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 who have been affected through exposure to this dangerous mineral. Compensation can cover medical costs funeral and burial costs as well as pain and suffering and loss of quality of life.
Our lawyers are involved in the mass litigation of toxic torts on a regional, national and local level. This means that we are well-versed in the unique issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can trigger serious medical conditions like mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek financial compensation for victims and their families for exposure to this toxic substance. These cases can be complex, and it is critical to have a reputable mesothelioma law firm on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to this dangerous material. In recent years there have been more claims against former asbestos manufacturers than ever before. These cases result from the recognition of a link between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. The companies were aware of the dangers associated with this hazardous mineral, but didn't inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its old structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the community around it.
Many workers were exposed to asbestos in the workplace. However, people also get diagnosed with mesothelioma after experiencing exposure to harmful substances. This includes spouses of asbestos-exposure workers who wore their husband's work clothes and came in contact with asbestos dust regularly.
The mesothelioma litigation can be costly for defendants, particularly if they are wrongfully named as a defendant. According to a study, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number could increase further. This type of litigation is typically supported by asbestos law firms that advertise on daytime TV and entice victims to file claims with the promise of substantial settlements.
Defendants might be able to reduce some of the costs arising from these cases by asserting that their policy periods have expired or they're only accountable for a small portion of the claim value. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure occurs partly in and out of the insurer's policy periods.
Asbestos-related diseases
A wide range of asbestos-related diseases can develop because of exposure to the toxic mineral. The most serious of these is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal condition, is caused by asbestos fibers which accumulate in the lungs. They then irritate the linings of the ribcage (the pleura), chest cavity and abdominal cavity. Inhaling these tiny fibers can cause scarring to the lungs known as asbestosis and sometimes the formation of thickened patches on the pleura, known as pleural plaques or a more widespread fibrosis of the pleura, referred to as diffused pleural fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause pain and discomfort in breathing, but they are not the cause of cancer or mesothelioma.
Often, symptoms of asbestos-related illnesses don't appear until decades after the initial exposure. It could take up to 50 years for asbestos fibers that are inhaled to cause lung damage. Workers who handled, cleaned, and removed asbestos from their workplaces and their spouses, children, and others exposed to asbestos are at risk for developing mesothelioma.
As well as mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma of the ovary. Ovarian cancer is the deadliest mesothelioma type for women however, it is much less common than mesothelioma general. It is diagnosed later than other types of mesothelioma because it occurs within the linings of reproductive organs. The symptoms can be similar to other diseases.
Several companies used asbestos during the 20th century. They knew it was a risk. When they failed to remove asbestos from their products, thousands of people were exposed. These people now have the right to seek financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. The victims are now able to claim compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit over the safety of their employees and their customers for decades, producing hazardous products without warning about the risks. These companies are now paying for their carelessness. People who's lives have been affected by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking full and fair settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families obtain the justice they deserve. Our lawyers have more than 25 years of experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and to obtain the maximum amount of compensation for our clients.
Many states have established asbestos courts that are specifically designed so that claims can be filed more efficiently. Judges have also established special procedures to review and resolve these cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of the states. The number of cases filed in this court has grown steadily, as more and more asbestos victims seek compensation from solvent former asbestos defendants who have gone bankrupt. The New York Supreme Court created a special judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review each case in NYCAL to decide whether or not to take it up with it. Judges will also consider the merits of every claim to determine the amount of the plaintiff's compensation should be.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits are typically complex and often include allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult cases. They are well-versed in the asbestos courts in New York and their rules, regulations and policies in addition to other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience serving as National Coordinating Counsel in asbestos litigation, representing clients across the country in multi-district litigation that is complex and complex. In this capacity, attorneys develop strategies, coordinate and oversee regional and local counsel, and ensure consistent and cost-effective defenses for every client. They have been in close contact with trial judges, coordination judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos mesothelioma asbestos attorney lawyer will decide which strategy is best to defend the client in a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and premises owners on matters involving mesothelioma claims, lung cancer and other asbestos-related diseases. The firm also assists clients to develop internal programs for identifying and addressing safety and liability issues.
Bowles Rice, in addition to its asbestos practice across the country and multi-state asbestos litigation, serves as national Coordinating counsel. In this role Bowles Rice formulates litigation strategies and manages regional and local counsel to ensure a uniform and cost-effective defence in coordination with the client's goals. It also plays a major part in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' lawyers and in coordinating discovery for its clients.
The firm's attorneys have a wealth of 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 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 defended numerous companies in asbestos and products liability personal injury cases, defending them as lead trial counsel and in consolidated trials that involved multiple claimants. She has extensive experience arguing asbestos-related lawsuits before the state and federal courts, as well as various appellate and Supreme Court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Evaluative reports that are encapsulated) that contained confidential information about plaintiffs. The files contained medical reports, work histories, and a list asbestos products that plaintiffs used or worked near. Vogel required access to a password to access the files. Then, she could go through any SEAR forms from her current employer.
In addition to its extensive trial and appellate experience as well as its vast trial and appellate experience, the Bowles Rice Asbestos Team is well-known throughout the country for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates closely with plaintiffs' lawyers in the preparation and execution of settlement agreements, and it has extensive experience in defending businesses against appeals.