An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer who is a defense attorney for asbestos can protect those whose financial security has been affected by exposure to the toxic mineral. Compensation may cover medical costs, funeral and burial expenses, pain and suffering, and the loss of quality of life.
external frameOur lawyers are involved in the mass litigation of toxic torts on a national, regional and local scale. As as such, we are acquainted with the unique issues and complex science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause severe medical conditions such as mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek financial compensation for victims and their families who have been exposed to this harmful substance. These cases can be complicated and therefore it is essential 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 times there have been more lawsuits against former asbestos manufacturers than ever before. These cases stem from the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies were aware the dangers that asbestos posed but did not take the time to warn employees and consumers.
New York City is especially susceptible to diseases caused by asbestos because of its older structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the surrounding community.
Many workers were exposed asbestos at work. In addition, exposure to asbestos through secondhand sources 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.
The mesothelioma litigation is costly for defendants, particularly when they are incorrectly 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 increase. This niche litigation is often driven by asbestos law firms, which advertise on television during the day and encourage victims to file claims with the promise of large 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're only responsible for a small percentage of the amount 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 outside of the insurer's policy periods.
Asbestos-Related Illnesses
Exposure to asbestos can lead to many different illnesses. The mesothelioma condition is the most serious. Many people have died from mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and pleural effusion.
Mesothelioma, a rare, but fatal condition that is caused by asbestos fibers that accumulate in the lungs. They then cause irritation to the linings of the ribcage (the Pleura), chest cavity, and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs. This is called asbestosis. It can also result in thickened patches of pleura (pleural plaques) or a more extensive fibrosis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as measured by a breath test. They also cause breathing problems and pain however they do not cause mesothelioma or cancer.
The majority of the time, signs of asbestos-related diseases don't appear until decades after the initial exposure. It can take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. Workers who handled, cleaned, and removed asbestos from their workplaces and their children, spouses and other people who are exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma, include lung cancer and laryngeal carcinoma and peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the most fatal mesothelioma lawsuits type for women however it is much 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.
Many companies employed asbestos during the 20th century. They knew it was dangerous. They exposed thousands of people to asbestos when they didn't eliminate it from their products. They can now sue for financial compensation. Many of the asbestos-related manufacturers have declared bankruptcy. The victims are now able to seek compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits before the safety of their workers and consumers for decades creating dangerous products without warning of the dangers. These companies are now paying the price for their negligence. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get 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 (simply click Streampy) work to hold large corporations accountable and seek the maximum amount of compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolved more efficiently. Additionally judges have created specialized procedures for evaluating and resolving such cases.
New York, a state with its own asbestos court (known as NYCAL) is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants that have gone bankrupt, the caseload of the court has been steadily increasing. 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 filed in NYCAL to decide whether or not to take it up with it. Judges will also assess the merits of each case to determine how much the plaintiff is entitled to.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected make a final decision by the end of this year.
New York asbestos lawsuits can be complicated and can involve multiple defendants. Belluck and Fox's lawyers have a wealth of experience in defending these complicated cases. They are familiar with the rules regulations, rules, 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 litigation that is complex and complex. In this capacity, lawyers create strategies, coordinate and oversee local and regional counsel, and ensure cost-effective, consistent defenses for each client. They have collaborated closely with trial and coordination judges and litigation special masters in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best approach to defend a client against an asbestos personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and owners of premises on matters involving claims of mesothelioma, lung cancer and other asbestos-related diseases. The firm also assists clients to create internal programs for identifying and addressing potential safety and liability concerns.
In addition to its asbestos practice in the national level, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice formulates strategies for litigation and supervises regional and local counsel to ensure a uniform and cost-effective defense in accordance with the client's needs. Additionally it plays an important part in the administration of asbestos dockets and negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm's lawyers have a wealth of trial and appellate experience defending clients against claims by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, as well as the particular legal issues that arise when defending businesses in federal and state courts across the United States.
Catherine has represented numerous companies in asbestos and products liability personal injury cases, defending them as the lead trial counsel in consolidated trials that involved multiple claimants. She has extensive experience in litigating asbestos-related cases before federal and state courts and before various appellate and supreme court bodies.
While at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about the plaintiffs, such as medical reports, a history of work, and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel was required to use a password to access 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 vast experience in trial and appellate work, is nationally recognized for its ability to negotiate settlements for clients. In this capacity, the firm collaborates with the lawyers of plaintiffs in the development and execution of settlement agreements. Additionally, it has extensive experience defending companies against appeals.