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An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can assist in ensuring the financial security of those who have been affected through exposure to this dangerous mineral. Compensation can cover medical costs, funeral and burial costs, lost quality of life, as well as suffering and pain.
Our lawyers are involved in the mass litigation of toxic torts on a national, regional and local scale. As as such, we are acquainted with the particular issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can cause severe medical conditions such as mesothelioma. A New York asbestos attorney is adept at handling lawsuits to seek financial compensation for victims of asbestos exposure and their families. These cases can be complex and therefore it is essential to have a mesothelioma expert law firm on your side.
New York has a long history of asbestos litigation and many residents have been exposed to this dangerous substance. In recent years, there are more lawsuits filed against former asbestos producers than ever before. These cases arise out of the realization that asbestos is linked to illnesses such as mesothelioma or lung cancer. These companies were aware of the dangers that asbestos posed however, they failed to inform the employees and the public.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community surrounding it.
Mesothelioma is triggered by direct exposure to asbestos, and many workers were exposed to it in the workplace. However, people also get diagnosed with mesothelioma following secondhand exposure to the harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came into contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is especially true if they have been wrongly 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 type of litigation is typically supported by asbestos law firms, which advertise on daytime TV and entice victims to file claims, with the promise of huge settlements.
Defendants might be able to mitigate some of the costs arising from these cases by asserting that their policy periods have expired or they are only accountable for a small percentage of the claim value. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure is in and out of the insurance company's policy.
Asbestos-related Illnesses
A variety of asbestos-related illnesses can be triggered because of exposure to the mineral that causes cancer. The most serious condition is mesothelioma. Mesothelioma has caused the 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 illness that is caused by exposure to asbestos fibers which accumulate in the lungs, and can cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the the pleura). Inhaling these tiny fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the development of thickened patches on the pleura referred to as plaques of pleura or a more widespread fibrosis of the pleura known as diffused fibrisis. Pleural plaques and diffused fibrisis reduce lung capacity, as measured by breathing tests. They can also cause pain and discomfort in breathing, but they don't cause mesothelioma or cancer.
The signs of asbestos-related illness typically do not manifest until decades after exposure. This is because it could take between 20 to 50 years for the inhalation of asbestos fibers to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces as well as children, spouses 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 as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the deadliest 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 occurs in the linings of reproductive organs. The symptoms can be similar to other illnesses.
Many companies used asbestos in the 20th century, however they knew that it was a risk. When they did not remove it from their products, thousands of people were exposed. The affected people are now able to seek financial compensation. Many asbestos-related companies have gone bankrupt. The victims are now able to seek compensation from trust funds created by bankruptcy courts.
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For decades, asbestos companies have put profits ahead of the security of their employees and consumers, manufacturing hazardous products, without warning of the risks. These companies are now paying for their carelessness. People who have suffered from life-altering issues caused by mesothelioma, lung cancer and other asbestos-related diseases are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to helping families and individuals get the justice they deserve. Our attorneys have more than 25 years experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and seek the maximum amount of compensation for our clients.
Many states have established special asbestos courts, where claims can be filed more efficiently. Additionally judges have created specific procedures for evaluating and resolving asbestos cases.
New York is one such state that has its own asbestos court known as NYCAL. The number of cases in this court has increased steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who went bankrupt. The New York Supreme Court created an additional judicial board that will supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel of six Supreme Court Judges will review each case to determine whether it should be accepted or not. Judges will also consider the merits of each claim to determine the amount the plaintiff is entitled to.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to announce its final decision by the end of this year.
New York asbestos lawsuits can be complex and involve several defendants. Belluck & Fox's lawyers have extensive experience in litigating these complex matters. They are familiar with the asbestos courts in New York, including their rules regulations, policies and guidelines and other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district litigation that is complex and complex. In this capacity lawyers formulate strategies, manage regional and local counsel, and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely with coordinating and trial judges and special masters of litigation in the various jurisdictions where they were involved in asbestos legal litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is most effective to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and premises owners in cases involving claims for mesothelioma and lung cancer and other asbestos-related illnesses. The firm also assists clients to create internal programs to identify and addressing potential safety and liability issues.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity, Bowles Rice develops litigation strategies and oversees local and region counsel to achieve a consistent and cost-effective defense that is in line with the client's goals. Additionally it plays an important part in the administration of asbestos dockets, negotiations with plaintiffs' counsel and lead discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience defending clients from claims brought by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are familiar with the intricate science involved with these cases, and the unique legal issues that arise when defending companies in federal and state courts across the United States.
Catherine has defended numerous manufacturers in asbestos and product liability personal injury cases, acting as the lead trial counsel in consolidated trials involving a variety of claimants. She has a wealth of experience arguing asbestos-related cases in federal and state courts as well as before a variety of supreme and appellate court 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 included SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential information about plaintiffs. This included medical reports, work histories, and an inventory of asbestos-related products that plaintiffs worked with or near. Vogel required an account password to access the files. She could then go through any SEAR forms from her current employer.
In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is well-known throughout the country for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm works closely with the lawyers of plaintiffs in the development and execution of settlement agreements. It also has extensive experience in defending businesses against appeals.