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 harmed by exposure to this harmful mineral. Compensation can cover medical costs, funeral and burial costs, lost quality of life, as well as suffering and pain.
Our lawyers are involved in the mass litigation of toxic torts at a national, regional and local level. As a result, we are well-versed in the unique issues and the complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can lead to numerous serious medical conditions, such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek compensation for victims and their families who have been exposed to this toxic substance. These cases can be extremely complex and therefore it is essential 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 this hazardous material. In recent years, there have been more lawsuits against former asbestos producers than ever before. These cases are a result of the recognition of a connection between asbestos lawsuit and certain diseases such as mesothelioma and lung cancer and asbestosis. These companies were aware of the dangers that asbestos posed but did not take the time to warn the employees and the public.
New York City is especially vulnerable to illnesses caused by asbestos because of its older structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.
Mesothelioma is caused by direct exposure to asbestos and a lot of workers were exposed to it in the workplace. However, people also get diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses who wear their husband's clothing to work and come into contact with asbestos dust frequently.
Mesothelioma-related litigation can be expensive for defendants. This is especially relevant if they've been incorrectly identified as defendants. According to a study, more that 3,600 claims have been filed in New York courts since 2014, and the number could rise further. The asbestos law firms that specialize in asbestos often advertise on daytime TV and encourage victims to file claims with the promise that they will receive substantial settlements.
Defendants may be able to reduce some of the costs associated with these cases by argument that their policy terms have expired or they're only responsible for a tiny portion of the amount of the claim. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure is outside of the insurer's policy periods.
Asbestos-related Diseases
Exposure to asbestos can cause various diseases. The most severe condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal condition that is caused by asbestos fibers which accumulate in the lung. They then cause irritation to the linings of the ribcage (the the pleura), chest cavity, and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs. This is called asbestosis. It can also result in thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques or diffuse fibrosis could reduce lung capacity as measured by a breath test. They also cause pain and difficulty breathing, though they do not cause mesothelioma or cancer.
The majority of the time, signs of asbestos-related illnesses don't appear until decades after the initial exposure. It can take as long as 50 years for asbestos fibers that are inhaled to cause lung damage. People who are at risk of developing mesothelioma and other asbestos-related diseases include those who handled, washed, and removed these materials from the workplace and spouses and children of those who were exposed to asbestos.
Other asbestos-related illnesses, in addition to mesothelioma include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. The most deadly form of mesothelioma is ovarian cancer, however it is less frequent than the general mesothelioma. It is usually diagnosed later than other forms of mesothelioma due to the fact that it is a cancer that develops in the tissues of the reproductive organs and the symptoms may be similar to those of other diseases.
A number of companies used asbestos in the 20th century. They were aware that it was a risk. They exposed thousands of people to asbestos if they failed to remove asbestos from their products. They can now claim financial compensation. Many of the asbestos-related manufacturers have gone bankrupt. The victims are now able to claim compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the security of their employees and 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, cancer of the lung and other asbestos-related diseases are seeking full and fair compensation.
Belluck & Fox is 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 large corporations accountable and obtain maximum compensation for clients.
A number of states have set up special asbestos courts, where claims can be filed more efficiently. Judges have also created specific procedures to assess and resolve asbestos-related cases.
New York is one such state, with its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt, the caseload of this court has been steadily increasing. The New York Supreme Court created a special judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also consider the merits of each claim to determine the amount a plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected make a final decision before the end of the year.
New York asbestos lawsuits are usually complex and involve several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex matters. They are knowledgeable of 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 in asbestos litigation, representing clients nationwide in complex, multi-district litigation. In this role, lawyers develop strategies, oversee 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 from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors and owners of premises on matters that involve mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm works with clients on developing internal programs to identify and deal with 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 role, Bowles Rice develops litigation strategies and oversees local and region counsel to ensure a uniform and cost-effective defense in accordance with the client's goals. It also plays an important role in the administration and management of asbestos dockets as well in negotiations with plaintiffs' lawyers and coordinating discovery for its client.
The firm's attorneys are experienced in defending clients from mesothelioma-related claims and other asbestos-related diseases. Asbestos defense lawyers are familiar with complex science involved in these cases as and unique legal issues that arise when representing companies in federal and state courts across the United States.
Catherine has represented numerous manufacturers as lead trial counsel in asbestos and product liability personal injury lawsuits and in consolidated cases that involve multiple plaintiffs. She has extensive experience in litigating asbestos-related cases in state and federal courts and before various supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential information about claimants. These included medical reports, work histories, and a list asbestos products that plaintiffs used or worked near. Vogel had to have access to a password to access the files. Then, she could review any SEAR forms provided by 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 acknowledged nationally for its ability to negotiate settlements on behalf of its clients. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. It also has a wealth of experience in defending businesses against appeals.