An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can protect the financial security of those who have been affected by exposure to this toxic mineral. Compensation could cover medical expenses funeral and burial costs, loss of quality of life, as well as suffering and pain.
Our attorneys serve as local, regional and national counsel in large toxic tort litigation. As a result, we are well-versed in the unique issues and complex scientific aspects that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can trigger numerous serious medical conditions, such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits which seek financial compensation for victims and their families who have been exposed to this toxic substance. These cases can be complex, so it's important to have a mesothelioma attorneys lawyer on your side.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous 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' dangers however, they failed to inform their employees and customers.
The New York City area is particularly prone to asbestos-related diseases because of its older structures and the 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 many workers were exposed to it in the workplace. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses who wear their husband's clothing at work and come in contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is particularly true if they have been wrongly named as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. Specialized asbestos law firms often advertise on television during the day and encourage victims to submit claims under the premise that they will receive significant settlements.
Defendants may be able to mitigate some of the expenses arising from these cases by asserting that their policy periods have expired or they're only responsible for a tiny percentage of the total amount of the claim. New York law does not provide a definitive rule on how to allocate the liability if the alleged risk is within and part outside of the insurer's policies.
Asbestos-Related Illnesses
Exposure to asbestos can lead to many different illnesses. The mesothelioma condition is the most severe. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
mesothelioma attorneys is a rare but fatal illness caused by exposure to asbestos fibers which accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the Pleura). Inhaling these tiny fibers can cause scarring to the lungs called asbestosis, and, sometimes, the formation of thickened patches on the pleura referred to as plaques on the pleura, or a more widespread fibrosis of the pleura called diffused pleural fibrisis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They also cause breathing problems and pain however they do not cause mesothelioma or cancer.
Most of the time, symptoms of asbestos-related diseases do not show up until decades after the initial exposure. This is due to the fact that 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 their workplaces and their spouses, children, and others 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 mesothelioma of the ovary. The most dangerous form of mesothelioma is ovarian cancer, but it's less prevalent than mesothelioma in general. It is diagnosed later than most other mesothelioma types, because it develops in the linings of the reproductive organs. Symptoms can be similar to other illnesses.
Many companies employed asbestos in the 20th century, however they knew that it was a risk. When they did not remove asbestos from their products, thousands of people were exposed. Now, these people are able to sue for financial compensation. Many asbestos-related companies are bankrupt. This means that the victims are able to seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the security of their employees and consumers, manufacturing hazardous products without warning of the dangers. These companies are now paying the price for their carelessness. People who's lives have been affected by mesothelioma, lung cancer and other asbestos-related diseases are seeking full and fair settlement.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our attorneys have more than 25 years experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and seek the highest amount of compensation for their clients.
A number of states have established special asbestos courts in which claims can be filed and resolving more efficiently. Judges have also established specific procedures to assess and resolve such cases.
New York, a state which has its own asbestos court (known as NYCAL) is one of the states. The number of cases in this court has increased steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos defendants who went bankrupt. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case filed in NYCAL to decide whether or not to take it up with it. Judges will also evaluate the merits of every claim to determine the amount of money each plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected issue its final ruling by the end of this year.
New York asbestos lawsuits are often complex and involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these difficult matters. They are well-versed in the rules, regulations, and policies 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 as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, attorneys create strategies, coordinate and manage regional and local counsel, and ensure cost-effective and consistent defenses for each client. They have worked closely with trial and coordination judges and litigation special masters in various jurisdictions in which they have been involved in asbestos litigation.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best approach to defend a client against an asbestos-related personal injury claim. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors and property owners in matters involving claims of mesothelioma and lung cancer and other asbestos-related diseases. The firm works with clients on developing internal programs to resolve potential liability and safety concerns.
In addition to its asbestos practice across the nation, 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 line with client goals. It also plays an important role in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' attorneys and coordinating discovery for its client.
The attorneys of the firm have extensive trial and appellate experience in defending clients against claims made by injured claimants, which includes those claiming mesothelioma lawsuit or other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, and the particular legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented numerous manufacturers as lead trial counsel in asbestos and personal injury lawsuits involving product liability as well as in consolidated cases that involve multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits in 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 of respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about the plaintiffs, such as medical reports, work histories and the list of asbestos-related products that plaintiffs worked with or around. Vogel was required to have an account password to access the files. Then, she could go through any SEAR forms from her current employer.
In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is recognized nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm collaborates closely with plaintiffs' lawyers in the preparation and execution of settlement agreements. Additionally, it has extensive experience in defending businesses against appeals.