Litigation involving mesothelioma is expensive for defendants. This is especially relevant if they've been wrongly named as defendants. According to a study, more than 3,600 lawsuits have been filed in New York courts since 2014, and the number could increase even more. This kind of litigation is usually supported by asbestos lawyers law firms that promote on daytime television and encourage victims to file claims with the promise of large settlements.
Defendants might be able to reduce some of the costs arising from these cases by argument that their policy terms expire or they are only responsible for a tiny portion of the claim value. New York law does not have a clear rule on how to divide liability when the alleged exposure is part of the insurance policies.
Asbestos-related Illnesses
Exposure to asbestos can trigger various illnesses. The mesothelioma condition is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos fibers that accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the the pleura). The inhalation of these tiny fibers can result in scarring of the lungs, a condition known as asbestosis and, sometimes, the development of thickened patches on the pleura called pleural plaques or an enlargement of fibrosis in the pleura called diffused pleural the fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity, as measured by breathing tests. They can also cause pain and discomfort in breathing, but they don't cause cancer or mesothelioma.
Often, symptoms of asbestos-related illnesses don't manifest until decades after initial exposure. It can take as long as 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace as well as children, spouses and others who were exposed to asbestos are at risk of developing mesothelioma.
In addition to mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and ovarian mesothelioma. Ovarian cancer is the deadliest mesothelioma that women suffer from however it is much less prevalent than mesothelioma in general. It is diagnosed later than most other types of mesothelioma, because it develops in the linings of the reproductive organs. The symptoms may be similar to those of other illnesses.
There were many companies that used asbestos in the 20th century, but they were aware that it was dangerous. They exposed thousands of people to asbestos because they failed to remove asbestos from their products. These people now are able to sue for financial compensation. Many asbestos-related manufacturers are bankrupt. In the aftermath, victims can seek the compensation they deserve from the trust funds established by the bankruptcy courts.
asbestos lawyers Litigation in New York
For decades, asbestos companies have put profits ahead of the security of their employees and consumers by producing dangerous products, without warning of the dangers. These companies are now confronting the consequences of their inattention. People who have suffered from asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete compensation.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals get the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and seek maximum compensation for our clients.
Many states have established asbestos courts with specialization, where claims can be filed more efficiently. Judges have also developed specialized procedures to evaluate and resolve these cases.
New York is one such state with its own asbestos court known as NYCAL. The number of cases filed in this court has increased steadily, as increasing numbers of asbestos victims seek compensation from solvent former asbestos lawyers defendants who have become bankrupt. In order to ensure that the justice system is not overwhelmed, the New York Supreme Court has established an additional judicial panel that will oversee NYCAL.
A panel composed of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also consider the merits of each claim to determine how much the plaintiff's compensation should be.
At present, the panel is looking into more than 3500 lawsuits. The panel is expected to make a final decision by the end of this year.
New York asbestos lawsuits are usually complex and involve allegations of several defendants. Belluck and Fox's lawyers have a wealth of experience in the litigation of these difficult cases. They are well-versed in New York's asbestos courts, including their rules regulations, policies and guidelines, as well as other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity lawyers formulate strategies, manage regional and local counsel, and ensure consistent and effective defenses for clients. They have worked closely in the past with trial judges, coordination judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is the best way to defend the client in a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and premises owners on matters concerning mesothelioma-related claims, lung cancer and other asbestos-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing any risks to safety and liability.
Bowles Rice, in addition to its asbestos practice across the country and multi-state asbestos litigation is also the national Coordinating counsel. In this capacity 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 needs. It also plays a major part in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' attorneys and in coordinating discovery for its client.
The attorneys of the firm have a wealth of trial and appellate experience in defending clients against claims by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science that is associated with these cases, and the particular legal issues that arise when representing companies in state and federal courts across the United States.
Catherine has represented numerous manufacturers as lead trial counsel in asbestos and personal injury lawsuits related to product liability and in consolidated cases involving multiple plaintiffs. She has a wealth of experience arguing asbestos-related cases in federal and state courts as well as before a variety of supreme and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents to the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short encapsulated Evaluative reports), which contained confidential data about the plaintiffs. The files contained medical reports as well as work histories and an inventory of asbestos attorneys-related products that plaintiffs worked with or near. Vogel was required to have a password in order to access the files. She was then able to go through any SEAR forms provided by her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in trial and appellate work, is widely acclaimed for its ability to successfully negotiate settlements for 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.