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A defense attorney for asbestos can assist those who's financial security was affected by exposure to the toxic mineral. Compensation can cover medical costs funeral and burial costs, loss of quality of life, as well as pain and suffering.
Our lawyers are involved in mass toxic tort litigation at a national, regional and local level. As a result, we are knowledgeable about the specific issues and complex aspects of science that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to a variety of severe medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in dealing with lawsuits that seek the financial compensation of those affected by asbestos exposure and their families. These cases can be a bit complicated and therefore it is essential to have a mesothelioma lawyer on your side.
New York has a long history of asbestos lawsuit litigation and many residents have been exposed to the dangerous substance. In recent years, there have been more claims against former asbestos attorneys producers than ever before. These cases result from the recognition of a connection between asbestos and certain diseases such as mesothelioma, lung cancer, and asbestosis. The companies were aware of asbestos's dangers but did not take the time to warn employees and consumers.
New York City is especially vulnerable to illnesses caused by asbestos because of its older structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to impact on the community surrounding it.
Mesothelioma can be caused by exposure to asbestos directly, and many workers were exposed to it at work. However, people also get diagnosed with mesothelioma after experiencing secondhand exposure to the harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came into contact with asbestos dust regularly.
The mesothelioma litigation can be expensive for defendants, especially if they are wrongfully named as a defendant. According to an investigation, more than 3,600 claims have been filed in New York courts since 2014 and the number is expected to increase even more. The asbestos law firms that specialize in asbestos often advertise on daytime TV and encourage victims to submit claims under the premise that they will receive significant settlements.
The defendants may be able reduce some of the costs of these cases by arguing that their policy periods are expired or that they only have to pay only for a small proportion of the value of the claim. New York law does not have a clear rule on how to distribute liability when the alleged exposure is of and outside the insurer's policies.
Asbestos-related diseases
A wide range of asbestos-related diseases can develop because of exposure to the harmful mineral. The most serious of these is mesothelioma. 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 is a rare, but fatal disease caused by exposure to asbestos fibers that accumulate in the lungs and irritate 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 lead to 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 pain and difficulties in breathing, however they are not the cause of cancer or mesothelioma.
The signs of asbestos-related illness typically do not manifest until decades after exposure. This is because it can take between 20 to 50 years for the inhalation of asbestos-containing fibers to cause lung damage. The people at risk of developing mesothelioma and other asbestos-related conditions include workers who handled, laundered and removed asbestos-containing products from the workplace, as well as spouses and children of those who were exposed to asbestos.
As well as mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma of the ovary. Ovarian cancer is the deadliest form of mesothelioma for women however it is much less common than mesothelioma in general. It is usually diagnosed later than other kinds of mesothelioma since it develops in the lining of the reproductive organs and symptoms can be similar to symptoms of other illnesses.
A number of companies employed asbestos in the 20th century, however they knew that it was hazardous. When they failed to remove asbestos from their products, thousands of people were exposed. Now, those exposed are able to claim financial compensation. Many asbestos-related manufacturers are bankrupt. The victims can now seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their employees and their customers for decades, producing hazardous products without warning of the dangers. They are now paying the price for their carelessness. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to helping families and individuals receive the justice they need. Our lawyers have over 25 years experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have established asbestos courts that are specifically designed so that claims can be filed more efficiently. In addition, judges have established special procedures to evaluate and resolve asbestos cases.
New York, a state which has its own asbestos court (known as NYCAL), is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants who have declared bankruptcy, the caseload of this special court has been steadily increasing. The New York Supreme Court created a special 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 filed in NYCAL to determine whether or not to accept it. Judges will also evaluate the merits of each claim to determine how much a plaintiff should receive.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected to issue its final ruling at the end of this year.
New York asbestos lawsuits are often complex and involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these difficult 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 in which they have handled multidistrict litigation.
The firm also has vast experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, attorneys develop strategies, coordinate and oversee regional and local counsel, and ensure consistent and cost-effective defenses for every client. They have been in close contact with trial judges, coordinating 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 in a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and premises owners in cases involving claims for mesothelioma, lung cancer, and other asbestos-related diseases. The firm collaborates with clients on developing internal programs to identify and deal with potential liability and safety concerns.
Bowles Rice, in addition to its asbestos practice in the national level and multi-state asbestos litigation is also the national Coordinating Counsel. In this capacity the firm designs litigation strategies, manages regional and local counsel, and achieves consistent and cost-effective defense that is in sync with client objectives. It also plays a major role in the administration and management of asbestos dockets, as well in negotiations with plaintiffs' attorneys and coordinating discovery for its clients.
The firm's lawyers have experience in defending clients from claims of mesothelioma and other asbestos-related illnesses. Asbestos defense lawyers are acquainted with the complex science involved in these cases, as in addition to unique legal issues that arise when defending businesses before state and federal courts throughout the United States.
Catherine has represented numerous manufacturers in asbestos and products liability personal injury cases, defending them as the lead counsel in consolidated trials that involved multiple claimants. She has extensive experience in litigating asbestos-related cases before state and federal courts, as well as before a variety of supreme and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents to the Asbestos Claims Facility in Northern California. The cases files included SEAR forms (Short encapsulated Evaluative reports) which contained confidential information about claimants. These included medical reports, work histories, and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to use a password to access the files and was able to look over 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 develop and execute settlement agreements. The firm also has extensive experience in defending businesses from appeals.
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