An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A defense attorney for asbestos can assist those who's financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses funeral and burial costs, pain and suffering, and loss of quality of life.
Our attorneys are involved in mass toxic tort litigation on a national, regional and local scale. This means that we are familiarized with the unique issues and complex scientific aspects that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can cause serious medical conditions, such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek financial compensation for victims and their families due to exposure to this harmful substance. These cases can be a bit complicated and it's crucial to have a mesothelioma lawyer to assist you.
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 claims against former asbestos producers than ever before. These cases stem from the recognition of a link between asbestos and certain diseases such as mesothelioma, lung cancer and asbestosis. The companies were aware of asbestos' dangers but did not take the time to warn employees and consumers.
The New York City area is particularly susceptible to asbestos-related ailments due to its old structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the surrounding community.
Many workers were exposed to asbestos at work. However, many people are diagnosed with mesothelioma following an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure workers who were wearing their husband's work clothes and came in contact with asbestos dust regularly.
The mesothelioma lawsuit is costly for defendants, particularly if they are wrongfully named as a defendant. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. This kind of litigation is usually fueled by specialized asbestos law firms that advertise on daytime TV and entice victims to file claims, with the promise of substantial settlements.
The defendants may be able reduce some of the costs associated with these cases by asserting that their policy periods expire or they are only responsible for a small percentage of the claim value. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure occurs partly within and outside the insurer's policy periods.
Asbestos-related diseases
A myriad of asbestos-related diseases can develop due to exposure to the mineral that causes cancer. The most severe condition is mesothelioma. Many have died from mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness caused by exposure to asbestos fibers that accumulate in the lungs and irritate the lining of the chest cavity, ribcage and abdominal cavity (the Pleura). The inhalation of these small fibers can result in scarring of the lungs called asbestosis, and sometimes the development of thickened patches on the pleura referred to as pleural plaques or a more widespread fibrosis of the pleura called diffused pleural the fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity as measured by breathing test. They can also cause pain and difficulty in breathing, however they are not the cause of cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases do not appear until decades after the initial exposure. This is because it can take between 20 and 50 years for the inhalation of asbestos-containing fibers to cause lung damage. Workers who handled, cleaned, and removed asbestos from the workplace and their children, spouses, and others exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related diseases apart from mesothelioma, include laryngeal cancer and lung cancer and peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the deadliest mesothelioma type for women, but it is less common than mesothelioma in general. It is often diagnosed later than other kinds of mesothelioma because it develops in the tissue of the reproductive organs, and the symptoms can be similar to those of other diseases.
A number of companies used asbestos in the 20th century, but they were aware that it was hazardous. They exposed thousands of people to asbestos because they didn't eliminate it from their products. These people now are able to sue for financial compensation. Many asbestos-related manufacturers are bankrupt. As a result, the victims can seek the money they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the safety of their employees as well as consumers by producing dangerous products, without warning of the dangers. These companies are now facing the consequences of their carelessness. Victims of asbestos-related illnesses such as mesothelioma lawsuit and lung cancer are seeking fair and complete compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. Our lawyers have over 25 years experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and seek the highest amount of compensation for our clients.
Many states have set up special asbestos courts where claims can be filed and resolving more efficiently. Judges have also established specialized procedures to evaluate and resolve these cases.
New York is one such state that has its own asbestos court known as NYCAL. The number of cases filed in this court has been increasing steadily as more and more asbestos victims seek compensation from solvent former asbestos defendants who went bankrupt. To ensure that the justice system does not get overloaded the New York Supreme Court has created an extra judicial panel to oversee NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also consider the merits of every claim to determine how much amount of money each plaintiff should receive.
The panel is currently studying more than 3,500 lawsuits. The panel is expected to announce its final decision before the end of this year.
New York asbestos lawsuits are usually complex and involve allegations of multiple defendants. Belluck and Fox's lawyers have a wealth of experience in the litigation of these difficult issues. They are knowledgeable of the rules, regulations, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients across the country in multi-district, complex litigation. In this capacity lawyers devise strategies, oversee local and regional counsel and ensure consistent and efficient defenses for clients. They have worked closely 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 lawsuit involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and owners of premises on matters involving mesothelioma lawsuits claims, lung cancer, and other asbestos-related illnesses. The firm works with clients on developing internal programs to resolve potential liability and safety concerns.
Bowles Rice In addition to its asbestos practice across the country and multi-state asbestos litigation, is also the national Coordinating Counsel. In this role, the firm develops strategies for litigation, oversees regional and local counsel, and ensures a consistent and cost-effective defense, in line with the client's goals. It also plays an important role in the administration and management of asbestos dockets aswell in negotiations with plaintiffs' attorneys and coordinating discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience defending clients against claims made by injured claimants, including those who claim mesothelioma and other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science that is associated with these cases, as well as the particular legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented numerous companies in asbestos and products liability personal injury cases, representing them as the lead counsel in consolidated trials involving multiple plaintiffs. She has substantial experience litigating asbestos-related cases before the federal and state courts as well as before various supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents of the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential information about the plaintiffs. These included medical reports, work histories, and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to have access to a password 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 having extensive experience in appellate and trial work, is recognized nationally for its ability to successfully reach settlements on behalf of its clients. In this capacity, the firm collaborates with the lawyers of plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience in defending businesses against appeals.