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 was affected by exposure to the harmful mineral. Compensation can cover medical expenses funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our attorneys serve as local, regional, and national counsel in mass toxic tort litigation. This means that we are knowledgeable about the specific issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek compensation for victims and their families for exposure to this harmful substance. These cases can be extremely complex, and it is critical to have an experienced mesothelioma law firm on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous material. In recent times there have been more lawsuits against former asbestos manufacturers than ever before. These cases are the result of the recognition that asbestos is linked to illnesses like mesothelioma and lung cancer. The companies were aware of the dangers associated with the hazardous mineral, but failed to inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related ailments because of its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the community surrounding it.
Many workers were exposed to asbestos at work. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses of asbestos-exposure workers who were wearing their husband's work clothes and came into contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is especially the case if they were wrongly identified as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. 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 significant settlements.
The defendants may be able mitigate some of the costs arising from these cases by asserting that their policy periods have expired or they are only responsible for a tiny percentage of the total value of the claim. New York law does not provide a definitive rule on how to distribute responsibility when the alleged risk is of the insurance policies.
Asbestos-related Diseases
A variety of asbestos-related illnesses can develop due to exposure to the mineral that causes cancer. The condition known as mesothelioma is the most serious. Many have died from mesothelioma. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos fibers that accumulate in the lungs, and can cause irritation to the lining of the chest cavity, ribcage and abdominal cavity (the Pleura). Inhaling these fibers can lead to scarring in the lungs. This is called asbestosis. It can also result in thickened pleura patches (pleural plaques) or an increased fibrosis. Pleural plaques or diffuse fibrosis could reduce lung capacity, as measured by breathing test. They also cause breathing problems and pain but they don't cause mesothelioma or cancer.
The majority of the time, signs of asbestos-related diseases don't manifest until decades after initial exposure. It can take as long as 50 years for asbestos fibers that are inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace as well as children, spouses, and others exposed to asbestos are at risk for developing mesothelioma.
In addition to mesothelioma other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most deadly mesothelioma type is ovarian cancer, but it's less prevalent than mesothelioma in general. It is diagnosed later than most other types of mesothelioma, because it is found in the linings of the reproductive organs. The symptoms can be similar to other diseases.
A number of companies used asbestos in the 20th century, but they were aware that it was dangerous. When they failed to remove asbestos from their products, thousands of people were exposed. Now, these people have the right to sue for financial compensation. Many asbestos-related manufacturers are bankrupt. This means that the victims can seek the money they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits before the safety of their employees and their customers for decades, producing hazardous products without warning about the risks. These companies are now confronting the consequences of their carelessness. People whose lives have been disrupted by mesothelioma and lung cancer, and other asbestos-related illnesses are seeking full and fair compensation.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have more than 25 years experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to secure the maximum amount of compensation for our clients.
Many states have set up special asbestos courts where claims can be filed and resolved more efficiently. Judges have also created special procedures to review and resolve such 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 gone bankrupt, the caseload of this court has steadily increased. To ensure that the justice system does not get overloaded the New York Supreme Court has ordered the creation of a special judicial panel to supervise NYCAL.
A panel of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also assess the merits of each case to decide how much money a plaintiff should be awarded.
The panel is currently examining more than 3500 lawsuits. The panel is expected to issue its final ruling before the end of the year.
New York asbestos lawsuits can be complicated and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex issues. 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 vast experience serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this capacity, lawyers develop strategies, coordinate and manage regional and local counsel and ensure consistent and cost-effective defenses for every client. They have collaborated closely with trial and coordination judges and litigation special masters in the various jurisdictions where they were involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is the best way to defend the client in a personal injury claim involving asbestos. The Bowles Rice asbestos compensation Team advises product manufacturers, suppliers and contractors, distributors and premises owners on matters concerning mesothelioma-related claims, lung cancer, and other asbestos-related diseases. The firm also works with clients to create internal programs to identify and addressing potential risks to safety and liability.
Bowles Rice in addition to its national asbestos practice and multi-state Asbestos Legal litigation is also the national Coordinating Counsel. In this capacity Bowles Rice devises litigation strategies and oversees local and region counsel to ensure a uniform and cost-effective defense in accordance with the client's objectives. It also plays a significant role in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' attorneys and in coordinating discovery for its clients.
The firm's attorneys have extensive trial and appellate experience, 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 that is associated with these cases, and the unique legal issues that arise when defending companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers in asbestos and products liability personal injury cases, representing them as the lead trial counsel in consolidated trials involving multiple claimants. She has extensive experience in litigating asbestos-related cases in state and federal courts, as well as before various supreme and appellate courts.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential information about the plaintiffs. The files contained medical reports as well as work histories and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to have access to these files, and she could also go through the SEAR forms of any case at her current employer.
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. In this capacity, the firm collaborates with plaintiffs' lawyers in the development and execution of settlement agreements. It also has extensive experience defending companies against appeals.
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