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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 help protect the financial security of those who have been affected through exposure to this dangerous mineral. Compensation can cover medical expenses funeral and burial expenses, pain and suffering, and lost quality of life.
Our lawyers are involved in the mass litigation of toxic torts on a national, regional and local scale. As a result, we are knowledgeable about the specific issues and the complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can cause a variety of severe medical conditions, including mesothelioma. A New York asbestos lawyer is skilled in dealing with asbestos lawsuits, which seek financial compensation for the victims and their families for exposure to this toxic substance. These cases can be a bit complicated and it's crucial to have a mesothelioma attorney on your side.
New York has had a long-running history of asbestos litigation. Many residents were exposed to this hazardous substance. In recent times, there have been more claims against former asbestos manufacturers than ever before. These cases result from the recognition of a link between asbestos and diseases such as mesothelioma and lung cancer and asbestosis. These companies were aware of the dangers associated with this dangerous mineral, but they didn't warn their employees and clients.
The New York City area is particularly susceptible to asbestos-related ailments due to its old structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the surrounding community.
Many workers were exposed to asbestos in their work environments. However, people also get diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposed workers who wore their husband's work clothes and came into contact with asbestos dust on a regular basis.
The litigation associated with mesothelioma can be expensive for defendants, especially when they are incorrectly named as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This kind of litigation is usually supported by asbestos law firms that promote on daytime television and encourage 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 value of the claim. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure is within and outside the insurance company's policy.
Asbestos-Related Illnesses
A variety of asbestos-related diseases can develop due to exposure to the toxic mineral. The most severe condition is mesothelioma lawsuits. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma, a rare, but fatal disease that is caused by asbestos fibers which accumulate in the lung. They then irritate the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. The inhalation of these tiny fibers can cause scarring to the lungs, a condition known as asbestosis and occasionally, the formation of thickened patches on the pleura referred to as plaques on the pleura, or a more widespread fibrosis of the pleura known as diffused fibrisis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They also cause breathing problems and pain however they do not cause mesothelioma or cancer.
The symptoms of asbestos-related diseases typically are not evident until years after exposure. This is because it can take between 20 to 50 years for the inhalation of asbestos-containing fibers to damage the lungs. People who are at risk of developing mesothelioma and other asbestos-related conditions include workers who handled, washed and removed asbestos-containing materials from the workplace and their spouses and children of those exposed to asbestos.
In addition to mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma, and ovarian mesothelioma. The most fatal form of mesothelioma is ovarian cancer, however it is less frequent than the general mesothelioma. It is diagnosed later than most other types of mesothelioma because it develops in the linings of the reproductive organs. The symptoms may be similar to other illnesses.
There were many companies that employed asbestos in the 20th century, but they knew that it was a risk. When they failed to remove asbestos from their products, thousands of people were exposed. These people now have the right to claim financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. The victims are now able to seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their workers and customers for a long time making dangerous products, without warning about the risks. They are now paying the price for their negligence. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete compensation.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. 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 lawyers (click through the next post) work to hold responsible large corporations accountable and seek maximum compensation for our clients.
Many states have established asbestos courts that are specifically designed so that claims can be filed more efficiently. Judges have also established special procedures to review and resolve asbestos-related cases.
New York is one such state with its own asbestos court known as NYCAL. The caseload in this specialty court has been increasing steadily as increasing numbers of asbestos victims seek compensation from solvent former asbestos defendants who went bankrupt. The New York Supreme Court created an extra judicial board to supervise NYCAL to stop the justice system from becoming overwhelmed.
A panel of six Supreme Court Judges will review each case to determine if it should be accepted or rejected. Judges will also assess the merits of each claim to determine the amount the plaintiff is entitled to.
The panel is currently studying more than 3,500 lawsuits. The panel is expected to issue its final decision by the end of the year.
New York asbestos lawsuits are typically complex and often involve several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex issues. They are familiar with the asbestos courts of New York, including their rules and regulations, as well as other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity, lawyers develop strategies, oversee local and regional counsel, and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely with trial and coordination judges and litigation special masters in various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is best to defend the client in an injury claim that involves 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 also works with clients to develop internal programs for identifying and addressing any risks to safety and liability.
Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation, serves as national Coordinating counsel. In this capacity the firm designs strategies for litigation, oversees local and regional counsel, and achieves consistent and cost-effective defense, in line with the client's goals. Additionally it plays a crucial part in the administration of asbestos dockets as well as negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's lawyers have a wealth of trial and appellate experience in defending clients against claims made by injured claimants, which includes those who claim mesothelioma lawsuits and other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved in these cases, as well as particular 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 as well as in consolidated cases involving multiple claimants. She has a wealth of experience arguing asbestos-related lawsuits before the federal and state courts, as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Evaluative reports that are encapsulated) that contained confidential information about plaintiffs. These included medical reports and work histories, as well as a list asbestos products that plaintiffs used or worked near. Vogel was required to have an account password to access the files. She could then review any SEAR forms provided by her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is widely acclaimed for its ability to successfully reach settlements on behalf of its clients. In this capacity, the company collaborates closely with the lawyers of plaintiffs in the development and execution of settlement agreements, and it has extensive experience defending companies against appeals.