An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can protect the financial security of those who have been injured by exposure to this harmful mineral. Compensation can cover medical expenses funeral and burial costs, lost quality of life, as well as pain and suffering.
Our lawyers are involved in the mass litigation of toxic torts on a national, regional and local level. As our lawyers are well-versed with the specific issues and complicated science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can trigger various serious medical conditions, including mesothelioma. A New York asbestos lawyer is adept at dealing with asbestos lawsuits, which seek financial compensation for the victims and their families for exposure to this harmful substance. These cases can be complicated, so it's important to have a mesothelioma attorney on your side.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous substance. In recent years, there have been more lawsuits against asbestos producers from the past than before. These cases result from the recognition of a link between asbestos and diseases like mesothelioma, lung cancer and asbestosis. The companies were aware of the dangers associated with this asbestos-containing mineral, yet they did not warn their employees and clients.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and a myriad of construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community around it.
Many workers were exposed to asbestos in the workplace. However, many people are diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This includes spouses of asbestos-exposure workers who wore their husband's work clothes and came in contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is particularly true if they have been 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 could increase even more. This niche litigation is often fueled by specialized asbestos law firms, which advertise on daytime TV and entice victims to file claims, with the promise of substantial settlements.
The defendants might be able to reduce the cost of these cases by arguing that their policies are in a lapse or that they are only responsible for only a small percentage of the value of the claim. However, New York law has not provided a definitive rule regarding how to allocate liabilities when the alleged exposure is within and outside the insurance company's policy.
Asbestos-related Diseases
Exposure to asbestos can cause many different ailments. The condition known as mesothelioma is the most serious. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that collect in the lungs, and can cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the Pleura). The inhalation of these tiny fibers can result in scarring of the lungs known as asbestosis and, sometimes, the development of thickened patches on the pleura called plaques on the pleura, or an enlargement of fibrosis in the pleura known as diffused fibrisis. Pleural plaques or diffuse fibrosis could reduce lung capacity, as determined by a breathing test. They can also cause pain and difficulty breathing however they do not lead to cancer or mesothelioma lawyer.
The signs of asbestos-related illness typically do not manifest until decades after 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. The people at risk of developing mesothelioma or other asbestos-related diseases include those who handled, cleaned and removed asbestos-containing products from their workplaces, as well as spouses and children of those exposed to asbestos.
In addition to mesothelioma lawyer other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma ovarian. The most fatal form of mesothelioma is called ovarian cancer, but it's much less frequent than the general mesothelioma. It is usually diagnosed later than other forms of mesothelioma since it is a cancer that develops in the tissues of the reproductive organs, and the symptoms can be similar to symptoms of other diseases.
Many companies employed asbestos in the 20th century, however they were aware that it was hazardous. They exposed thousands of people to asbestos when they didn't eliminate it from their products. The affected people are now able to sue for financial compensation. Many asbestos-related companies have gone bankrupt. The victims are now able to claim compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits over the safety of their employees and their customers for decades creating dangerous products without warning of the dangers. They are now paying for their carelessness. People who's lives have been affected by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have over 25 years experience and have helped clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold corporations accountable and obtain the highest amount of compensation for their clients.
Many states have established special asbestos courts where claims can be filed and resolved more efficiently. Judges have also developed specialized procedures to evaluate and resolve such cases.
New York, a state with its own asbestos court (known as NYCAL) is one of them. The caseload in this specialty court has increased steadily, as more and more asbestos victims 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 of six Supreme Court judges will review every case in NYCAL to decide whether to accept or reject it. Judges will also assess the merits of each claim to determine how much the plaintiff's compensation should be.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected to announce its final decision by the end of the year.
New York asbestos lawsuits are often complex and include allegations of several defendants. Belluck & Fox's lawyers have extensive experience in the litigation of these difficult matters. They are well-versed in the asbestos courts of New York, including their rules regulations, policies and guidelines and other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this capacity, lawyers develop strategies, oversee regional and local counsel, and ensure that they are able to provide consistent and effective defenses for clients. They have been in close contact with trial judges, coordinating judges and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is most effective to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and distributors, contractors, and premises owners on matters concerning mesothelioma-related claims, lung cancer, and other asbestos-related illnesses. The firm works with clients in the development of internal programs to resolve potential liability and safety concerns.
In addition to its national asbestos practice, Bowles Rice serves as the 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 defence in coordination with the client's objectives. Additionally it plays a crucial part in the administration of asbestos dockets and negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's attorneys have a wealth of trial and appellate experience, defending clients against claims made by injured claimants, such as those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are acquainted with complex research and technology involved in these cases, as and unique legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, defending them as the lead counsel in consolidated trials involving a variety of plaintiffs. She has extensive experience in arguing asbestos-related lawsuits before federal and state courts, as well as various appellate and Supreme Court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about plaintiffs, including medical reports, a history of work and a list of asbestos products that the plaintiff worked with or around. Vogel had to have an account password to access the files. Then, she could look over 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 nationally recognized for its ability to successfully negotiate settlements for its clients. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. The firm also has extensive experience defending businesses against appeals.