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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 whose financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses funeral and burial expenses, pain and suffering, and lost quality of life.
Our lawyers are national, regional and local counsel in massive toxic tort litigation. As as such, we are acquainted with the specific issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can trigger serious medical conditions like mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek financial compensation for the victims and their families who have been exposed to this toxic substance. These cases can be complicated 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 the dangerous material. In recent times, there have been more lawsuits against former asbestos manufacturers than ever before. These cases are a result of the recognition that asbestos can cause illnesses such as mesothelioma or lung cancer. These companies were aware of the dangers that asbestos posed however, they failed to inform employees and consumers.
New York City is especially vulnerable to illnesses caused by asbestos because of its older structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to impact the surrounding community.
Mesothelioma can be caused by exposure to asbestos directly, and many workers were exposed to asbestos at work. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses of asbestos-exposure workers who had their husbands' work clothes and came in contact with asbestos dust on a regular basis.
The mesothelioma litigation is costly for defendants, especially when they are mistakenly identified as a defendant. According to a study, more that 3,600 claims have been filed in New York courts since 2014 and the number could increase even more. This kind of litigation is usually supported by asbestos law firms, which advertise on daytime TV and entice victims to file claims with the promise of huge settlements.
The defendants might be able to reduce some of the costs of these cases by arguing that their policies are in a lapse or that they only have to pay a small portion of the claim value. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure occurs in and out of the insurer's policy periods.
Asbestos-related illnesses
Exposure to asbestos can cause various ailments. 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 case fibers which 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. This is known as asbestosis. It can also cause thickened patches of pleura (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity, as measured by breathing tests. They can also cause breathing problems and pain however they do not lead to cancer or mesothelioma.
The symptoms of asbestos-related diseases typically are not evident until years after the initial exposure. This is because it can take between 20 to 50 years for the inhalation of asbestos-containing fibers to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace and their children, spouses and others who were exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma include lung cancer and laryngeal carcinoma and peritoneal, ovarian and peritoneal cancer. The most deadly mesothelioma type is ovarian cancer, but it's 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 may be similar to other illnesses.
Many companies used asbestos in the 20th century, however they knew that it was hazardous. They exposed thousands of people to asbestos when they didn't eliminate asbestos from their products. These people now are able to claim financial compensation. Many asbestos-related manufacturers are bankrupt. The victims can now seek compensation from the trust funds created by bankruptcy courts.
Asbestos lawsuit Litigation in New York
For decades, asbestos companies put profits above the safety of their employees and consumers by producing dangerous products without warning of the risks. These companies are now paying for 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.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our lawyers have more than 25 years 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 seek maximum compensation for clients.
A number of states have established special asbestos courts where claims can be filed and resolved more efficiently. Judges have also created 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 who have gone bankrupt and have been unable to pay, the workload of the court has steadily increased. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case in NYCAL to decide whether or not to take it up with it. Judges will also assess the merits of each case to determine the amount a plaintiff should be awarded.
The panel is currently examining more than 3500 lawsuits. The panel is expected to make a final decision by the end of this year.
New York asbestos compensation lawsuits are usually complex and include allegations of multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated cases. They are well-versed in the asbestos courts of New York and their rules regulations, policies and guidelines and other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience in serving as National Coordinating Counsel in asbestos litigation, representing clients across the country in complex, multi-district litigation. In this capacity, lawyers create strategies, coordinate and manage regional and local counsel, and ensure cost-effective and consistent defenses for every client. They have collaborated closely with trial and coordination judges and special masters of litigation in 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 a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and distributors, contractors, and owners of premises on matters involving mesothelioma claims, lung cancer, and other asbestos-related diseases. The firm collaborates with clients on developing internal programs to determine and resolve potential liability and safety issues.
Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation serves as national Coordinating counsel. In this role, the firm develops litigation strategies, manages regional and local counsel, and provides a cost-effective and consistent defense in coordination with client goals. It also plays a significant part in the administration and management of asbestos dockets as well as negotiations with plaintiffs' attorneys and coordinating discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience, defending clients against claims made by injured claimants, such as those who are claiming mesothelioma or any 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 defending companies in federal and state courts across the United States.
Catherine has represented a variety of companies in asbestos and products liability personal injury cases, representing them as the lead trial counsel in consolidated trials involving multiple claimants. She has extensive experience litigating asbestos-related lawsuits before the state and federal courts, as well as various appellate and Supreme Court bodies.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The cases files included SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential information about the claimants. These included medical reports, work histories, and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to have access to a password to access the files. Then, she could look over any SEAR forms provided by her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is nationally recognized for its ability to negotiate settlements for clients. In this capacity, the firm collaborates with the lawyers of plaintiffs in the development and execution of settlement agreements. It also has extensive experience in defending businesses against appeals.