An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer for asbestos defense can protect those who’s financial security was affected by exposure to the toxic mineral. Compensation can cover medical costs, funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our lawyers are involved in the mass litigation of toxic torts on a national, regional and local scale. As such, we are familiar with the specific issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can trigger a variety of severe medical conditions, including mesothelioma. A New York asbestos attorney [simply click Danangplay] is experienced in dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be complex, 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 the dangerous material. In recent times there have been more claims against former asbestos manufacturers than ever before. These cases stem from the recognition of a connection between asbestos and certain diseases such as mesothelioma, lung cancer and asbestosis. These companies were aware asbestos’s dangers but did not take the time to warn their employees and customers.
New York City is especially susceptible to illnesses caused by asbestos due to its older structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the surrounding community.
Mesothelioma can be caused by exposure to asbestos in direct contact and many workers were exposed to asbestos at work. However, people also get diagnosed with mesothelioma following secondhand exposure to the harmful substances. This includes spouses who wear their husband’s clothing to work and come into contact with asbestos dust on a regular basis.
The mesothelioma litigation is costly for defendants, especially when they are incorrectly named 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 further. This kind of litigation is usually supported by asbestos law firms, which advertise on daytime TV and entice victims to file claims, with the promise of substantial settlements.
Defendants may be able to reduce some of the costs associated with these cases by asserting that their policy periods expire or they are only responsible for a tiny percentage of the claim value. However, New York law has not set out a clear policy regarding how to allocate liabilities when the alleged exposure is within and outside the policy period of the insurer.
Asbestos-Related Diseases
A wide range of asbestos-related illnesses can develop because of exposure to the toxic mineral. The most serious condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness that is caused by asbestos fibers that collect in the lungs. They then cause irritation to the linings of the ribcage (the pleura), chest cavity, and abdominal cavity. The inhalation of these tiny fibers can cause scarring to the lungs called asbestosis, and occasionally, the formation of thickened patches on the pleura referred to as pleural plaques or a more widespread fibrosis of the pleura, referred to as diffused pleural fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause discomfort and breathing difficulties however they do not cause mesothelioma or cancer.
The symptoms of asbestos-related diseases typically don’t manifest until decades after exposure. It can take as long as 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 spouses, children and other people who are exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related diseases apart from mesothelioma, include laryngeal carcinoma and lung cancer, peritoneal, ovarian, and peritoneal cancer. The most deadly mesothelioma type is ovarian cancer, but it’s much less frequent than the general mesothelioma. It is diagnosed later than other mesothelioma types, because it develops in the linings of the reproductive organs. Symptoms can be similar to other diseases.
A number of companies used asbestos in the 20th century. They knew it was dangerous. They exposed thousands of people to asbestos when they failed to remove asbestos from their products. Now, those exposed are able to seek financial compensation. Many asbestos-related companies are bankrupt. The victims can now seek compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their workers and customers for a long time making dangerous products, without warning of the dangers. These companies are now facing the consequences of their carelessness. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete settlement.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals receive the justice they need. 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 obtain the maximum amount of compensation for our clients.
Many states have established special asbestos courts in which claims can be filed and resolved more efficiently. In addition judges have developed specific procedures for evaluating and resolving asbestos cases.
New York, a state that has its own asbestos claim court (known as NYCAL) is one of the states. The caseload in this specialty court has grown steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who went bankrupt. The New York Supreme Court created an extra judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case in NYCAL to decide whether or not to take it up with it. Judges will also consider the merits of every claim to determine how much the plaintiff’s compensation should be.
Currently, the panel is looking into more than 3500 lawsuits. The panel is expected issue its final decision by the end of the year.
New York asbestos lawsuits can be complicated and involve multiple defendants. Belluck & Fox’s lawyers have extensive experience in the litigation of these difficult cases. They are knowledgeable of New York’s asbestos courts and their rules and regulations, as well as other jurisdictions where they have handled multi-district litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this capacity, attorneys develop strategies, coordinate and oversee local and regional counsel, and ensure consistent and cost-effective defenses for each client. They have worked closely with coordinating and trial judges and special masters of litigation in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is best to defend the client against an injury claim that involves asbestos. The Bowles Rice asbestos compensation Team counsels product manufacturers, suppliers, distributors, contractors and property owners in cases involving claims for mesothelioma and lung cancer and other asbestos-related illnesses. The firm also assists clients to develop internal programs for identifying and addressing risks to safety and liability.
Bowles Rice in addition to its national asbestos practice and multi-state asbestos litigation, serves as national Coordinating counsel. In this role the firm designs litigation strategies, manages regional and local counsel and ensures a consistent and cost-effective defense, in line with client goals. Additionally it plays an important role in the administration of asbestos dockets, negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm’s attorneys are experienced in defending clients from claims of mesothelioma and 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 businesses before federal and state courts across the United States.
Catherine has represented numerous manufacturers as the lead counsel in asbestos and personal injury lawsuits involving product liability as well as in consolidated cases involving multiple plaintiffs. She has extensive experience in litigating asbestos case-related lawsuits in the federal and state courts as well as various appellate and Supreme Court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about plaintiffs, including medical reports, work history, and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel was required to have a password in order to access the files. She could then 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 nationally recognized for its ability to negotiate settlements for its clients. In this capacity, the company works closely with the lawyers of plaintiffs in the creation and implementation of settlement agreements. Additionally, it has extensive experience in defending businesses against appeals.