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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 whose financial security has been affected by exposure to the harmful mineral. Compensation can cover medical costs funeral and burial costs, loss of quality of life, as well as suffering and pain.
Our attorneys are involved in mass toxic tort litigation on a national, regional and local scale. As a result, we are well-versed in the unique issues and complex aspects of science that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can cause a variety of severe medical conditions, such as mesothelioma. A New York asbestos attorney is adept at 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 on your side.
New York has had a long history of asbestos litigation. Many residents were exposed to this dangerous material. In recent years, there are more lawsuits filed against asbestos producers in the past than ever before. These cases are a result of the recognition of a connection between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies knew of the dangers associated with the hazardous mineral, but did not warn their employees and consumers.
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 hazardous area that continues to impact the surrounding community.
Many workers were exposed to asbestos at work. Secondhand exposure can also cause mesothelioma. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came into contact with asbestos dust regularly.
Mesothelioma-related litigation can be expensive for defendants. This is particularly the case if they were wrongly named 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. 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 large settlements.
Defendants might be able to mitigate some of the costs associated with these cases by argument that their policy terms have expired or they're only responsible for a tiny percentage of the total amount of the claim. However, New York law has not provided a definitive rule regarding how to allocate liabilities when the alleged exposure is within and outside the insurer's policy periods.
Asbestos-related diseases
A variety of asbestos lawsuit-related illnesses can develop because of exposure to the harmful mineral. The most severe condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques and pleural effusion.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers that accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the Pleura). Inhaling these fibers can lead to scarring in the lungs, known as asbestosis. It can also result in thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity, as determined by a breathing test. They also cause pain and difficulty breathing but they don't lead to cancer or mesothelioma.
Symptoms of asbestos-related disease often don't manifest until decades after initial exposure. It could take up to 50 years for asbestos fibers inhaled to cause lung damage. The people at risk of developing mesothelioma or any other asbestos-related conditions include workers who handled, laundered, and removed these materials from the workplace and their spouses and children of asbestos-related exposure.
Other asbestos-related diseases, in addition to mesothelioma, include lung cancer and laryngeal carcinoma and peritoneal, ovarian and peritoneal cancer. The most fatal form of mesothelioma is called ovarian cancer, but it's less prevalent than mesothelioma in general. It is often diagnosed later than other forms of mesothelioma because it develops in the lining of the reproductive organs and symptoms can be similar to those of other illnesses.
There were many companies that employed asbestos in the 20th century, but they knew that it was hazardous. When they failed to remove asbestos from their products thousands of people were exposed. The affected people are now able to sue for financial compensation. Many asbestos-related companies have filed for bankruptcy. The victims are now able to claim compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies put profits above the security of their employees and consumers, manufacturing hazardous products, without warning of the dangers. These companies are now facing the consequences of their inattention. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to assisting 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 to secure the highest amount of compensation for their clients.
Many states have established special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also created special procedures to review and resolve these cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of them. The caseload in this specialty court has grown steadily, as more and more asbestos victims seek compensation from solvent former asbestos defendants who have gone bankrupt. To ensure that the justice system does not get 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 if it should be accepted or not. Judges will also evaluate the merits of every claim to determine the amount of amount of money each plaintiff should receive.
The panel is currently examining more than 3500 lawsuits. The panel is expected to issue its final decision before the end of the year.
New York asbestos lawsuits can be complex and can involve multiple defendants. Belluck & Fox's lawyers have extensive experience in defending these complicated cases. They are knowledgeable of the rules regulations, rules, and policies 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 vast experience serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this role, attorneys develop strategies, coordinate and oversee local and regional counsel, and ensure consistent and cost-effective defenses for each client. They have been in close contact with trial judges, coordination judges and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is best to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and owners of premises in matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm collaborates with clients to develop internal programs to resolve potential liability and safety issues.
In addition to its asbestos law practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice formulates litigation strategies and oversees regional and local counsel to achieve a consistent and cost-effective defense that is in line with the client's goals. It also plays an important role in the administration and management of asbestos dockets aswell in negotiations with plaintiffs' lawyers and coordinating discovery for its client.
The firm's lawyers 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 lawyers are familiar with the complex science that is associated with these cases, as well as the particular legal issues that arise when representing companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead counsel in asbestos and personal injury lawsuits related to product liability, and in consolidated cases that involve multiple claimants. She has extensive experience litigating asbestos-related lawsuits before the federal and state courts, as well as a variety of Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents in the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short Evaluative reports that are encapsulated), which contained confidential data about the claimants. The files contained medical reports, work histories, and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to use an account password to access the files and was able to review the SEAR forms of any case with her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is nationally recognized for its ability to negotiate settlements for clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. The firm also has extensive experience in defending businesses from appeals.