An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer for asbestos defense can help protect those whose financial security has been affected by exposure to the harmful mineral. Compensation can cover medical expenses 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 national, regional and local scale. As as such, we are acquainted with the specific issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can trigger numerous serious medical conditions, including mesothelioma. A New York asbestos attorney is adept at handling lawsuits seeking financial compensation for victims of asbestos exposure and their families. These cases can be complex, so it's important 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 material. In recent years, there have been more lawsuits against former asbestos producers than ever before. These cases arise out of the recognition that asbestos is linked to illnesses such as mesothelioma or lung cancer. These companies were aware of the dangers that asbestos posed, but failed to warn their employees and customers.
The New York City area is particularly prone to asbestos-related diseases because of its older structures and a myriad of construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the community surrounding it.
Mesothelioma is triggered by exposure to asbestos in direct contact and many workers were exposed to it in the workplace. However, some people are diagnosed with mesothelioma following an exposure secondarily to the harmful substances. This includes spouses who wear husband's clothing at work and come in contact with asbestos dust regularly.
The mesothelioma litigation is costly for defendants, especially when they are mistakenly identified as a defendant. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This type of litigation is typically driven by asbestos law firms that advertise on daytime television and encourage victims to file claims with the promise of huge settlements.
The defendants could be able to reduce some of the costs of these cases by arguing that their policy periods are overdue or that they are only responsible a small portion of the value of the claim. New York law does not have a clear rule on how to divide the liability if the alleged risk is within and part outside of the insurer's policies.
Asbestos-related Illnesses
Exposure to asbestos can lead to a wide range of illnesses. The condition known as mesothelioma is the most serious. Many people have died due to mesothelioma. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and effusion are also
asbestos settlement-related.
Mesothelioma is a rare but fatal disease is caused by asbestos fibers that are found in the lungs. They then irritate the linings of the ribcage (the the pleura), chest cavity, and abdominal cavity. Inhaling these tiny fibers can cause scarring of the lungs known as asbestosis and occasionally, the formation of thickened patches on the pleura, known as plaques on the pleura, or the more widespread fibrosis of the pleura called diffused pleural fibrisis. Pleural plaques and diffused fibrosis reduce lung capacity, as measured by breathing tests. They also cause pain and difficulty breathing, though they do not cause mesothelioma or cancer.
The signs of asbestos-related illness typically do not manifest until decades after exposure. It can take up to 50 years for asbestos fibers that are inhaled to cause lung damage. People at risk of developing mesothelioma or any other asbestos-related conditions include workers who handled, washed and removed asbestos-containing materials from their workplaces, as well as spouses and children of asbestos-related exposure.
In addition to mesothelioma other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma of the ovary. The most fatal form of mesothelioma is ovarian cancer, however it is less common than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it occurs in the linings of reproductive organs. The symptoms may be similar to those of other illnesses.
A number of companies used asbestos in the 20th century. They were aware that it was dangerous. They exposed thousands of people to asbestos when they didn't eliminate asbestos from their products. Now, these people are able to seek financial compensation. Many asbestos-related companies are insolvent. In the aftermath, victims can seek the money they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have placed profits over the safety of their employees as well as consumers by producing dangerous products, without warning of the risks. They are now paying for their negligence. People whose lives have been disrupted by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals obtain 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 lawyers work to hold accountable large corporations accountable and to obtain the highest amount of compensation for our clients.
Many states have created asbestos courts with specialization, where claims can be filed more efficiently. Additionally, judges have established specific procedures for evaluating and resolving
asbestos case cases.
New York, a state which has its own
asbestos lawsuit court (known as NYCAL), is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants that have gone bankrupt, the caseload of this court has been steadily increasing. The New York Supreme Court created an additional judicial board that will supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review every case filed in NYCAL to decide whether to accept or reject it. Judges will also evaluate the merits of each claim to determine the amount of amount of money each plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to announce its final decision by the end 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 litigating these complex matters. They are well-versed in the rules, regulations, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions where they have handled multidistrict litigation.
The firm also has vast experience in serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in complex, multi-district litigation. In this capacity, lawyers develop strategies, coordinate and manage regional and local counsel and ensure cost-effective, consistent defenses for every client. They have been in close contact with trial judges, coordination judges, and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best strategy to defend a client from an asbestos-related personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and owners of premises on matters involving mesothelioma claims, lung cancer and other asbestos-related diseases. The firm works with clients in the development of internal programs to determine and resolve potential liability and safety concerns.
Bowles Rice in addition to its asbestos practice in the national level and multi-state asbestos litigation, is also the 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 needs. In addition it plays a crucial role in the management of asbestos dockets, negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's lawyers are skilled in defending clients against mesothelioma-related claims and other asbestos-related diseases.
asbestos Claim defense attorneys are acquainted with the complex science associated with these cases, as well as 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 product liability personal injury cases, representing them as the lead trial counsel in consolidated trials involving a variety of plaintiffs. She has extensive experience in litigating
asbestos case-related cases before the federal and state courts as well as before various supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about the plaintiffs, such as medical reports, a history of work and a list of asbestos products that the plaintiff worked with or around. Vogel was required to use a password to access these files and could look over the SEAR forms of any case with her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is nationally recognized for its ability to reach settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to draft and implement settlement agreements. The firm also has extensive experience in defending businesses against appeals.