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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 attorney can assist in ensuring the financial security of those who have been affected by exposure to this harmful 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 such, we are familiar with the unique issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to various serious medical conditions, including mesothelioma. A New York asbestos attorney [related resource site] is experienced in handling lawsuits to seek the financial compensation of those affected by asbestos exposure and their families. These cases can be complicated and therefore it is essential to have a mesothelioma expert lawyer on your side.
New York has had a long-running history of asbestos litigation. Many residents were exposed to this hazardous material. In recent years there have been more lawsuits filed against former asbestos producers than ever before. These cases stem from the recognition of a connection between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. These companies were aware asbestos's dangers but did not take the time to warn employees and consumers.
The New York City area is particularly susceptible to asbestos-related ailments due to its old structures and a myriad of construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to impact the surrounding community.
Many workers were exposed asbestos in the workplace. Secondhand exposure can also result in mesothelioma. This is especially true for spouses who wear husband's clothing to work and come into contact with asbestos dust on a regular basis.
The litigation associated with mesothelioma is costly for defendants, particularly when they are mistakenly identified as defendants. According to a study, more that 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 large settlements.
Defendants may be able to reduce some of the expenses arising from these cases by asserting that their policy periods have expired or they are only responsible for a tiny percentage of the amount of the claim. New York law does not have a specific rule for how to divide the liability if the alleged exposure is within and part outside of the insurance policies.
Asbestos-related Illnesses
Exposure to asbestos lawsuit can cause various illnesses. The most severe condition is mesothelioma. Many people have died due to mesothelioma. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness that is caused by asbestos fibers which accumulate in the lung. They then cause irritation to the linings of the ribcage (the Pleura), chest cavity, and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs. This is called asbestosis. It can also lead to thickened patches of pleura (pleural plaques) or an increase in fibrosis. Pleural plaques or diffuse fibrosis can decrease lung capacity, as measured by a breath test. They also cause discomfort and breathing difficulties, though they do not cause mesothelioma or cancer.
The majority of the time, signs of asbestos-related illnesses don't manifest until decades after initial exposure. This is due to the fact that it can take between 20 to 50 years for inhalation of asbestos fibers to damage the lungs. People who are at risk of developing mesothelioma and other asbestos-related diseases include those who handled, cleaned and removed asbestos settlement-containing materials from the workplace and their spouses and children of those exposed to asbestos.
As well as mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and mesothelioma ovarian. The most deadly form of mesothelioma is ovarian cancer, but it's less frequent than the general mesothelioma. It is typically diagnosed later than other kinds of mesothelioma because it is a cancer that develops in the tissue of the reproductive organs, and the symptoms may be similar to symptoms of other diseases.
Several companies used asbestos during the 20th century. They knew it was dangerous. When they failed to remove asbestos from their products thousands of people were exposed. These people can now claim financial compensation. A lot of asbestos-related manufacturers have declared bankruptcy. The victims are now able to claim compensation from the trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the safety of their employees as well as consumers, manufacturing hazardous products, without warning of the dangers. These companies are now paying for their inattention to. Victims of asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete settlement.
The attorneys at Belluck & Fox are dedicated to helping families and individuals obtain the justice they deserve. Our attorneys have more than 25 years experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and seek the highest amount of compensation for their clients.
Many states have established asbestos courts with specialization, where claims can be filed more efficiently. Judges have also established specific procedures to assess and resolve these cases.
New York is one such state with its own asbestos court, known as NYCAL. The number of cases filed in this court has been increasing steadily as more and more asbestos victims seek compensation from solvent asbestos defendants who have gone bankrupt. In order to ensure that the justice system does not get overwhelmed, the New York Supreme Court has established an additional judicial panel that will supervise NYCAL.
A panel comprised of six Supreme Court judges will review each case in NYCAL to determine whether or not to take it up with it. Judges will also evaluate the merits of each claim to decide how much money a plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits can be complicated and can involve several defendants. Belluck and Fox's lawyers have a wealth of experience in the litigation of these difficult matters. They are familiar with New York's asbestos courts as well as their rules, regulations and policies, as well as other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in complex, multi-district litigation. In this capacity, attorneys develop strategies, coordinate and manage regional and local counsel, and ensure consistent and cost-effective defenses for every client. They have worked closely with trial judges, coordinating judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is the best way 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 create internal programs for identifying and addressing any risks to safety and liability.
Bowles Rice in addition to its asbestos practice across the country and multi-state asbestos litigation is also the national Coordinating Counsel. In this capacity the firm formulates litigation strategies, manages local and regional counsel, and achieves consistent and cost-effective defense in coordination with client goals. It also plays a major part in the administration and management of asbestos dockets, as well in negotiations with plaintiffs' lawyers and coordinating discovery for its clients.
The firm's lawyers have extensive trial and appellate experience, defending clients against claims made by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science that is associated with these cases, and the particular legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented numerous manufacturers as the lead trial counsel in asbestos and personal injury lawsuits related to product liability as well as in consolidated cases involving multiple plaintiffs. She has extensive experience arguing asbestos-related lawsuits before federal and state courts as well as various Supreme Court and appellate bodies.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information on the plaintiffs, including medical reports, a history of work and an inventory of asbestos-related products that plaintiffs worked with or around. 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 in addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is recognized nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates with the lawyers of plaintiffs in the creation and implementation of settlement agreements. It also has a vast experience in defending companies against appeals.