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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 protect the financial security of those affected by exposure to this toxic mineral. Compensation could cover medical expenses, funeral and burial costs, lost quality of life, and pain and suffering.
Our lawyers are local, regional and national counsel in massive toxic tort litigation. As a result, we are knowledgeable about the specific issues and the complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can cause various serious medical conditions, including mesothelioma. A New York asbestos attorney is skilled in dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be a bit complicated, so it's important to have a mesothelioma attorney to assist you.
New York has a long history of asbestos litigation, and many residents have been exposed to this dangerous substance. In recent times there have been more claims against former asbestos producers than ever before. These cases are the result of the recognition that asbestos can cause illnesses like mesothelioma and lung cancer. The companies were aware of asbestos's dangers, but failed to warn their employees and customers.
New York City is especially susceptible to diseases caused by asbestos due to its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the community around it.
Many workers were exposed to asbestos in the workplace. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses who wear husband's clothes to work and come into contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants, particularly when they are incorrectly named 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. This type of litigation is typically supported by asbestos law firms, which advertise on daytime TV and entice victims to file claims, with the promise of huge settlements.
The defendants could be able to reduce the cost of these cases by arguing that their policy periods are expired or that they only have to pay a small portion of the claim value. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure occurs partly in and out of the insurer's policy periods.
Asbestos-related Diseases
A myriad of asbestos-related illnesses can be triggered due to exposure to the toxic mineral. The most serious of these is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses 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 which accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the the pleura). The inhalation of these tiny fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the formation of thickened patches on the pleura, known as pleural plaques or an enlargement of fibrosis in the pleura, referred to as diffused pleural fibrisis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as measured by a breath test. They can also cause pain and difficulty breathing however they do not lead to cancer or mesothelioma.
The signs of asbestos-related illness typically are not evident until years after the initial exposure. This is because it could take between 20 and 50 years for the inhalation of asbestos fibers to cause lung damage. People at risk of developing mesothelioma and other asbestos-related diseases include those who handled, cleaned, and removed these materials from their workplaces and their spouses and children of those exposed to asbestos.
Other asbestos-related diseases in addition to mesothelioma, include lung cancer and laryngeal carcinoma and peritoneal, ovarian and peritoneal cancer. The most fatal form of mesothelioma is called ovarian cancer, but it's much less frequent than the general mesothelioma. It is diagnosed later than most other mesothelioma types, because it occurs in the linings of reproductive organs. Symptoms can be similar to other illnesses.
Several companies used asbestos during the 20th century. They were aware that it was a risk. When they did not remove asbestos from their products thousands of people were exposed. These people can now claim financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the security of their employees and consumers by producing dangerous products, without warning of the risks. These companies are now confronting the consequences of their inattention. People who have suffered from asbestos-related illnesses 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 clients receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to secure the maximum amount of compensation for our clients.
A number of states have established special asbestos courts in which claims can be filed and resolving more efficiently. Judges have also developed specific procedures to assess and resolve 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 declared bankruptcy and have been unable to pay, the workload of this special court has been steadily increasing. The New York Supreme Court created an extra judicial board to oversee NYCAL in order to keep the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case filed in NYCAL to determine whether or not to accept it. Judges will also evaluate the merits of each claim to determine how much a plaintiff should receive.
Currently, the panel is studying more than 3,500 lawsuits. The panel is expected make a final decision at the end of this year.
New York asbestos lawsuits can be complex and can involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated issues. They are familiar with 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 throughout the nation in complex, multi-district litigation. In this capacity, attorneys create strategies, coordinate and manage local and regional counsel, and ensure cost-effective and consistent defenses for each client. They have worked closely with coordinating and trial judges and litigation special masters in the various jurisdictions where they were involved in asbestos litigation (Cs.xuxingdianzikeji.com).
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is most effective to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and premises owners in matters involving claims of mesothelioma, lung cancer and other asbestos-related diseases. The firm works with clients on developing internal programs to determine and address potential safety and liability concerns.
In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity Bowles Rice formulates litigation strategies and oversees regional and local counsel to ensure a uniform and cost-effective defense that is in line with the client's needs. In addition it plays a crucial role in the administration of asbestos dockets and negotiations with plaintiffs' counsel and lead discovery for its clients.
The firm's lawyers are skilled in defending clients against mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the intricate scientific issues involved in these cases as and particular legal issues that arise when defending companies before state and federal courts throughout the United States.
Catherine has represented a variety of manufacturers as the lead counsel in asbestos and personal injury lawsuits involving product liability as well as in consolidated cases that involve multiple claimants. She has substantial experience litigating asbestos-related cases before state and federal courts and before various supreme and appellate courts.
While at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about claimants, such as medical reports, a history of work and an inventory of asbestos-related products that plaintiffs worked with or around. Vogel required an account password to access the files. She was then able to review any SEAR forms that she received from her current employer.
In addition to its extensive trial and appellate experience in addition to its extensive 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. It also has extensive experience in defending businesses from appeals.
