An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can assist in ensuring the financial security of those who have been injured by exposure to this toxic mineral. Compensation could cover medical expenses, funeral and burial costs, loss of quality of life, and suffering and pain.
Our lawyers are local, regional and national counsel in massive toxic tort litigation. As a result, we are well-versed in the unique issues and the complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can trigger numerous serious medical conditions, such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits which seek compensation for victims and their families who have been exposed to this toxic substance. These cases can be a bit complicated and therefore it is essential to have a mesothelioma lawyer to assist you.
New York has had a long-running history of asbestos litigation. Many residents were exposed to the dangerous substance. In recent years there have been more lawsuits against asbestos producers in the past than ever before. These cases are a result of the recognition that asbestos is linked to diseases such as mesothelioma and lung cancer. These companies were aware the dangers that asbestos posed however, they failed to inform their employees and customers.
New York City is especially vulnerable to illnesses caused by asbestos because of its old structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the surrounding community.
Mesothelioma is triggered by exposure to asbestos in direct contact and a lot of workers were exposed to asbestos at work. Exposure to asbestos from the outside can result in mesothelioma. This includes spouses of asbestos-exposed workers who wore their husband's work clothes and came into contact with asbestos dust regularly.
Mesothelioma-related litigation can be expensive for defendants. This is particularly the case if they were incorrectly identified as defendants. According to an investigation, more than 3,600 claims have been filed in New York courts since 2014, and the number could increase even more. 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.
Defendants may be able to mitigate some of the expenses arising from these cases by asserting that their policy periods have expired or they are only accountable for a small portion of the amount of the claim. New York law does not provide a definitive rule on how to allocate the liability if the alleged risk is within and part outside of the insurance policies.
Asbestos-related diseases
A variety of asbestos-related illnesses can be triggered because of 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 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 the pleura). The inhalation of these tiny fibers can cause scarring of the lungs called asbestosis, and, sometimes, 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 the fibrosis. Pleural plaques or diffuse fibrosis could reduce lung capacity, as determined by a breathing test. They can also cause pain and difficulties in breathing, but they do not lead mesothelioma or cancer.
The signs of asbestos-related illness typically don't manifest until decades after initial exposure. This is because it could take between 20 to 50 years for the inhalation of asbestos fibers to damage the lungs. People at risk of developing mesothelioma and other asbestos-related ailments include those who handled, laundered and removed asbestos-containing products from the workplace, as well as spouses and children of those exposed to asbestos.
Other asbestos-related diseases apart from mesothelioma, include laryngeal carcinoma and lung cancer, peritoneal, ovarian, and peritoneal cancer. The most deadly form of mesothelioma is ovarian cancer, but it's less frequent than the general mesothelioma. It is diagnosed later than most other types of mesothelioma because it develops within the linings of reproductive organs. The symptoms can be similar to other diseases.
Many companies employed asbestos during the 20th century. They were aware that it was a risk. They exposed thousands of people to asbestos because they didn't remove it from their products. Now, those exposed are able to seek financial compensation. Many of the asbestos-related manufacturers have gone bankrupt. As a result, the victims can 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 over the safety of their workers and their customers for decades creating dangerous products without warning of the dangers. These companies are now confronting the consequences of their inattention. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete compensation.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have over 25 years experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have created asbestos courts with specialization, where claims can be filed more efficiently. In addition judges have created specialized procedures for evaluating and resolving such cases.
New York is one such state, with its own asbestos court known as NYCAL. The caseload in this specialty asbestos attorney in virginia court has been increasing steadily as more and more asbestos victims seek compensation from solvent asbestos defendants who have gone bankrupt. In order to ensure that the justice system isn't overloaded the New York Supreme Court has ordered the creation of a special judicial panel to supervise NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also evaluate the merits of each case to decide how much money a plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected issue its final decision before the end this year.
New York asbestos lawsuits are often complex and include allegations of multiple defendants. Belluck and Fox's lawyers have vast experience in litigating these complex cases. They are knowledgeable of New York's asbestos courts and their rules, regulations and policies in addition to other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this capacity lawyers devise strategies, manage regional and local counsel, and ensure consistent and efficient defenses for clients. They have worked 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 the best way to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors, and premises owners on matters involving claims of mesothelioma, lung cancer, and other asbestos-related diseases. The firm also works with clients to develop internal programs for identifying and addressing potential risks to safety and liability.
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 formulates 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 as negotiations with plaintiffs' lawyers and in coordinating discovery for its clients.
The firm's lawyers are skilled in defending clients from claims of mesothelioma and other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved with these cases, and the particular legal issues that arise when defending companies before federal and state courts across the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, defending them as lead trial counsel and in consolidated trials involving multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits in federal and state courts as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about the plaintiffs, including medical reports, work history and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel required a password in order to access the files. Then, she could look over any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in appellate and trial work, is recognized nationally for its ability to negotiate settlements for clients. In this capacity, the firm collaborates with lawyers representing plaintiffs in the creation and implementation of settlement agreements. Additionally, it has extensive experience defending companies against appeals.