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An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can help protect the financial security of those harmed through exposure to this dangerous mineral. Compensation can cover medical costs funeral and burial costs, loss of quality of life, as well as pain and suffering.
Our lawyers are involved in mass toxic tort litigation at a national, regional and local level. This means that we are familiarized with the unique issues and the complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause severe medical conditions like mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits which seek financial compensation for the victims and their families for exposure to this toxic substance. These cases can be complex and therefore it is essential 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 dangerous material. In recent times there have been more claims against former asbestos producers than ever before. These cases are a result of the recognition of a link between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. These companies were aware of the dangers that asbestos posed but did not take the time to warn the employees and the public.
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 location that continues to impact on the community surrounding it.
Many workers were exposed asbestos in their work environments. However, some people are diagnosed with mesothelioma following exposure to harmful substances. This includes spouses who wear their husband's clothes at work and come in contact with asbestos dust regularly.
The mesothelioma lawsuit can be costly for defendants, particularly when they are mistakenly identified as a defendant. According to a study, more than 3,600 claims have been filed in New York courts since 2014 and the number could rise further. This type of litigation is typically fueled by specialized asbestos law firms that advertise on daytime TV and entice victims to file claims, with the promise of huge settlements.
The defendants may be able reduce some of the costs of these cases by arguing their policies are in a lapse or that they are only responsible for a small portion of the amount claimed. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure occurs partly within and outside the policy period of the insurer.
Asbestos-Related Illnesses
Exposure to asbestos can trigger various diseases. The most severe condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos fibers that accumulate in the lungs and cause irritation to the lining of the chest cavity, ribcage, 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 decrease lung capacity as measured by breathing tests. They can also cause pain and difficulty in breathing, but they do not lead cancer or mesothelioma.
The majority of the time, signs of asbestos-related illnesses don't appear until decades after the initial exposure. This is because it can take between 20 to 50 years for the inhalation of asbestos fibers to damage the lungs. People at risk of developing mesothelioma or any other asbestos-related diseases include those who handled, cleaned and removed asbestos legal-containing materials from the workplace, as well as spouses and children of those who were exposed to asbestos.
Other asbestos-related diseases in addition to mesothelioma include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is among the most deadly form of mesothelioma for women however, it is much less common than mesothelioma general. It is diagnosed later than most other types of mesothelioma, because it is found within the linings of reproductive organs. The symptoms can be similar to other diseases.
Many companies employed asbestos in the 20th century, however they were aware that it was dangerous. They exposed thousands of people to asbestos when they didn't remove it from their products. These people can now seek financial compensation. Many asbestos-related manufacturers are bankrupt. The victims are now able to claim compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the safety of their employees as well as consumers by producing dangerous products, without warning of the dangers. These companies are now paying the price for their negligence. Patients who have suffered asbestos-related diseases like mesothelioma and lung cancer are seeking fair and full compensation.
The attorneys at Belluck & Fox are dedicated to assisting 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 large corporations responsible accountable and to secure the maximum amount of compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolving more efficiently. In addition judges have developed special procedures for evaluating and resolving such cases.
New York, a state that has its own asbestos court (known as NYCAL), is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt and have been unable to pay, the workload of this special court has steadily increased. To ensure that the justice system does not get overloaded the New York Supreme Court has ordered the creation of an extra judicial panel to oversee NYCAL.
A panel composed of six Supreme Court judges will review each case in NYCAL to determine whether to accept or reject it. Judges will also consider the merits of each case to decide how much money a plaintiff should receive.
The panel is currently studying more than 3,500 lawsuits. The panel is expected issue its final ruling at the end of this year.
New York asbestos lawsuits are usually complex and include allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex issues. They are familiar with New York's asbestos courts as well as their rules, regulations and policies in addition to other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience serving as National Coordinating Counsel in asbestos litigation, representing clients across the country in complex, multi-district litigation. In this capacity, lawyers create strategies, coordinate and oversee local and regional counsel, and ensure cost-effective, consistent defenses for every client. They have collaborated closely with coordinating and trial judges and litigation special masters in various jurisdictions in which they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is best to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors and property owners in cases involving claims for mesothelioma, lung cancer, and other asbestos-related illnesses. The firm also works with clients to create internal programs to identify and addressing safety and liability issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role, the firm develops strategies for litigation, oversees local and regional counsel, and ensures a consistent and cost-effective defense, in line with client goals. It also plays a major part in the administration and management of asbestos dockets aswell in negotiations with plaintiffs' lawyers and leading discovery for its client.
The firm's lawyers have a wealth of trial and appellate experience, defending clients against claims made by injured claimants, including those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, as well as the particular legal issues that arise when defending companies in 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 and in consolidated cases involving multiple plaintiffs. She has substantial experience litigating asbestos-related cases before the federal and state courts, as well as before a variety of supreme and appellate court bodies.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short Evaluative reports that are encapsulated) that contained confidential information about the plaintiffs. These included medical reports as well as work histories and an inventory of asbestos compensation-related products that plaintiffs worked with or near. 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. In this capacity, the company collaborates with lawyers representing plaintiffs in the creation and implementation of settlement agreements. Additionally, it has extensive experience in defending businesses against appeals.
