An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can help protect the financial security of those harmed by exposure to this toxic mineral. Compensation could cover medical expenses funeral and burial costs, loss of quality of life, as well as suffering and pain.
Our attorneys serve as local, regional and national counsel in massive toxic tort litigation. As a result, we are familiarized with the unique issues and complex scientific aspects that are associated with asbestos attorney cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can cause severe medical conditions like mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek financial compensation for the victims and their families for exposure to this harmful substance. These cases can be extremely complex and therefore it is essential to have a reputable mesothelioma lawyer on your side.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous substance. In recent years, there have been more lawsuits against asbestos producers from the past than before. These cases are the result of the recognition that asbestos is associated with diseases such as mesothelioma and lung cancer. These companies were aware asbestos’s dangers however, they failed to inform their employees and customers.
New York City is especially susceptible to illnesses caused by asbestos due to its old structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the community surrounding it.
Mesothelioma can be caused by exposure to asbestos in direct contact and many workers were exposed to it at work. In addition, exposure to asbestos through secondhand sources can lead to mesothelioma. This is especially true for spouses who wear husband’s clothing at work and come in contact with asbestos dust frequently.
Mesothelioma-related litigation can be expensive for defendants. This is especially relevant if they’ve been incorrectly identified as defendants. According to a study, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number is expected to increase further. Specialized asbestos law firms often advertise on TV during the day and encourage victims to file claims, promising they will receive significant settlements.
Defendants may be able to reduce some of the expenses arising from these cases by arguing that their policy periods have expired or they’re only accountable for a small percentage of the total claim value. However, New York law has not set out a clear policy regarding how to allocate liabilities when the alleged exposure occurs within and outside the insurer’s policy periods.
Asbestos-related Diseases
Exposure to asbestos can trigger a wide range of ailments. The mesothelioma disease is the most severe. Many people have died due to mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma, a rare, but fatal disease, is caused by asbestos fibers that are found in the lung. They then irritate 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 patches of pleura (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They also cause breathing problems and pain but they don’t lead to cancer or mesothelioma.
The majority of the time, signs of asbestos-related illnesses don’t appear until decades after the initial exposure. It could take up to 50 years for asbestos fibers inhaled to cause lung damage. People who are at risk of developing mesothelioma or other asbestos-related ailments include those who handled, cleaned, and removed these materials from the workplace and their spouses and children of those who were exposed to asbestos.
In addition to mesothelioma other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and ovarian mesothelioma. Ovarian cancer is the most fatal mesothelioma that women suffer from, but it is less common than mesothelioma in general. It is diagnosed later than most other mesothelioma types, because it is found in the linings of the reproductive organs. The symptoms can be similar to those of other illnesses.
A number of companies used asbestos in the 20th century. They knew it was dangerous. They exposed thousands of people to asbestos when they didn’t eliminate it from their products. The affected people are now able to seek financial compensation. Many asbestos-related manufacturers are bankrupt. The victims are now able to seek compensation from trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the security of their employees and consumers, producing dangerous products without warning of the dangers. These companies are now facing the consequences of their carelessness. Victims of asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals get 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 attorneys work to hold corporations accountable and to secure maximum compensation for clients.
A number of states have set up special asbestos courts, where claims can be filed more efficiently. Judges have also created specific procedures to assess and resolve these cases.
New York, a state that has its own asbestos lawsuit, visit this link, court (known as NYCAL) is one of them. The number of cases filed in this court has been increasing steadily as more and more asbestos victims seek compensation from solvent former asbestos defendants who have gone bankrupt. The New York Supreme Court created a special judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review every case in NYCAL to determine whether or not to accept it. Judges will also assess the merits of each claim to determine how much the plaintiff’s compensation should be.
Currently, the panel is studying more than 3,500 lawsuits. The panel is expected to issue its final decision before the end of this year.
New York asbestos lawsuits are often complex and include allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult issues. They are knowledgeable of the rules regulations, policies, and procedures of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.
The firm also has extensive experience serving as National Coordinating Counsel in asbestos lawyers litigation, representing clients nationwide in complex, multi-district litigation. In this role, attorneys develop strategies, coordinate and oversee regional and local counsel and ensure cost-effective and consistent defenses for every client. They have worked closely in the past with trial judges, coordination judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is the best way to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and owners of premises on matters concerning mesothelioma-related claims, lung cancer and other asbestos-related illnesses. The firm collaborates with clients on developing internal programs to identify and address potential safety and liability issues.
Bowles Rice in addition to its national asbestos practice and multi-state asbestos litigation, serves as national Coordinating counsel. In this role, the firm develops litigation strategies, supervises regional and local counsel, and achieves consistent and cost-effective defense in coordination with client goals. It also plays a major role in the administration and management of asbestos dockets aswell in negotiations with plaintiffs’ lawyers and in coordinating discovery for its client.
The firm’s lawyers have a wealth of trial and appellate experience defending clients against claims by injured claimants, which includes those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science that is associated with these cases, and the unique legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented numerous manufacturers as the lead counsel in asbestos attorneys and personal injury lawsuits involving product liability and in consolidated cases that involve multiple claimants. She has extensive experience litigating asbestos-related lawsuits in the state and federal courts, as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short Evaluative reports that are encapsulated), which contained confidential information about the plaintiffs. The files contained medical reports and work histories, as well as an inventory of asbestos-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 its extensive experience in appellate and trial work, is nationally recognized for its ability to successfully negotiate settlements for its clients. The firm has worked closely with plaintiffs’ lawyers to create and implement settlement agreements. The firm also has extensive experience defending businesses against appeals.