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 by exposure to the toxic mineral. Compensation may cover medical costs funeral and burial expenses as well as pain and suffering and loss of quality of life.
Our lawyers are involved in mass toxic tort litigation on a regional, national and local scale. As a result, we are well-versed in the unique issues and complex aspects of science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause serious medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in handling lawsuits to seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complicated and it's crucial to have a mesothelioma lawyer to assist you.
New York has had a long-running history of asbestos litigation, and many residents were exposed to this dangerous substance. In recent years there have been more lawsuits filed against asbestos producers from the past than before. These cases result from the recognition of a connection between asbestos and diseases like mesothelioma and lung cancer and asbestosis. The companies were aware of the dangers associated with the hazardous mineral, but failed to warn their employees and consumers.
New York City is especially susceptible to diseases caused by asbestos because of its old structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community surrounding it.
Mesothelioma is caused by direct exposure to asbestos and many workers were exposed in the workplace. However, many people are diagnosed with mesothelioma following an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit is costly for defendants, especially when they are mistakenly identified as a defendant. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This niche litigation is often supported by asbestos law firms, which advertise on television during the day and encourage victims to file claims with the promise of substantial settlements.
The defendants may be able mitigate some of the expenses arising from these cases by argument that their policy terms expire or they are only accountable for a small percentage of the amount of the claim. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure occurs partly within and outside the policy period of the insurer.
Asbestos-Related Illnesses
Exposure to asbestos can trigger various ailments. The most serious condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare but fatal illness that is caused by asbestos fibers which are found in the lung. They then irritate the linings of the ribcage (the pleura), chest cavity, and abdominal cavity. The inhalation of these small fibers can cause scarring to the lungs known as asbestosis and, sometimes, the development of thickened patches on the pleura, known as plaques of pleura or the more widespread fibrosis of the pleura known as diffused fibrisis. Pleural plaques or diffuse fibrosis can reduce lung capacity as measured by breathing test. They can also cause pain and difficulty breathing, though they do not cause mesothelioma or cancer.
The signs of asbestos-related illness typically do not manifest until decades after initial exposure. This is due to the fact that it can take between 20 to 50 years for exposure to asbestos fibers to cause lung damage. People at risk of developing mesothelioma and other asbestos-related conditions include workers who handled, cleaned and removed asbestos-containing materials from their workplaces and spouses and children of asbestos-related exposure.
In addition to mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma and mesothelioma ovarian. The most fatal form of mesothelioma attorney is ovarian cancer, however it is less common than the general mesothelioma. It is often diagnosed later than other kinds of mesothelioma since it is a cancer that develops in the lining of the reproductive organs and the symptoms may be similar to symptoms of other illnesses.
Several companies used asbestos during the 20th century. They were aware that it was dangerous. They exposed thousands of people to asbestos because they failed to remove asbestos from their products. The affected people are now able to claim financial compensation. Many of the asbestos-related manufacturers have gone bankrupt. The victims are now able to seek compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the security of their employees and consumers by producing dangerous products, without warning of the risks. They are now paying for their carelessness. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. Our lawyers have over 25 years experience and have helped clients receive millions of dollars of compensation. Our New York mesothelioma attorneys (Recommended Studying) work to hold large corporations accountable and obtain the maximum amount of compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolved more efficiently. Judges have also developed special procedures to review and resolve such cases.
New York is one such state, with its own asbestos court known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants who have been bankrupt the number of cases that have come through the court has been steadily increasing. In order to ensure that the justice system isn't overloaded the New York Supreme Court has ordered the creation of an additional judicial panel that will oversee NYCAL.
A panel composed of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also assess the merits of each case to determine how much a plaintiff should be awarded.
Currently, the panel is studying more than 3,500 lawsuits. The panel is expected to announce its final decision before the end of the year.
New York asbestos lawsuits can be complex and can involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex issues. They are familiar with the asbestos courts in New York 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 as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, attorneys develop strategies, coordinate and manage local and regional counsel, and ensure consistent and cost-effective defenses for every client. They have collaborated closely with coordinating and trial judges and litigation special masters in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A skilled 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 manufacturers, suppliers and distributors, contractors, and premises owners on matters involving mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm works with clients on developing internal programs to identify and resolve potential liability and safety issues.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm formulates strategies for litigation, oversees local and regional counsel, and achieves consistent and cost-effective defense that is in sync with client goals. Additionally it plays an important role in the management of asbestos dockets and negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's attorneys have extensive trial and appellate experience, defending clients against claims by injured claimants, which includes those who claim mesothelioma and other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science that is associated with these cases, and the unique legal issues that arise when representing companies in state and federal courts across the United States.
Catherine has represented numerous manufacturers as lead trial counsel in asbestos and personal injury lawsuits involving product liability and in consolidated cases involving multiple claimants. She has extensive experience litigating asbestos-related lawsuits in the state and federal courts as well as various Supreme Court and appellate bodies.
While at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Evaluative reports that are encapsulated), which contained confidential information about claimants. This included medical reports as well as work histories and a list asbestos products that plaintiffs worked with or near. Vogel was required to use a password to access these files and could review the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is recognized nationally for its ability to negotiate settlements for its clients. In this capacity, the company works closely with lawyers representing plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience in defending businesses against appeals.