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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 who is a defense attorney for asbestos can assist those who's financial security has been affected due to exposure to the hazardous mineral. Compensation can cover medical costs funeral and burial costs as well as pain and suffering and the loss of quality of life.
Our attorneys are involved in the mass litigation of toxic torts at a national, regional and local level. This means that we are well-versed in the unique issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can lead to a variety of severe medical conditions, including mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek financial 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 lawyer to assist you.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous material. In recent years, there have been more claims against former asbestos manufacturers than ever before. These cases are the result of the realization that asbestos is linked to illnesses like mesothelioma and lung cancer. These companies knew of the dangers of the dangerous mineral, but they did not inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and a myriad of construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.
Mesothelioma can be caused by direct exposure to asbestos and many workers were exposed to asbestos in the workplace. In addition, exposure to asbestos through secondhand sources can result in mesothelioma. This includes spouses of asbestos case-exposed workers who had their husbands' work clothes and came in contact with asbestos dust regularly.
The mesothelioma lawsuit can be costly for defendants. This is particularly the case if they were incorrectly identified as defendants. According to a study, more than 3,600 claims have been filed in New York courts since 2014, and the number could rise further. This niche litigation is often supported by asbestos law firms that advertise on daytime TV and entice victims to file claims with the promise of huge settlements.
Defendants may be able to lower some of the expenses arising from these cases by asserting that their policy periods have expired or they are only responsible for a small portion of the value of the claim. New York law does not have a clear rule on how to divide the liability if the alleged exposure is of the insurer's policies.
Asbestos-related diseases
A variety of asbestos-related illnesses can be triggered due to exposure to the harmful mineral. The condition known as mesothelioma is the most serious. Many people have died due to mesothelioma. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma, a rare, but fatal disease, is caused by asbestos fibers that 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 known as asbestosis. It can also result in thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as determined by breathing tests. They can also cause pain and difficulties in breathing, but they don't cause mesothelioma or cancer.
Often, symptoms of asbestos-related diseases do not show up until decades after the initial exposure. It can take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. The people at risk of developing mesothelioma or other asbestos-related ailments include those who handled, laundered and removed asbestos-containing materials from the workplace and their spouses and children of asbestos-related exposure.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and ovarian mesothelioma. The most fatal form of mesothelioma is called ovarian cancer, but it's less frequent than the general mesothelioma. It is diagnosed later than most other types of mesothelioma, because it occurs in the linings of the reproductive organs. The symptoms may be similar to those of other illnesses.
There were many companies that employed asbestos in the 20th century, however they were aware that it was dangerous. If they didn't remove it from their products, thousands of people were exposed. The affected people are now able to claim financial compensation. A lot of asbestos-related manufacturers have filed for bankruptcy. The victims can now seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the security of their employees and consumers by producing dangerous products without warning of the risks. They are now confronting the consequences of their carelessness. People who's lives have been affected by mesothelioma, cancer of the lung, and other asbestos-related illnesses are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and seek maximum compensation for clients.
Many states have established special asbestos courts in which claims can be filed and resolved more efficiently. In addition judges have created specific procedures to evaluate and resolve asbestos cases.
New York is one such state with its own asbestos court known as NYCAL. 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. The New York Supreme Court created a special judicial board to oversee NYCAL in order to keep the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case filed in NYCAL to decide whether or not to take it up with it. Judges will also consider the merits of each case to determine the amount the plaintiff is entitled to.
The panel is currently studying more than 3,500 lawsuits. The panel is expected make a final decision at the end of this year.
New York asbestos lawsuits are typically complex and often involve allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex issues. They are familiar with New York's asbestos courts and their rules regulations, policies and guidelines and other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, lawyers create strategies, coordinate and oversee regional and local counsel and ensure consistent and cost-effective defenses for every client. They have worked closely with trial judges, coordination judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is most effective to defend the client from a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and property owners in cases involving claims for mesothelioma, lung cancer and other asbestos compensation-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing safety and liability issues.
In addition to its asbestos claim practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity, the firm develops strategies for litigation, oversees regional and local counsel and ensures a consistent and cost-effective defense in coordination with the client's goals. It also plays a significant part in the administration and management of asbestos dockets as well in negotiations with plaintiffs' attorneys and in coordinating discovery for its client.
The firm's attorneys are experienced in defending clients against claims of mesothelioma and other Asbestos claim-related diseases. Asbestos defense attorneys are familiar with the complex science that is associated with these cases, and the unique legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and personal injury lawsuits involving product liability and in cases that have been consolidated involving multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits in the state and federal courts, as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents to the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short Evaluative reports that are encapsulated) that contained confidential information about claimants. The files contained medical reports and work histories, as well as a list asbestos products that plaintiffs worked with or near. Vogel was required to use an account password to access the files and was able to go through the SEAR forms of any case at 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. The firm has worked closely with plaintiffs' lawyers to create and implement settlement agreements. It also has a wealth of experience in defending businesses against appeals.