An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can assist in ensuring the financial security of those who have been injured by exposure to this toxic mineral. Compensation can cover medical costs funeral and burial expenses as well as pain and suffering and lost quality of life.
Our lawyers serve as local, regional, and national counsel in massive toxic tort litigation. This means that we are knowledgeable about the specific issues and complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can cause numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits which seek financial compensation for victims and their families who have been exposed to this toxic substance. These cases can be a bit 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 this dangerous substance. In recent years, there have been more lawsuits against asbestos producers from the past than before. These cases arise out of the realization 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 the employees and the public.
The New York City area is particularly susceptible to asbestos-related illnesses due to its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to impact on the surrounding community.
Many workers were exposed asbestos in the workplace. Exposure to asbestos from the outside can lead to mesothelioma. This is especially true for spouses who wear husband's clothes at work and come in contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is especially true if they have been wrongly named as defendants. According to a study, more than 3,600 lawsuits have been filed in New York courts since 2014, and the number could rise further. The asbestos law firms that specialize in asbestos often advertise on television during the day and encourage victims to file claims under the premise that they will receive 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're only responsible for a small percentage of the claim value. However, New York law has not established a clear rule 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 trigger a wide range of illnesses. The mesothelioma disease is the most serious. Many people have died due to mesothelioma. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that collect in the lungs and cause irritation to the lining of the chest cavity, ribcage, and abdominal cavity (the Pleura). Inhaling these tiny fibers can cause scarring to the lungs called asbestosis, and sometimes the development of thickened patches on the pleura called plaques of pleura or an enlargement of fibrosis in the pleura known as diffused the fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity as determined by breathing tests. They can also cause pain and difficulty breathing however they do not lead to cancer or mesothelioma.
Symptoms of asbestos lawsuit-related disease often don't manifest until decades after exposure. This is because it can take between 20 to 50 years for exposure to asbestos fibers to cause lung damage. People at risk of developing mesothelioma and other asbestos legal-related ailments include those who handled, cleaned and removed asbestos-containing products from the workplace, as well as spouses and children of those who were exposed to asbestos.
Other asbestos-related illnesses, in addition to mesothelioma, include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the most fatal mesothelioma that women suffer from, but it is less prevalent than mesothelioma in general. It is typically diagnosed later than other types of mesothelioma because it develops in the lining of the reproductive organs, and the symptoms can be similar to those of other diseases.
A number of companies used asbestos in the 20th century. They knew it was hazardous. They exposed thousands of people to asbestos because they failed to remove it from their products. These people can now sue for financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. As a result, the victims can seek the money they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have placed profits over the safety of their employees and consumers, manufacturing hazardous products, without warning of the risks. These companies are now paying the price for their carelessness. People who have suffered from asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals receive 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 large corporations accountable and obtain the maximum amount of compensation for our clients.
A number of states have set up asbestos courts with specialization, where claims can be filed more efficiently. Judges have also developed specialized procedures to evaluate and resolve such cases.
New York is one such state that has its own asbestos court known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have gone bankrupt and have been unable to pay, the workload of this court has been steadily increasing. To ensure that the justice system is not overwhelmed, the New York Supreme Court has ordered the creation of an extra judicial panel to supervise NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also evaluate the merits of each case to determine the amount a plaintiff should receive.
At present, the panel is looking into more than 3500 lawsuits. The panel is expected to make a final decision by the end of this year.
New York asbestos lawsuits can be complex and involve several defendants. Belluck and Fox's lawyers have a wealth of experience in litigating these complex issues. They are familiar with the rules regulations, policies, and procedures of the asbestos lawsuit 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 serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this capacity lawyers devise strategies, oversee local and regional counsel and ensure consistent and effective defenses for clients. They have collaborated closely with trial and coordination 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 decide which strategy is the best way to defend the client from a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors, and owners of premises on matters involving mesothelioma claims, lung cancer, and other asbestos-related illnesses. The firm works with clients in the development of internal programs to deal with potential liability and safety issues.
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 develops litigation strategies and manages regional and local counsel to ensure a consistent and cost-effective defence in coordination with the client's goals. Additionally, it plays a key role in the administration of asbestos dockets, negotiations with counsel for plaintiffs and lead discovery for its clients.
The firm's lawyers are skilled in defending clients from mesothelioma-related claims and other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science associated with these cases, as well as the unique legal issues that arise when defending businesses in federal and state courts across the United States.
Catherine has represented numerous manufacturers in asbestos and products liability personal injury cases, representing them as lead trial counsel and in consolidated trials that involved multiple plaintiffs. She has extensive experience in arguing asbestos-related cases in federal and state courts as well as before a variety of appellate and supreme court bodies.
While at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about the plaintiffs, such as medical reports, work histories, and the list of asbestos case-related products that plaintiffs worked with or around. Vogel was required to have a password to access the files and was able to go through 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 successfully negotiate settlements for clients. The firm has worked closely with plaintiffs' lawyers to create and implement settlement agreements. It also has extensive experience in defending businesses from appeals.