An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer for asbestos defense can help protect those whose financial security has been affected due to exposure to the hazardous mineral. Compensation can cover medical costs, funeral and burial costs, lost quality of life, as well as suffering and pain.
Our lawyers are involved in mass toxic tort litigation at a national, regional and local scale. This means that we are well-versed in the unique issues and complex aspects of science that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause severe medical conditions like mesothelioma. A New York asbestos lawyer is experienced 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 complicated and it is crucial to have a reputable mesothelioma lawyer on your side.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous material. In recent times, there have been more claims against former asbestos producers than ever before. These cases stem from the recognition of a link between asbestos and diseases like mesothelioma and lung cancer and asbestosis. These companies were aware of the dangers associated with the dangerous mineral, but they did not inform their employees and customers.
New York City is especially susceptible to diseases caused by asbestos due to its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the community around it.
Many workers were exposed asbestos in the workplace. Secondhand exposure can also cause mesothelioma. This includes spouses who wear husband's clothes to work and come into contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants, especially when they are mistakenly identified as a defendant. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. Specialized asbestos law firms often advertise on daytime TV and encourage victims to file claims, promising they will receive significant settlements.
The defendants could be able to reduce some of the costs of these cases by arguing their policy periods are overdue or that they are only responsible only a small percentage of the amount claimed. New York law does not have a clear rule on how to divide liability when the alleged risk is within and part outside of the insurance policies.
Asbestos-related illnesses
Exposure to asbestos can cause various illnesses. The condition known as mesothelioma is the most severe. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and pleural effusion.
Mesothelioma is a rare but fatal disease caused by exposure to asbestos fibers that collect in the lungs, and can cause irritation to the lining of the chest cavity, ribcage and abdominal cavity (the Pleura). Inhaling these tiny fibers can cause scarring of the lungs known as asbestosis and occasionally, the formation of thickened patches on the pleura referred to as pleural plaques or an enlargement of fibrosis in the pleura known as diffused fibrisis. Pleural plaques and diffused fibrosis decrease lung capacity as measured by breathing tests. They can also cause pain and discomfort in breathing, however they do not lead mesothelioma attorney or cancer.
Most of the time, symptoms of asbestos-related illnesses don't appear until decades after the initial exposure. It could take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. The people at risk of developing mesothelioma or other asbestos-related conditions include workers who handled, washed and removed asbestos-containing materials from their workplaces and their spouses and children of those exposed to asbestos.
In addition to mesothelioma, other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma ovarian. The most fatal mesothelioma type is ovarian cancer, however it is less prevalent than mesothelioma in general. It is often diagnosed later than other forms of mesothelioma because it is a cancer that develops in the lining of the reproductive organs and symptoms can be similar to those of other illnesses.
Many companies employed asbestos during the 20th century. They knew it was dangerous. They exposed thousands of people to asbestos when they failed to remove it from their products. Now, those exposed are able to seek financial compensation. Many of the asbestos-related manufacturers have declared bankruptcy. This means that the victims can seek the compensation they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the safety of their employees as well as consumers, producing dangerous products without warning of the risks. These companies are now paying for their inattention to. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete settlement.
The lawyers at Belluck & Fox are dedicated to helping families and individuals receive the justice they need. Our attorneys have more than 25 years of experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and to secure the highest amount of compensation for their clients.
Many states have established special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also established specialized procedures to evaluate and resolve such cases.
New York is one such state that has its own asbestos court known as NYCAL. The number of cases in this court has grown steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos defendants who have gone bankrupt. In order to ensure that the justice system isn't overloaded and overwhelmed, the New York Supreme Court has created an additional judicial panel that will supervise NYCAL.
A panel comprised of six Supreme Court judges will review every case filed in NYCAL to determine whether to accept or reject it. Judges will also consider the merits of each claim to decide how much money a plaintiff should be awarded.
Currently, the panel is looking into more than 3500 lawsuits. The panel is expected issue its final decision by the end of the year.
New York asbestos lawsuits are usually complex and involve several defendants. Belluck and Fox's lawyers have a wealth of experience in defending these complicated matters. They are knowledgeable of New York's asbestos courts as well as their rules and regulations in addition to 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 throughout the nation in complex, multi-district litigation. In this role lawyers devise strategies, oversee regional and local counsel, and ensure consistent and effective defenses for clients. They have collaborated closely with trial and coordination judges and litigation special masters in various jurisdictions where they were involved in asbestos litigation.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best approach to defend a client in an asbestos personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and premises owners on matters concerning mesothelioma-related claims, lung cancer, and other asbestos-related diseases. The firm works with clients to develop internal programs to determine 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, the firm develops litigation strategies, supervises regional and local counsel, and ensures a consistent and cost-effective defense in coordination with client objectives. It also plays an important role in the administration and management of asbestos dockets, as well in negotiations with plaintiffs' lawyers and in coordinating discovery for its client.
The firm's attorneys have a wealth of trial and appellate experience in defending clients against claims 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 representing companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as lead trial counsel in asbestos and personal injury lawsuits involving product liability, and in consolidated cases that involve multiple claimants. She has substantial experience litigating asbestos-related cases in federal and state courts and before various supreme and appellate court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short encapsulated Evaluative reports) which contained confidential data about the claimants. These included medical reports, work histories, and the list of asbestos-related products that plaintiffs worked with or near. Vogel was required to use a password to access these files, and she could also review the SEAR forms of any case she had with 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 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. It also has extensive experience in defending businesses from appeals.