An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can protect the financial security of those affected by exposure to this toxic mineral. Compensation can cover medical costs, funeral and burial expenses, pain and suffering, and lost quality of life.
Our lawyers are national, regional and local counsel in large toxic tort litigation. As such, we are familiar with the specific issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to numerous serious medical conditions, such as mesothelioma. A New York asbestos lawyer is experienced in dealing with asbestos lawsuits, which seek financial compensation for victims and their families who have been exposed to this toxic substance. These cases can be complicated and it is crucial to have an experienced mesothelioma lawyer on your side.
New York has had a long history of asbestos litigation and many residents were exposed to this hazardous substance. In recent years there have been more lawsuits filed against asbestos producers in the past than ever before. These cases stem from the recognition of a link between asbestos and diseases like mesothelioma, lung cancer and asbestosis. These companies were aware of the dangers of the hazardous mineral, but failed to inform their employees and customers.
New York City is especially susceptible to diseases caused by asbestos due to its old structures and construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the community around it.
Many workers were exposed asbestos in their work environments. However, people also get diagnosed with mesothelioma following secondhand exposure to the harmful substances. This is especially true for spouses who wear husband's clothes at work and come in contact with asbestos dust on a regular basis.
The litigation associated with mesothelioma can be expensive for defendants, especially 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 increase even more. This kind of litigation is usually supported by asbestos law firms that advertise on daytime TV and entice victims to file claims, with the promise of large settlements.
The defendants could 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 only for a small proportion of the amount claimed. New York law does not provide a definitive rule on how to allocate responsibility when the alleged exposure is of and outside the insurance policies.
Asbestos-related illnesses
A variety of asbestos-related diseases 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 lung cancer, asbestosis, pleural plaques, and pleural effusion.
Mesothelioma is a rare but fatal illness caused by exposure to asbestos fibers that accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the Pleura). The inhalation of these small fibers can result in scarring of the lungs called asbestosis, and occasionally, the formation of thickened patches on the pleura, known as pleural plaques or a more widespread fibrosis of the pleura called diffused pleural the fibrosis. Pleural plaques or diffuse fibrosis can decrease lung capacity, as measured by a breath test. They can also cause pain and difficulties in breathing, but they don't cause mesothelioma or cancer.
Symptoms of asbestos-related disease often are not evident until years after exposure. It could take up to 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces as well as children, spouses and other people who are exposed to asbestos are at risk for developing mesothelioma attorneys.
In addition to mesothelioma attorney, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma lawyers and mesothelioma of the ovary. The most fatal form of mesothelioma is called ovarian cancer, but it's less common than the general mesothelioma. It is usually diagnosed later than other kinds of mesothelioma since it is a cancer that develops in the tissues of the reproductive organs and the symptoms may be similar to those of other diseases.
Many companies employed asbestos in the 20th century, but they were aware that it was a risk. They exposed thousands of people to asbestos because they didn't eliminate asbestos from their products. Now, those exposed are able to seek financial compensation. Many asbestos-related companies have gone bankrupt. The victims can now seek compensation from the trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their employees and consumers for decades creating dangerous products without warning of the dangers. These companies are now paying for their negligence. Victims of asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full compensation.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals get 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 work to hold responsible large corporations accountable and to obtain the maximum amount of compensation for our clients.
A number of states have established special asbestos courts in which claims can be filed and resolving more efficiently. In addition judges have created special procedures for evaluating and resolving such cases.
New York is one such state, with its own asbestos court, known as NYCAL. The number of cases filed in this court has increased steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent former asbestos defendants who went bankrupt. 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 of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also evaluate the merits of every claim to determine how much amount of money each plaintiff should receive.
Currently, the panel is looking into more than 3500 lawsuits. The panel is expected to make a final decision 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 complex cases. They are well-versed in New York's asbestos courts, including their rules and regulations and other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity, lawyers develop strategies, coordinate and manage local and regional counsel, and ensure consistent and cost-effective defenses for every client. They have worked closely with trial and coordination judges and special masters of litigation in the various jurisdictions where they were involved in asbestos litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best way to defend a client from a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and premises owners on matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm collaborates with clients on developing internal programs to identify and resolve 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, Bowles Rice develops litigation strategies and manages regional and local counsel to achieve a consistent and cost-effective defense that is in line with the client's needs. It also plays a major part in the administration and management of asbestos dockets as well in negotiations with plaintiffs' attorneys and in coordinating discovery for its client.
The firm's attorneys are experienced in defending clients against mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the intricate science involved with these cases, and the unique legal issues that arise when defending companies in state and federal courts across the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, acting as the lead counsel in consolidated trials involving a variety of 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 encapsulated Evaluative reports) which contained confidential data about the claimants. The files contained medical reports and work histories, as well as 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. She could then review any SEAR forms that she received from her current employer.
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. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. It also has extensive experience in defending businesses from appeals.