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 assist those who's financial security was affected by exposure to the harmful mineral. Compensation can cover medical costs funeral and burial costs, lost quality of life, and pain and suffering.
Our attorneys are involved in the mass litigation of toxic torts at a national, regional and local scale. As our lawyers are well-versed with the specific issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can cause various serious medical conditions, such as mesothelioma. A New York
asbestos lawyer is skilled in handling
asbestos lawyer lawsuits that seek financial compensation for victims and their families who have been exposed to this harmful substance. These cases can be a bit complicated and it's crucial to have a mesothelioma lawyer to assist you.
New York has a long history of asbestos litigation and many residents have been exposed to this hazardous material. In recent years there are more lawsuits filed against asbestos producers in the past than ever before. These cases arise out of the recognition that asbestos is linked to illnesses such as mesothelioma or lung cancer. These companies knew of the dangers associated with the dangerous mineral, but they didn't warn their employees and consumers.
The New York City area is particularly prone to
asbestos attorney-related diseases due to its old structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the surrounding community.
Mesothelioma is triggered by exposure to asbestos in direct contact, and many workers were exposed at work. However, people also get diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This includes spouses who wear their husband's clothing at work and come in contact with asbestos dust frequently.
The litigation associated with mesothelioma can be costly for defendants, particularly when they are incorrectly named as a defendant. According to a study, more that 3,600 claims have been filed in New York courts since 2014 and the number could increase further. This niche litigation is often driven by asbestos law firms that advertise on television during the day and encourage victims to file claims, with the promise of large settlements.
The defendants may be able reduce some of the costs arising from these cases by argument that their policy terms expire or they are only accountable for a small portion of the value of the claim. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure is in and out of the policy period of the insurer.
Asbestos-related Diseases
Exposure to asbestos can lead to a wide range of ailments. The mesothelioma disease is the most severe. Many have died from mesothelioma. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal condition, is caused by asbestos fibers that are found in the lungs. They then irritate the linings of the ribcage (the pleura) as well as the chest cavity and abdominal cavity. Inhaling these tiny fibers can result in scarring of the lungs, a condition known as asbestosis and, sometimes, the formation of thickened patches on the pleura referred to as plaques of pleura or an enlargement of fibrosis in the pleura, referred to as diffused pleural fibrisis. Pleural plaques or diffuse fibrosis can reduce lung capacity as measured by a breath test. They can also cause pain and difficulty in breathing, but they do not lead mesothelioma or cancer.
The signs of asbestos-related illness typically are not evident until years after initial exposure. This is due to the fact that it can take between 20 to 50 years for inhalation of asbestos fibers to damage the lungs. 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.
As well as mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most fatal form of mesothelioma is called ovarian cancer, however it is less prevalent than mesothelioma in general. It is often diagnosed later than other types of mesothelioma because it is a cancer that develops in the tissues of the reproductive organs and symptoms can be similar to symptoms of other diseases.
Several companies used asbestos during the 20th century. They knew it was hazardous. If they didn't remove it from their products, thousands of people were exposed. Now, those exposed are able to seek financial compensation. Many asbestos-related companies are insolvent. This means that the victims can seek the compensation they are entitled to from trust funds established 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, producing dangerous products, without warning of the risks. These companies are now confronting the consequences of their carelessness. People who's lives have been affected by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking full and fair compensation.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get 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 corporations accountable and obtain maximum compensation for clients.
A number of states have established special asbestos courts in which claims can be filed and resolving more efficiently. Additionally judges have developed specific procedures to evaluate and resolve asbestos cases.
New York is one such state that has its own asbestos court known as NYCAL. The number of cases in this court has increased steadily, as increasing numbers of asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. 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 composed of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also assess the merits of each claim to determine the amount of the plaintiff's compensation should be.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to announce its final decision by 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 litigating 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 in which they have handled multidistrict litigation.
The firm also has vast experience in serving as National Coordinating Counsel in
asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity lawyers devise strategies, manage local and regional counsel and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely in the past with trial judges, coordinating judges, and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa
asbestos lawyer will determine what strategy is most effective to defend the client against a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and distributors, contractors, and property owners on issues involving mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm collaborates with clients to develop internal programs to determine and deal with 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 capacity, Bowles Rice develops litigation strategies and manages local and region counsel to ensure a consistent and cost-effective defence in coordination with the client's needs. In addition it plays an important role in the administration of asbestos dockets, negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's attorneys have extensive trial and appellate experience, defending clients against claims by injured claimants, such as those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science involved in these cases, as well as specific legal issues that arise while representing companies in federal and state courts across the United States.
Catherine has represented numerous manufacturers as the lead counsel in asbestos and personal injury lawsuits related to product liability and in cases that have been consolidated involving multiple plaintiffs. She has extensive experience litigating asbestos-related lawsuits before federal and state courts as well as various appellate and Supreme Court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents in the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative reports that are encapsulated), which contained confidential information about the claimants. These included medical reports and work histories, as well as the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to use access to these files and could look over the SEAR forms of any case at 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. The firm has worked closely with plaintiffs' lawyers to create and implement settlement agreements. The firm also has extensive experience in defending businesses from appeals.
