An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer who is a defense attorney for asbestos can assist those who's financial security was affected by exposure to the harmful mineral. Compensation could cover medical expenses funeral and burial costs, lost quality of life, as well as pain and suffering.
Our lawyers are national, regional and local counsel in large toxic tort litigation. This means that we are well-versed in the unique issues and complex scientific aspects that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause serious medical conditions like mesothelioma. A New York asbestos lawyer is experienced in dealing with asbestos lawsuits, which seek financial compensation for victims and their families due to exposure 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 history of asbestos litigation, and many residents were exposed to this dangerous substance. In recent years there are more lawsuits filed against former asbestos producers than ever before. These cases stem from the recognition of a link between asbestos and diseases like mesothelioma and lung cancer and asbestosis. The companies were aware of the dangers of the asbestos-containing mineral, yet they didn't warn their employees and consumers.
New York City is especially susceptible to diseases caused by asbestos because of its older structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community around it.
Many workers were exposed to asbestos at work. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses of asbestos-exposed workers who wore their husband's work clothes and came into contact with asbestos dust on a regular basis.
The litigation associated with mesothelioma is costly for defendants, especially when they are incorrectly named as a defendant. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This type of litigation is typically fueled by specialized asbestos law firms that promote 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 policy periods are expired or that they only have to pay only a small percentage of the value of the claim. However, New York law has not set out a clear policy on how to divide liabilities when the alleged exposure occurs outside of the policy period of the insurer.
Asbestos-Related Illnesses
A variety of asbestos-related diseases can develop due to exposure to the harmful mineral. The most severe condition is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal disease is caused by asbestos fibers that are found in the lungs. They then cause irritation to the linings of the ribcage (the the pleura), chest cavity, and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs. This is called asbestosis. It can also lead to thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause pain and discomfort in breathing, but they are not the cause of cancer or mesothelioma.
The symptoms of asbestos-related diseases typically don't manifest 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 the workplace as well as children, spouses and other people who are exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma, include laryngeal carcinoma and lung cancer, peritoneal, ovarian, and peritoneal cancer. Ovarian cancer is the most fatal mesothelioma that women suffer from however, it is much less prevalent than mesothelioma in general. It is diagnosed later than most other types of mesothelioma because it develops in the linings of the reproductive organs. The symptoms may be similar to other diseases.
There were many companies that used asbestos in the 20th century, but they knew that it was a risk. If they didn't remove asbestos from their products thousands of people were exposed. The affected people are now able to sue for financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. This means that the victims can seek the money they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees as well as consumers, manufacturing hazardous asbestos attorney lawyer mesothelioma products, without warning of the risks. These companies are now facing the consequences of their carelessness. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete settlement.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our lawyers have more than 25 years of experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and seek the highest amount of compensation for their clients.
Many states have created asbestos courts with specialization, where claims can be filed more efficiently. Judges have also established specialized procedures to evaluate and resolve asbestos-related cases.
New York, a state with its own asbestos court (known as NYCAL), is one of the states. The caseload in this specialty court has been increasing steadily as increasing numbers of asbestos victims seek compensation from solvent former asbestos defendants who have gone bankrupt. In order to ensure that the justice system is not overwhelmed the New York Supreme Court has established a special judicial panel to oversee NYCAL.
A panel 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 decide how much money a plaintiff should be awarded.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected issue its final decision before the end of the year.
New York asbestos lawsuits can be complicated and can involve multiple defendants. Belluck and Fox's lawyers have a wealth of experience in the litigation of these difficult issues. They are knowledgeable of New York's asbestos courts as well as their rules, regulations and policies in addition to other jurisdictions where they have handled multi-district litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity lawyers devise strategies, manage local and regional counsel, and ensure that they are able to provide consistent and efficient 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 which strategy is best to defend the client against a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and owners of premises on matters involving claims of mesothelioma, lung cancer, and other asbestos-related diseases. The firm also works with clients to create internal programs to identify and addressing risks to safety and liability.
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 role, Bowles Rice develops strategies for litigation and supervises regional and local counsel to achieve a consistent and cost-effective defense in accordance with the client's needs. In addition it plays a crucial part in the administration of asbestos dockets and negotiations with plaintiffs' counsel and lead discovery for its clients.
The firm's attorneys have a wealth of trial and appellate experience defending clients against claims made by injured claimants, which includes those who claim mesothelioma and other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved in these cases as in addition to specific legal issues that arise while defending companies before state and federal courts throughout the United States.
Catherine has represented numerous manufacturers in asbestos and product liability personal injury cases, defending them as lead trial counsel and in consolidated trials that involved multiple plaintiffs. She has substantial experience litigating asbestos-related cases in state and federal courts and before various supreme and appellate courts.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential information about the plaintiffs. This included medical reports and work histories, as well as a list asbestos products that plaintiffs worked with or near. Vogel required an account password to access the files. She could then review any SEAR forms provided by her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is recognized nationally for its ability to successfully negotiate settlements for its clients. In this capacity, the company collaborates closely with the lawyers of plaintiffs in the creation and implementation of settlement agreements. Additionally, it has extensive experience defending companies against appeals.