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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 assist those who's financial security was affected due to exposure to the hazardous mineral. Compensation can cover medical expenses, funeral and burial costs, loss of quality of life, as well as pain and suffering.
Our attorneys are involved in the mass litigation of toxic torts on a national, regional and local level. We are familiarized with the unique issues and complex aspects of science that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can trigger numerous serious medical conditions, such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek compensation for victims and their families who have been exposed to this harmful substance. These cases can be extremely complex and it is crucial 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 material. In recent years, there are more lawsuits filed against asbestos producers in the past than ever before. These cases arise out of the realization that asbestos is associated with illnesses like mesothelioma attorneys and lung cancer. These companies were aware of the dangers that asbestos posed however, they failed to inform the employees and the public.
New York City is especially susceptible to diseases caused by asbestos because of its old structures and many construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the surrounding community.
Many workers were exposed asbestos in their work environments. Secondhand exposure can also lead to mesothelioma. This includes spouses who wear husband's clothes to work and come into contact with asbestos dust on a regular basis.
The mesothelioma lawsuit can be costly for defendants, particularly when they are mistakenly 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. This niche litigation is often driven by asbestos law firms that advertise on television during the day and encourage victims to file claims, with the promise of huge settlements.
The defendants may be able lower some of the expenses arising from these cases by arguing that their policy periods have expired or they're only responsible for a tiny portion of the amount of the claim. However, New York law has not established a clear rule on how to divide liabilities when the alleged exposure occurs partly in and out of the insurance company's policy.
Asbestos-related Illnesses
Exposure to asbestos can trigger various ailments. The most severe condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers which accumulate in the lungs and cause irritation to the lining of the chest cavity, ribcage and abdominal cavity (the the pleura). Inhaling asbestos fibers can cause scarring of the lungs, called asbestosis. It can also cause thickened patches of pleura (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity as measured by breathing tests. They also cause breathing problems and pain, though they do not cause mesothelioma or cancer.
The symptoms of asbestos-related diseases typically do not manifest until decades after initial exposure. This is because it could take between 20 and 50 years for the inhalation of asbestos-containing fibers to cause lung damage. The people at risk of developing mesothelioma or other asbestos-related conditions include workers who handled, cleaned and removed asbestos-containing products from their workplaces and spouses and children of those who were exposed to asbestos.
Other asbestos-related diseases, in addition to mesothelioma, include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. The most fatal form of mesothelioma is ovarian cancer, but it's much less frequent than the general mesothelioma. It is diagnosed later than other mesothelioma types, because it develops within the linings of reproductive organs. The symptoms can be similar to those of other illnesses.
Many companies employed asbestos during the 20th century. They knew it was a risk. If they didn't remove asbestos from their products thousands of people were exposed. These people can now claim financial compensation. Many asbestos-related companies are insolvent. The victims can now 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 safety of their employees and consumers by producing dangerous products, without warning of the risks. They are now paying for their carelessness. 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 in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have created asbestos courts that are specifically designed so that claims can be filed more efficiently. Judges have also established specific procedures to assess and resolve these cases.
New York, a state that has its own asbestos court (known as NYCAL), is one of the states. The number of cases in this court has increased steadily, as increasing numbers of asbestos victims seek compensation from solvent asbestos defendants who went 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 each case to determine if it should be accepted or not. Judges will also evaluate the merits of each claim to decide how much money a plaintiff should receive.
Currently, the panel is looking into more than 3500 lawsuits. The panel is expected issue its final ruling at the end of this year.
New York asbestos lawsuits are usually complex and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex matters. They are well-versed in the rules regulations, rules, 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 has also extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, lawyers develop strategies, oversee local and regional counsel, and ensure consistent and efficient defenses for clients. 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 knowledgeable Tulsa asbestos defense lawyer will determine the best approach to defend a client in a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors, and premises owners in cases involving claims for mesothelioma, lung cancer and other asbestos-related illnesses. The firm works with clients on developing internal programs to determine and address potential safety and liability issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role, the firm develops litigation strategies, manages regional and local counsel and ensures a consistent and cost-effective defense, in line with client objectives. It also plays a major role in the administration and management of asbestos dockets as well in negotiations with plaintiffs' attorneys and coordinating discovery for its client.
The attorneys of the firm have extensive trial and appellate experience, defending clients against claims made by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are acquainted with the complex research and technology involved in these cases as and particular legal issues that arise when representing companies in state and federal courts throughout the United States.
Catherine has represented a variety of companies in asbestos and products liability personal injury cases, defending them as the lead counsel in consolidated trials involving multiple plaintiffs. She has a wealth of experience arguing asbestos-related lawsuits before the state and federal courts, as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential information about claimants. The files contained medical reports, work histories, and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to use access to these files, and she could also go through the SEAR forms of any case she had with her current employer.
In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is acknowledged nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates with plaintiffs' lawyers in the preparation and execution of settlement agreements, and it has extensive experience in defending businesses against appeals.