An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A defense attorney for asbestos can help protect 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 loss of quality of life.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local scale. We are familiarized with the unique issues and the complex scientific aspects associated with asbestos cases.
New York
Asbestos LawsuitsAsbestos fibers are dangerous and can trigger serious medical conditions like mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits (
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New York has a long history of asbestos litigation and many residents have been exposed to this dangerous substance. In recent years there have been more claims against former asbestos manufacturers than ever before. These cases are a result of the recognition of a connection between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. The companies were aware of the dangers associated with the asbestos-containing mineral, yet they did not warn their employees and consumers.
The New York City area is particularly prone to asbestos-related diseases because of its older structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.
Many workers were exposed asbestos at work. Secondhand exposure can also lead to mesothelioma. This includes spouses who wear their husband's clothes to work and come into contact with asbestos dust on a regular basis.
The litigation associated with mesothelioma can be costly for defendants, particularly when they are mistakenly identified as a defendant. According to a study, more than 3,600 claims have been filed in New York courts since 2014 and the number is expected to increase even more. Specialized asbestos law firms typically advertise on daytime TV and encourage victims to file claims with the promise that they will receive significant settlements.
The defendants may be able reduce some of the costs arising from these cases by argument that their policy terms expire or they are only accountable for a small portion of the amount of the claim. New York law does not provide a definitive rule on how to distribute liability when the alleged risk is of the insurance policies.
Asbestos-Related Diseases
A variety of asbestos-related illnesses can develop due to exposure to the harmful mineral. The most serious condition is mesothelioma. Many people have died due to mesothelioma. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos fibers that accumulate in the lungs and irritate the lining of the ribcage, chest cavity and abdominal cavity (the the pleura). Inhaling these fibers can lead to scarring of the lungs, known as asbestosis. It can also cause thickened patches of pleura (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity, as measured by breathing tests. They can also cause breathing problems and pain, though they do not lead to cancer or mesothelioma.
The symptoms of asbestos-related diseases typically do not manifest until decades after initial exposure. This is because it can take between 20 and 50 years for the inhalation of asbestos fibers to damage the lungs. People at risk of developing mesothelioma or any other asbestos-related ailments include those who handled, laundered, and removed these materials from their workplaces and their spouses and children of those exposed to asbestos.
Other asbestos-related diseases, in addition to mesothelioma, include laryngeal carcinoma and lung cancer and peritoneal, ovarian and peritoneal cancer. The most dangerous mesothelioma type is ovarian cancer, but it's less frequent than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it occurs in the linings of the reproductive organs. The symptoms can be similar to those of other illnesses.
Several companies used asbestos during the 20th century. They were aware that it was a risk. If they didn't remove
asbestos lawyers from their products thousands of people were exposed. Now, these people are able to seek financial compensation. Many asbestos-related companies are insolvent. As a result, the victims can seek the money they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees and consumers, manufacturing hazardous products without warning of the dangers. They 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.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold large corporations accountable and obtain maximum compensation for clients.
Many states have created special asbestos courts, where claims can be filed more efficiently. In addition judges have created special 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 increased steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who have become 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 comprised of six Supreme Court Judges will review each case to determine if it is accepted or not. Judges will also evaluate the merits of every claim to determine the amount of money each plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to announce its final decision by the end of the year.
New York asbestos lawsuits are typically complex and often involve multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex matters. They are knowledgeable of the rules regulations, policies, and procedures of the asbestos courts in New York, as well as the laws of other jurisdictions where they have handled multidistrict litigation.
The firm also has extensive experience serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity, attorneys create strategies, coordinate and oversee regional and local counsel and ensure cost-effective and consistent defenses for every client. They have been in close contact with trial judges, coordination judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa
asbestos lawsuit lawyer will determine what strategy is the best way to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and distributors, contractors, and premises owners on matters involving mesothelioma claims, lung cancer, and other asbestos-related illnesses. The firm works with clients to develop internal programs to identify and resolve potential liability and safety issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm designs litigation strategies, supervises regional and local counsel and ensures a consistent and cost-effective defense, in line with client goals. It also plays a significant role in the administration and management of asbestos dockets as well as negotiations with plaintiffs' attorneys and in coordinating discovery for its client.
The firm's lawyers are skilled in defending clients from mesothelioma claims and other asbestos-related diseases. Asbestos defense lawyers are acquainted with the complex research and technology involved in these cases, as well as unique legal issues that arise while representing companies in state and federal courts throughout 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 a variety of claimants. She has substantial experience arguing asbestos-related cases in the federal and state courts as well as before a variety of appellate and supreme court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents to the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports 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 required a password in order to access the files. She could then go through any SEAR forms provided by her current employer.
In addition to its extensive trial and appellate experience 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. In this capacity, the company collaborates with the lawyers of plaintiffs in the preparation and execution of settlement agreements. It also has extensive experience defending companies against appeals.