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 injured by exposure to this toxic mineral. Compensation can cover medical expenses funeral and burial costs, lost quality of life, as well as pain and suffering.
Our lawyers serve as local, regional and national counsel in mass toxic tort litigation. As our lawyers are well-versed with the specific issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can lead to numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits which seek financial compensation for victims and their families due to exposure to this harmful substance. These cases can be extremely complex, and it is critical to have a reputable mesothelioma law firm on your side.
New York has had a long history with asbestos litigation and many residents were exposed to the dangerous material. In recent years there are more lawsuits filed against former asbestos producers than ever before. These cases stem from the recognition of a link between asbestos and certain diseases such as mesothelioma, lung cancer and asbestosis. These companies were aware of the dangers that asbestos posed however, they failed to inform employees and consumers.
The New York City area is particularly susceptible to asbestos-related ailments due to its old structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the surrounding community.
Mesothelioma can be caused by direct exposure to asbestos and many workers were exposed to it in the workplace. However, some people are diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure workers who wore their husband's work clothes and came in contact with asbestos dust regularly.
Litigation involving mesothelioma is expensive for defendants. This is especially true if they have been wrongly named 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 type of litigation is typically supported by asbestos law firms that advertise on daytime television and encourage victims to file claims, with the promise of large settlements.
The defendants might be able to reduce some of the costs of these cases by arguing that their policy periods are expired or that they are only responsible a small portion of the claim value. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure occurs within and outside the policy period of the insurer.
Asbestos-Related Diseases
Exposure to asbestos can trigger many different diseases. The mesothelioma disease is the most serious. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos fibers that accumulate in the lungs and irritate the lining of the ribcage, chest cavity and abdominal cavity (the the pleura). The inhalation of these tiny fibers can cause scarring to the lungs known as asbestosis and occasionally, the development of thickened patches on the pleura called plaques of pleura or a more widespread fibrosis of the pleura known as diffused fibrisis. Pleural plaques or diffuse fibrosis can decrease lung capacity, as measured by a breath test. They can also cause pain and difficulty in breathing, however they do not lead mesothelioma or cancer.
Most of the time, symptoms of asbestos-related illnesses don't appear until decades after the initial exposure. It can take as long as 50 years for asbestos fibers inhaled to cause lung damage. The people at risk of developing mesothelioma or any other asbestos-related diseases include those who handled, washed and removed asbestos-containing materials from their workplaces and their spouses and children of asbestos-related exposure.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma attorneys and mesothelioma ovarian. The most deadly form of mesothelioma is ovarian cancer, however it is less common than the general mesothelioma. It is typically diagnosed later than other forms of mesothelioma because it is a cancer that develops in the tissues of the reproductive organs, and the symptoms may be similar to symptoms of other illnesses.
There were many companies that used asbestos in the 20th century, but they were aware that it was a risk. When they failed to remove asbestos from their products, thousands of people were exposed. They can now sue for financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to claim compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits over the safety of their workers and their customers for decades making dangerous products, without warning about the risks. These companies are now confronting the consequences of their inattention. People who's lives have been affected by mesothelioma and lung cancer and other asbestos-related illnesses are seeking fair and full settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. Our lawyers have over 25 years of experience and have helped clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold corporations accountable and to secure the highest amount of compensation for their clients.
A number of 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 these cases.
New York is one such state that has its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have declared bankruptcy, the caseload of this special court has steadily increased. In order to ensure that the justice system isn't overwhelmed, the New York Supreme Court has ordered the creation of an extra judicial panel to oversee NYCAL.
A panel of six Supreme Court judges will review each case in NYCAL to decide whether or not to take it up with it. Judges will also consider the merits of each claim to determine the amount of money each plaintiff should receive.
The panel is currently reviewing more than 3,500 lawsuits. The panel is expected issue its final decision by the end of this year.
New York asbestos lawsuits are often complex and include allegations of several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated issues. 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 where they have handled multidistrict litigation.
The firm also has extensive experience in serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in complex, multi-district litigation. In this capacity lawyers devise strategies, manage local and regional counsel and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely with trial judges, coordination judges and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is most effective to defend the client from an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and owners of premises in cases involving claims for mesothelioma attorneys, lung cancer, and other asbestos-related diseases. The firm also assists clients to develop internal programs for identifying and addressing any safety and liability concerns.
Bowles Rice In addition to its asbestos practice across the country and multi-state asbestos litigation, serves as national Coordinating counsel. In this capacity, the firm develops strategies for litigation, oversees regional and local counsel, and achieves consistent and cost-effective defense that is in sync with client goals. Additionally it plays an important part in the administration of asbestos dockets and negotiations with counsel for plaintiffs and also leads discovery for its clients.
The firm's lawyers have experience in defending clients against claims of mesothelioma attorneys and other asbestos-related illnesses. Asbestos defense lawyers are acquainted with the intricate research and technology involved in these cases, as and particular legal issues that arise while representing companies in federal and state courts across the United States.
Catherine has defended numerous manufacturers in asbestos and product liability personal injury cases, representing them as lead trial counsel and in consolidated trials involving a variety of claimants. She has extensive experience in litigating asbestos-related cases before federal and state 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 of the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that 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 had to have access to a password to access the files. She was then able to look over any SEAR forms from 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. In this capacity, the company collaborates closely with plaintiffs' lawyers in the development and execution of settlement agreements, and it has extensive experience in defending businesses against appeals.