An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can help protect the financial security of those who have been affected through exposure to this dangerous mineral. Compensation can cover medical expenses, funeral and burial costs, lost quality of life, and pain and suffering.
Our attorneys are involved in the mass litigation of toxic torts at a national, regional and local scale. As as such, we are acquainted with the unique issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can lead to a variety of severe medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in handling lawsuits to seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be a bit complicated and therefore it is essential to have a mesothelioma attorney on your side.
New York has had a long history of asbestos litigation, and many residents were exposed to the dangerous substance. In recent years, there are more lawsuits filed against asbestos producers in the past than ever before. These cases are a result of the recognition of a connection between asbestos and diseases such as mesothelioma, lung cancer and asbestosis. The companies were aware of the dangers of the hazardous mineral, but didn't inform their employees and customers.
The New York City area is particularly prone to asbestos-related diseases due to its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to impact on the surrounding community.
Many workers were exposed to asbestos at work. However, some people are diagnosed with mesothelioma following secondhand exposure to the harmful substances. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit is costly for defendants, particularly if they are wrongfully named 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. Specialized asbestos law firms often advertise on daytime TV and encourage victims to file claims with the promise that they will receive substantial settlements.
Defendants might be able to lower some of the costs arising from these cases by asserting that their policy periods have expired or they're only responsible for a small percentage of the value of the claim. However, New York law has not set out a clear policy regarding how to allocate liabilities when the alleged exposure occurs partly within and outside the insurer's policy periods.
Asbestos-related illnesses
Exposure to asbestos can lead to a wide range of illnesses. The mesothelioma disease is the most serious. Many people have died from mesothelioma. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma, a rare, but fatal disease is caused by asbestos fibers that collect in the lung. They then irritate the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. Inhaling these fibers can lead to scarring of the lungs, known as asbestosis. It can also cause thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity, as measured by breathing test. They can also cause pain and difficulty in breathing, but they are not the cause of cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases do not show up until decades after the initial exposure. This is because it could take between 20 to 50 years for the inhalation of asbestos fibers to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces and their spouses, children, and others exposed to asbestos are at risk for developing mesothelioma lawsuits.
As well as mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma lawyer and mesothelioma of the ovary. Ovarian cancer is the most fatal mesothelioma type for women however, it is much less common than mesothelioma general. It is usually diagnosed later than other types of mesothelioma due to the fact that it is a cancer that develops in the tissue of the reproductive organs and symptoms can be similar to those of other diseases.
A number of companies used asbestos in the 20th century. They knew it was a risk. When they did not remove asbestos from their products thousands of people were exposed. The affected people are now able to sue for financial compensation. Many asbestos-related companies have gone bankrupt. This means that the victims are able to seek the compensation they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees and consumers by producing dangerous products without warning of the risks. These companies are now paying for their inattention to. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete compensation.
Belluck & Fox is dedicated to helping families and individuals obtain 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 attorneys work to hold corporations accountable and obtain the highest amount of compensation for their clients.
A number of states have set up special asbestos courts, where claims can be filed more efficiently. Judges have also created special procedures to review and resolve these cases.
New York, a state that has its own asbestos court (known as NYCAL), is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants who have been bankrupt the number of cases that have come through this special court has been steadily increasing. The New York Supreme Court created an additional judicial board that will oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case in NYCAL to determine whether to accept or reject it. Judges will also evaluate the merits of every claim to determine how much money each plaintiff should receive.
Currently, the panel is studying more than 3,500 lawsuits. The panel is expected issue its final decision before the end this year.
New York asbestos lawsuits are typically complex and often include allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated issues. They are well-versed in the asbestos courts in New York as well as their rules and regulations in addition to other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district litigation that is complex and complex. In this role lawyers devise strategies, manage local and regional counsel and ensure consistent and effective defenses for clients. They have collaborated closely with trial and coordination judges and litigation special masters in various jurisdictions in which they were involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is best to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors, and property owners on issues involving mesothelioma claims, lung cancer and other asbestos-related diseases. The firm collaborates with clients in the development of internal programs to identify and resolve potential liability and safety concerns.
Bowles Rice in addition to its asbestos practice across the country and multi-state asbestos litigation, serves as national Coordinating counsel. In this capacity the firm formulates strategies for litigation, oversees regional and local counsel and provides a cost-effective and consistent defense in coordination with client goals. Additionally it plays an important role in the management of asbestos dockets as well as negotiations with plaintiffs' counsel and lead discovery for its clients.
The firm's lawyers have a wealth of trial and appellate experience in defending clients against claims made by injured claimants, which includes those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science associated with these cases, as well as the unique legal issues that arise when representing companies in federal and state courts across the United States.
Catherine has defended numerous manufacturers in asbestos and product liability personal injury cases, defending them as the lead counsel in consolidated trials involving a variety of claimants. She has extensive experience in arguing asbestos-related cases in the federal and state courts as well as before various supreme and appellate court bodies.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about plaintiffs, such as medical reports, work history, and a list of asbestos products that plaintiffs worked with or around. Vogel had to have a password in order to access the files. She could then review any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is recognized nationally for its ability to negotiate settlements for clients. In this capacity, the firm works closely with plaintiffs' lawyers in the creation and implementation of settlement agreements. It also has extensive experience defending companies against appeals.