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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 protect the financial security of those who have been affected by exposure to this toxic mineral. Compensation can cover medical expenses funeral and burial costs, lost 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 scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can trigger serious medical conditions, such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits which seek compensation for victims and their families who have been exposed to this harmful substance. These cases can be complex and it is crucial to have a mesothelioma expert law firm by your side.
New York has a long history of asbestos litigation and many residents have been exposed to this hazardous substance. In recent years there have been more lawsuits against former asbestos manufacturers than ever before. These cases are the result of the realization that asbestos can cause illnesses like mesothelioma and lung cancer. The companies were aware of the dangers associated with this hazardous mineral, but didn't warn their employees and clients.
The New York City area is particularly prone to asbestos-related diseases because of its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the surrounding community.
Mesothelioma is caused by exposure to asbestos in direct contact, and many workers were exposed to it at work. However, many people are diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure 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 particularly relevant if they've been incorrectly identified as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014 and the number could increase further. This kind of litigation is usually fueled by specialized asbestos law firms that advertise on daytime television and encourage victims to file claims, with the promise of huge settlements.
Defendants may be able to mitigate some of the costs associated with these cases by arguing that their policy periods 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 on how to divide liabilities when the alleged exposure occurs in and out of the insurer's policy periods.
Asbestos-related diseases
Exposure to asbestos can cause many different diseases. The most serious of these 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 is caused by asbestos fibers which are found in the lung. They then irritate the linings of the ribcage (the Pleura), chest cavity, and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs. This is called asbestosis. It can also cause thickened pleura patches (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity, as measured by breathing tests. They also cause discomfort and breathing difficulties but they don't lead to cancer or mesothelioma.
The symptoms of asbestos-related diseases typically don't manifest until decades after initial exposure. It could take up to 50 years for asbestos fibers that are inhaled to cause lung damage. The people at risk of developing mesothelioma and other asbestos-related ailments include those who handled, washed and removed asbestos-containing products from the workplace and spouses and children of those exposed to asbestos case.
Other asbestos-related diseases, apart from mesothelioma, include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the most fatal mesothelioma type for women however, it is much less prevalent than mesothelioma in general. It is diagnosed later than other types of mesothelioma, because it is found in the linings of the reproductive organs. Symptoms can be similar to other illnesses.
Many companies employed asbestos in the 20th century, however they knew that it was a risk. They exposed thousands of people to asbestos if they didn't eliminate asbestos from their products. These people now are able to claim financial compensation. Many asbestos-related companies are insolvent. In the aftermath, victims are able to seek the compensation they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits over the safety of their employees and consumers for decades creating dangerous products without warning of the dangers. These companies are now paying the price for their negligence. 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 obtain 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 lawyers work to hold responsible large corporations accountable and to secure maximum compensation for our clients.
Many states have created special asbestos courts, where claims can be filed more efficiently. Judges have also developed specific procedures to assess and resolve asbestos-related cases.
New York is one such state, with its own asbestos court known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt the number of cases that have come through this court has steadily increased. In order to ensure that the justice system is not overloaded, the New York Supreme Court has established an extra judicial panel to oversee NYCAL.
A panel comprised of six Supreme Court judges will review each case in NYCAL to decide whether to accept or reject it. Judges will also evaluate the merits of every claim to determine how much amount of money each plaintiff should receive.
The panel is currently examining more than 3500 lawsuits. The panel is expected make a final decision at the end of this year.
New York asbestos lawsuits can be complicated and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated issues. They are knowledgeable of the rules, regulations, 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 as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this role lawyers formulate strategies, manage local and regional counsel and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely with trial judges, coordination judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is best to defend the client from a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors, and premises owners on matters involving mesothelioma claims, lung cancer, and other asbestos-related diseases. The firm works with clients to develop internal programs to deal with potential liability and safety concerns.
Bowles Rice In addition to its asbestos practice in the national level and multi-state asbestos litigation is also the national Coordinating counsel. In this role Bowles Rice formulates strategies for litigation and supervises local and region counsel to ensure a uniform and cost-effective defence in coordination with the client's goals. It also plays a significant role in the administration and management of asbestos dockets as well as negotiations with plaintiffs' attorneys and coordinating discovery for its client.
The attorneys of the firm have extensive trial and appellate experience in defending clients against claims by injured claimants, such as those who claim mesothelioma and other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved with these cases, as well as the particular legal issues that arise when defending businesses in federal and state courts across the United States.
Catherine has represented a variety of companies in asbestos and products liability personal injury cases, acting as the lead counsel in consolidated trials that involved multiple claimants. She has extensive experience litigating asbestos-related lawsuits in federal and state courts, as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents in the asbestos claim; Full Article, Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about the plaintiffs, such as medical reports, work histories and the list of asbestos-related products that the plaintiff worked with or around. Vogel was required to have access to a password to access the files. Then, she could go through any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is recognized nationally 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 defending businesses against appeals.