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 protect those who's financial security has been affected by exposure to the harmful mineral. Compensation can cover medical costs, funeral and burial expenses, pain and suffering, and lost quality of life.
Our attorneys serve as national, regional and local counsel in mass toxic tort litigation. As a result, we are well-versed in the unique issues and complex aspects of science of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can lead to various serious medical conditions, including mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits which seek compensation for victims and their families who have been exposed to this harmful substance. These cases can be complicated and it's crucial to have a mesothelioma 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 times, there have been more claims against former asbestos producers than ever before. These cases are a result of the recognition that asbestos is linked to illnesses like mesothelioma and lung cancer. These companies were aware of asbestos's dangers but did not take the time to warn their employees and customers.
New York City is especially susceptible to diseases caused by asbestos because of its old structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the community around it.
Many workers were exposed asbestos in the workplace. However, some people are diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This includes spouses who wear their husband's clothing at work and come in contact with asbestos dust regularly.
The mesothelioma litigation can be expensive for defendants, especially when they are incorrectly named as a defendant. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This niche litigation is often supported by asbestos law firms that promote on daytime TV and entice victims to file claims, with the promise of substantial settlements.
The defendants may be able lower some of the costs arising from these cases by argument that their policy terms have expired or they are only responsible for a small percentage of the total value of the claim. New York law does not provide a definitive rule on how to distribute liability when the alleged exposure is within and part outside of the insurer's policies.
Asbestos-related Diseases
Exposure to asbestos can cause various illnesses. 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 pleural effusion are also asbestos-related.
Mesothelioma 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 chest cavity, ribcage and abdominal cavity (the 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, known as pleural plaques or a more widespread fibrosis of the pleura called diffused pleural fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity as measured by breathing tests. They can also cause pain and discomfort in breathing, however they don't cause mesothelioma or cancer.
Most of the time, symptoms of asbestos-related diseases don't show up until decades after the initial exposure. This is because it could take between 20 and 50 years for the exposure to asbestos fibers to cause lung damage. The people at risk of developing mesothelioma or other asbestos-related conditions include workers who handled, laundered and removed asbestos-containing materials from their workplaces, as well as spouses and children of those exposed to asbestos.
In addition to mesothelioma other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma, and ovarian mesothelioma. The most fatal mesothelioma type is ovarian cancer, however it is less prevalent than mesothelioma in general. It is usually diagnosed later than other types of mesothelioma because it develops in the tissue of the reproductive organs, and symptoms can be similar to symptoms of other illnesses.
A number of companies used asbestos in the 20th century, but they knew that it was dangerous. When they did not remove asbestos from their products, thousands of people were exposed. Now, these people are able to claim financial compensation. A lot of asbestos-related manufacturers have gone bankrupt. This means that the victims can seek the money they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their workers and consumers for decades creating dangerous products without warning about the risks. These companies are now facing the consequences of their carelessness. People whose lives have been disrupted by mesothelioma, cancer of the lung and other asbestos-related illnesses are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and to secure maximum compensation for clients.
Many states have established special asbestos courts, where claims can be filed more efficiently. Judges have also established specialized procedures to evaluate and resolve asbestos-related cases.
New York, a state with its own asbestos court (known as NYCAL) is one of the states. The number of cases filed in this court has increased steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who have gone bankrupt. To ensure that the justice system is not overloaded, the New York Supreme Court has established an extra judicial panel to supervise NYCAL.
A panel comprised of six Supreme Court judges will review every case in NYCAL to decide whether to accept or reject it. Judges will also evaluate the merits of each case to determine the amount a plaintiff should be awarded.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to issue its final ruling at the end of this year.
New York asbestos lawsuits are often complex and include allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult matters. They are knowledgeable of the rules regulations, policies, and procedures 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 in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this capacity lawyers devise strategies, manage local and regional counsel, and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely with trial judges, coordinating judges and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer (recent Fakenews blog post) will determine which strategy is best to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and owners of premises on matters that involve mesothelioma claims, lung cancer and other asbestos-related diseases. The firm collaborates with clients in the development of internal programs to deal with potential liability and safety issues.
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 local and regional counsel, and achieves consistent and cost-effective defense that is in sync with the client's goals. It also plays an important part 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 against mesothelioma-related claims and other asbestos-related diseases. asbestos lawsuit defense lawyers are familiar with the complex scientific issues involved in these cases as in addition to unique legal issues that arise when defending companies before state and federal courts throughout the United States.
Catherine has represented numerous manufacturers as the lead counsel in asbestos and personal injury lawsuits involving product liability and in consolidated cases involving multiple claimants. She has substantial experience litigating asbestos-related cases in the federal and state courts and before a variety of supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Evaluative reports that are encapsulated), which contained confidential information about the claimants. This included medical reports and work histories, as well as a list asbestos products that plaintiffs worked with or near. Vogel was required to use access to these files and could review the SEAR forms of any case she had with 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 negotiate settlements for clients. In this capacity, the company collaborates with plaintiffs' lawyers in the creation and implementation of settlement agreements. It also has a vast experience in defending companies against appeals.