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 assist those who's financial security was affected due to exposure to the hazardous mineral. Compensation can cover medical costs, funeral and burial expenses as well as pain and suffering and the loss of quality of life.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local scale. This means that we are familiarized with the unique issues and the complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can cause serious medical conditions, such as mesothelioma. A New York asbestos attorney is adept at dealing with lawsuits that seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complicated, and it is critical to have a reputable mesothelioma law firm by 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 are more lawsuits filed against asbestos settlement producers from the past than before. These cases stem from the recognition of a connection between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies were aware of the dangers that asbestos posed but did not take the time to warn employees and consumers.
New York City is especially vulnerable to illnesses caused by asbestos due to its older structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community surrounding it.
Many workers were exposed asbestos in the workplace. However, people also get diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses who wear husband's clothes at work and come in contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants. This is especially the case if they were wrongly identified as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. Specialized asbestos law firms often advertise on TV during the day and encourage victims to file claims with the promise that they will receive substantial settlements.
The defendants may be able lower some of the expenses arising from these cases by arguing that their policy periods have expired or they are only responsible for a tiny percentage of the amount of the claim. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure occurs partly within and outside the insurance company's policy.
Asbestos-related Diseases
A wide range of asbestos-related illnesses can develop because of exposure to the harmful mineral. The most serious condition is mesothelioma. Many people have died from mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness 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. This is called asbestosis. It can also cause thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity, as measured by breathing tests. They also cause pain and difficulty breathing however they do not cause mesothelioma or cancer.
Most of the time, symptoms of asbestos-related diseases don't show up until decades after the initial exposure. It can take up to 50 years for asbestos-related fibers to be 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 of developing mesothelioma.
In addition to mesothelioma other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and mesothelioma ovarian. The most fatal form of mesothelioma is called ovarian cancer, but it's less prevalent than mesothelioma in general. It is typically diagnosed later than other types of mesothelioma since it is a cancer that develops in the tissues of the reproductive organs and the symptoms may be similar to those of other illnesses.
Several companies used asbestos during the 20th century. They knew it was dangerous. They exposed thousands of people to asbestos if they didn't eliminate it from their products. These people can now sue for financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. This means that the victims are able to seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit before the safety of their employees and consumers for decades, producing hazardous products without warning about the risks. They are now confronting the consequences of their negligence. Patients who have suffered asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete settlement.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. Our lawyers have over 25 years of experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to obtain the maximum amount of compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolving more efficiently. Judges have also created special procedures to review and resolve these cases.
New York, a state which 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 asbestos defendants who went bankrupt. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also assess the merits of each claim to determine how much the plaintiff's compensation should be.
The panel is currently examining more than 3500 lawsuits. The panel is expected to issue its final ruling at the end of this year.
New York asbestos lawsuits are often complex and involve allegations of multiple defendants. Belluck and Fox's lawyers have vast experience in litigating these complex cases. They are knowledgeable of 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 extensive experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity, lawyers develop strategies, manage regional and local counsel, and ensure consistent and efficient defenses for clients. They have worked closely with trial and coordination judges and litigation special masters in various jurisdictions in which they have been involved in asbestos compensation litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best way to defend a client against an asbestos-related personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and property owners on matters involving claims of mesothelioma, lung cancer, and other asbestos-related diseases. The firm also assists clients to create internal programs to identify and addressing potential risks to safety and liability.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity, Bowles Rice develops strategies for litigation and supervises local and region counsel to ensure a uniform and cost-effective defense that is in line with the client's objectives. In addition it plays a crucial role in the administration of asbestos dockets, negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's lawyers have experience in defending clients against mesothelioma-related claims and other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science associated with these cases, as well as the unique legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented a variety of manufacturers as the lead counsel in asbestos and product liability personal injury lawsuits as well as in cases that have been consolidated involving multiple claimants. She has extensive experience litigating asbestos-related lawsuits before federal and state courts as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel handled asbestos cases for respondents, including those at the asbestos lawsuit Claim Facility in Northern California. The case files contained SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential data about the claimants. The files contained medical reports as well as work histories and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to use an account password to access 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 acknowledged nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates with the lawyers of plaintiffs in the development and execution of settlement agreements, and it has extensive experience in defending businesses against appeals.