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 affected by exposure to this harmful mineral. Compensation can cover medical expenses funeral and burial costs, loss of quality of life, and suffering and pain.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local level. As a result, we are well-versed in the unique issues and the complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek compensation for victims and their families for exposure to this harmful substance. These cases can be complex and therefore it is essential to have a mesothelioma expert lawyer on your side.
New York has had a long history of asbestos litigation. Many residents were exposed to this dangerous substance. In recent times there have been more claims against former asbestos manufacturers than ever before. These cases are the result of the recognition that asbestos is associated with illnesses like mesothelioma and lung cancer. These companies were aware of the dangers of the asbestos-containing mineral, yet they did not warn their employees and clients.
The New York City area is particularly susceptible to asbestos-related ailments due to its old structures and numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the surrounding community.
Many workers were exposed to asbestos at work. However, people also get diagnosed with mesothelioma following an exposure secondarily to the harmful substances. This includes spouses who wear husband's clothing at work and come in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit can be costly for defendants, especially if they are wrongfully named as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This niche litigation is often driven by asbestos law firms that advertise on daytime television and encourage victims to file claims with the promise of huge settlements.
The defendants may be able reduce some of the costs of these cases by arguing their policy periods are overdue or that they are only responsible a small portion of the amount claimed. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure occurs partly within and outside the insurance company's policy.
Asbestos-related diseases
A variety of asbestos-related illnesses can develop due to exposure to the mineral that causes cancer. The condition known as mesothelioma is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare, but fatal illness 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 the pleura). Inhaling these fibers can lead to scarring in the lungs, called asbestosis. It can also lead to thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques or diffuse fibrosis can decrease lung capacity, as determined by a breathing test. They also cause discomfort and breathing difficulties, though they do not lead to cancer or mesothelioma.
The majority of the time, signs of asbestos-related diseases do not manifest until decades after initial exposure. It can take as long as 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned, and removed asbestos from the workplace as well as children, spouses, and others exposed to asbestos are at risk of developing mesothelioma.
In addition to mesothelioma other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma of the ovary. The most fatal mesothelioma type is ovarian cancer, but it's much less prevalent than mesothelioma in general. It is diagnosed later than other mesothelioma types, because it is found in the linings of the reproductive organs. Symptoms can be similar to other illnesses.
There were many companies that employed asbestos in the 20th century, however they were aware that it was hazardous. When they did not remove asbestos from their products thousands of people were exposed. The affected people are now able to claim financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to seek compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits before the safety of their employees and their customers for decades, producing hazardous products without warning of the dangers. They are now paying for their carelessness. People who's lives have been affected by mesothelioma, lung cancer and other asbestos-related illnesses are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals get the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and obtain 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 created specific procedures to assess and resolve these 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 gone bankrupt, the caseload of this special court has steadily increased. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review each case in NYCAL to determine whether to accept or reject it. Judges will also consider the merits of every claim to determine the amount of the plaintiff's compensation should be.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits can be complex and involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex matters. They are well-versed in the asbestos courts of New York and their rules, regulations and policies in addition to other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel in asbestos litigation, representing clients across the country in multi-district, complex litigation. In this role lawyers formulate strategies, oversee local and regional counsel, and ensure that they are able to provide consistent and efficient defenses for clients. They have worked closely with trial and coordination judges and special masters of litigation in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best approach to defend a client in an asbestos personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and owners of premises on matters that involve mesothelioma claims, lung cancer and other asbestos-related diseases. The firm also assists clients to develop internal programs for identifying and addressing risks to safety and liability.
Bowles Rice in addition to its asbestos practice across the country and multi-state asbestos litigation is also the national Coordinating Counsel. In this capacity the firm formulates litigation strategies, manages local and regional counsel, and provides a cost-effective and consistent defense in coordination with the client's goals. It also plays a significant role in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' attorneys and in coordinating discovery for its client.
The firm's lawyers are skilled in defending clients from claims of mesothelioma and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, and the particular legal issues that arise when representing companies in state and federal courts across the United States.
Catherine has represented numerous manufacturers as lead trial counsel in asbestos and product liability personal injury lawsuits and in consolidated cases that involve multiple claimants. Kansas City asbestos attorney has extensive experience litigating asbestos-related lawsuits in federal and state courts as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about plaintiffs, including medical reports, work history, and the list of asbestos-related products that the plaintiff worked with or around. Vogel was required to have access to these files and could review the SEAR forms of any case with 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. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. It also has extensive experience defending businesses against appeals.