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 affected by exposure to this toxic mineral. Compensation can cover medical expenses funeral and burial costs, loss of quality of life, as well as suffering and pain.
Our lawyers are 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 that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause serious medical conditions, such as mesothelioma. A New York asbestos attorney is adept at handling lawsuits seeking financial compensation for those who have suffered from asbestos exposure and their families. These cases can be extremely complex and therefore it is essential to have an experienced mesothelioma lawyer 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 claims against former asbestos manufacturers than ever before. These cases are a result of the recognition of a link between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. These companies were aware of the dangers that asbestos posed however, they failed to inform the employees and the public.
New York City is especially susceptible to diseases caused by asbestos due to its older structures and construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the surrounding community.
Many workers were exposed asbestos in the workplace. However, people also get diagnosed with mesothelioma following exposure to harmful substances. This is especially true for spouses who wear husband's clothing at work and come in contact with asbestos dust frequently.
The mesothelioma litigation can be costly for defendants, especially when they are incorrectly named as a defendant. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. 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.
Defendants might be able to mitigate some of the costs associated with these cases by arguing that their policy periods have expired or they're only accountable for a small portion of the amount of the claim. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure is within and outside the insurance company's policy.
Asbestos-related Diseases
A variety of asbestos-related illnesses can be triggered because of exposure to the mineral that causes cancer. The condition known as mesothelioma is the most severe. Many people have died due to mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and the pleural effusion.
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 the pleura). Inhaling asbestos fibers can cause scarring in the lungs, called asbestosis. It can also lead to thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity, as measured by breathing tests. They can also cause breathing problems and pain but they don't cause mesothelioma or cancer.
The symptoms of asbestos-related diseases typically do not manifest until decades after exposure. This is because it can take between 20 and 50 years for the inhalation of asbestos fibers to cause lung damage. People at risk of developing mesothelioma and other asbestos-related diseases include those who handled, cleaned and removed asbestos-containing materials from the workplace and their spouses and children of those who were exposed to asbestos.
Other asbestos-related diseases in addition to mesothelioma, include laryngeal carcinoma and lung cancer, peritoneal, ovarian, and peritoneal cancer. The most fatal form of mesothelioma is ovarian cancer, however it is less frequent than the general mesothelioma. It is often diagnosed later than other kinds of mesothelioma because it develops in the tissues of the reproductive organs, and symptoms can be similar to those of other illnesses.
A number of companies used asbestos in the 20th century. They were aware that it was hazardous. They exposed thousands of people to asbestos if they failed to remove asbestos from their products. Now, these people are able to claim financial compensation. Many asbestos-related manufacturers are bankrupt. This means that the victims can seek the compensation they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit over the safety of their workers and consumers for decades making dangerous products, without warning of the dangers. They are now paying for their carelessness. People whose lives have been disrupted by mesothelioma, lung cancer and other asbestos-related illnesses are seeking full and fair settlement.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and to obtain maximum compensation for our clients.
Many states have established asbestos courts with specialization, where claims can be filed more efficiently. In addition, judges have established specific procedures for evaluating and resolving asbestos cases.
New York is one such state with its own asbestos court known as NYCAL. The number of cases filed in this court has grown steadily, as increasing numbers of asbestos victims seek compensation from solvent former asbestos defendants who went bankrupt. To ensure that the justice system is not overwhelmed the New York Supreme Court has created an extra judicial panel to oversee NYCAL.
A panel composed of six Supreme Court Judges will review each case to determine if it is accepted or not. Judges will also evaluate the merits of each claim to determine how much the plaintiff's compensation should be.
Currently, the panel is reviewing more than 3,500 lawsuits. The panel is expected to announce its final decision before the end this year.
New York asbestos lawsuits are typically complex and often involve several defendants. Belluck and Fox's lawyers have a wealth of experience in the litigation of these difficult issues. They are familiar with New York's asbestos courts, including their rules, regulations and policies, as well as other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience serving as National Coordinating Counsel in asbestos litigation (click the following webpage), representing clients throughout the nation in multi-district, complex litigation. In this capacity, attorneys create strategies, coordinate and manage regional and local counsel, and ensure cost-effective, consistent defenses for each client. They have collaborated closely with coordinating and trial judges and special masters of litigation in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is best to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and owners of premises in cases involving claims for mesothelioma and lung cancer and other asbestos settlement-related diseases. The firm collaborates with clients on developing internal programs to identify and deal with potential liability and safety concerns.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role the firm designs litigation strategies, supervises regional and local counsel and provides a cost-effective and consistent defense in coordination with the client's goals. Additionally it plays an important part in the administration of asbestos dockets as well as negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's attorneys are experienced in defending clients from mesothelioma-related claims and other asbestos-related diseases. Asbestos defense lawyers are familiar with complex scientific issues involved in these cases, as and unique legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented numerous manufacturers as lead trial counsel in asbestos and product liability personal injury lawsuits, and in consolidated cases that involve multiple plaintiffs. She has extensive experience arguing asbestos-related lawsuits before the federal and state courts as well as various Supreme Court and appellate bodies.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information on the plaintiffs, including medical reports, work history and an inventory of asbestos-related products that plaintiffs worked with or around. Vogel was required to have access to the files and was able to go through the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is widely acclaimed for its ability to negotiate settlements for its clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. It also has a wealth of experience defending businesses against appeals.