An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A defense attorney for asbestos can protect those who's financial security was affected by exposure to the toxic mineral. Compensation may cover medical costs funeral and burial expenses, pain and suffering, and lost quality of life.
Our lawyers serve as local, regional, and national counsel in mass toxic tort litigation. As as such, we are acquainted with the particular issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can trigger serious medical conditions, such as mesothelioma. A New York asbestos attorney is skilled in dealing with lawsuits that seek the financial compensation of those affected by asbestos exposure and their families. 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 material. In recent years there have been more lawsuits against asbestos producers from the past than before. These cases are a result of the recognition of a connection between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. The companies were aware of the dangers that asbestos posed however, they failed to inform employees and consumers.
New York City is especially susceptible to diseases caused by asbestos because of its older structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the community surrounding it.
Many workers were exposed to asbestos in the workplace. In addition, exposure to asbestos through secondhand sources can cause mesothelioma. This includes spouses who wear husband's clothing to work and come into contact with asbestos dust regularly.
The mesothelioma litigation can be expensive for defendants, particularly when they are mistakenly identified 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 even more. Specialized asbestos law firms typically advertise on television during the day and encourage victims to file claims with the promise that they will receive significant settlements.
Defendants might be able to lower some of the costs associated with these cases by asserting that their policy periods have expired or they are only accountable for a small percentage of the total value of the claim. However, New York law has not provided a definitive rule regarding how to allocate liabilities when the alleged exposure is in and out of the insurance company's policy.
Asbestos-related diseases
Exposure to asbestos can trigger many different illnesses. The most severe condition is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare but fatal disease caused by exposure to asbestos fibers that collect in the lungs and irritate the lining of the ribcage, chest cavity and abdominal cavity (the Pleura). Inhaling these fibers can lead to scarring in the lungs, called asbestosis. It can also cause thickened pleura patches (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity, as measured by breathing tests. They also cause breathing problems and pain, though they do not cause mesothelioma or cancer.
Often, symptoms of asbestos-related illnesses don't manifest until decades after initial exposure. It can take up to 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace and their children, spouses and other people who are exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related diseases, apart from mesothelioma, include laryngeal cancer and lung cancer, peritoneal, ovarian, and peritoneal cancer. The most deadly form of mesothelioma is ovarian cancer, but it's much less prevalent than mesothelioma in general. It is diagnosed later than other mesothelioma types, because it is found in the linings of the reproductive organs. The symptoms can be similar to those of other illnesses.
Many companies used asbestos in the 20th century, however they were aware that it was hazardous. If they didn't remove asbestos from their products thousands of people were exposed. Now, these people have the right to seek financial compensation. Many asbestos-related companies are bankrupt. In the aftermath, victims can seek the money they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees as well as consumers, producing dangerous products, without warning of the risks. These companies are now facing the consequences of their carelessness. People whose lives have been disrupted by mesothelioma, cancer of the lung, and other asbestos-related illnesses 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 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 secure the maximum amount of compensation for our clients.
Many states have set up special asbestos courts in which claims can be filed and resolved more efficiently. Additionally, judges have established specialized procedures for evaluating and resolving such cases.
New York is one such state, with its own asbestos court known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have declared bankruptcy and have been unable to pay, the workload of the court has been steadily increasing. The New York Supreme Court created an additional judicial board that will oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Arlington asbestos lawsuit will also evaluate the merits of every claim to determine how much money each plaintiff should receive.
The panel is currently examining more than 3500 lawsuits. The panel is expected make a final decision by the end of this year.
New York asbestos lawsuits can be complicated and involve several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex cases. They are familiar with the rules regulations, policies, and procedures 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 across the country in multi-district, complex litigation. In this capacity lawyers devise strategies, oversee local and regional counsel, and ensure that they are able to provide consistent and effective defenses for clients. They have collaborated closely with trial and coordination judges and litigation special masters in the various jurisdictions where they were involved in asbestos litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best approach to defend a client from a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and property owners in matters involving claims of mesothelioma, lung cancer, and other asbestos-related illnesses. The firm collaborates with clients on developing internal programs to determine and address potential safety and liability 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, the firm develops litigation strategies, supervises regional and local counsel and achieves consistent and cost-effective defense, in line with client goals. It also plays a significant part in the administration and management of asbestos dockets as well in negotiations with plaintiffs' lawyers and leading discovery for its client.
The firm's attorneys have extensive trial and appellate experience defending clients from claims brought by injured claimants, such as those who claim mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are acquainted with the intricate research and technology involved in these cases as well as specific legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits as well as in consolidated cases that involve multiple plaintiffs. She has extensive experience litigating asbestos-related lawsuits in the federal and state courts, as well as a variety of Supreme Court and appellate bodies.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential data about the claimants. The files contained medical reports, work histories, and an inventory of asbestos-related products that plaintiffs worked with or near. Vogel required an account password to access the files. Then, she could look over any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in trial and appellate work, is recognized nationally for its ability to reach settlements on behalf of its clients. In this capacity, the firm collaborates closely with plaintiffs' lawyers in the development and execution of settlement agreements. It also has extensive experience defending companies against appeals.