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 harmed through exposure to this dangerous mineral. Compensation can cover medical expenses, funeral and burial costs, loss of quality of life, and pain and suffering.
Our attorneys are involved in mass toxic tort litigation on a regional, national and local level. As such, we are familiar with the unique issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to a variety of severe medical conditions, such as mesothelioma lawsuits. A New York asbestos attorney is experienced in handling lawsuits to seek financial compensation for victims of asbestos exposure and their families. These cases can be a bit complicated, so it's important to have a mesothelioma lawyer on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous substance. In recent years there are more lawsuits filed against former asbestos producers than ever before. These cases arise out of the realization that asbestos is linked to diseases such as mesothelioma and lung cancer. The companies were aware of the dangers associated with the hazardous mineral, but did not warn their employees and clients.
The New York City area is particularly susceptible to asbestos-related illnesses due to its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the community surrounding it.
Mesothelioma can be caused by exposure to asbestos in direct contact and many workers were exposed to it in the workplace. In addition, exposure to asbestos through secondhand sources can cause mesothelioma lawsuit. This includes spouses of asbestos-exposed workers who wore their husband's work clothes and came into contact with asbestos dust on a regular basis.
The mesothelioma litigation can be costly for defendants, especially if they are wrongfully named as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. Specialized asbestos law firms often advertise on daytime TV and encourage victims to submit claims with the promise that they will receive substantial settlements.
Defendants may be able to lower some of the costs associated with these cases by asserting that their policy periods expire or they are only responsible for a tiny percentage of the total value of the claim. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure occurs within and outside the policy period of the insurer.
Asbestos-Related Diseases
A wide range of asbestos-related illnesses can be triggered because of exposure to the harmful mineral. The mesothelioma condition is the most severe. Mesothelioma is the cause of death 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 condition, is caused by asbestos fibers which collect in the lung. They then irritate the linings of the ribcage (the Pleura), chest cavity, and abdominal cavity. Inhaling these tiny fibers can cause scarring of the lungs, a condition known as asbestosis and, sometimes, the development of thickened patches on the pleura called plaques on the pleura, or an enlargement of fibrosis in the pleura known as diffused fibrisis. Pleural plaques and diffused fibrosis decrease lung capacity as determined by breathing tests. They can also cause pain and difficulties in breathing, but they do not lead mesothelioma or cancer.
Symptoms of asbestos-related disease often are not evident until years 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 ailments include those who handled, cleaned, and removed these materials from the workplace, as well as spouses and children of those exposed to asbestos.
Other asbestos-related illnesses, in addition to mesothelioma, include laryngeal cancer and lung cancer and peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the most fatal mesothelioma type for women, but it is less common than mesothelioma in general. It is often diagnosed later than other types of mesothelioma since it is a cancer that develops in the tissues of the reproductive organs, and symptoms can be similar to those of other illnesses.
Several companies used asbestos during the 20th century. They knew it was a risk. If they didn't remove asbestos from their products, thousands of people were exposed. Now, these people are able to seek financial compensation. Many asbestos-related companies have gone bankrupt. This means that the victims can seek the compensation they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees and consumers, producing dangerous products, without warning of the risks. These companies are now confronting the consequences of their carelessness. People whose lives have been disrupted by mesothelioma, lung cancer and other asbestos-related illnesses are seeking full and fair compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals get the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. 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 set up special asbestos courts, where claims can be filed more efficiently. In addition judges have developed specialized procedures to evaluate and resolve asbestos cases.
New York is one such state, with its own asbestos court, known as NYCAL. The caseload in this specialty court has increased steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who went bankrupt. To ensure that the justice system isn't overwhelmed, the New York Supreme Court has established a special judicial panel to supervise NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also evaluate the merits of each case to determine how much a plaintiff should be awarded.
At present, the panel is reviewing more than 3,500 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. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult cases. They are familiar with the asbestos courts in New York, including their rules and regulations, 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 throughout the nation in complex, multi-district litigation. In this role lawyers devise strategies, manage local and regional counsel, and ensure consistent and effective defenses for clients. They have collaborated closely with coordinating and trial judges and litigation special masters in various jurisdictions in which they were involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is the best way to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors and owners of premises on matters that involve mesothelioma claims, lung cancer, and other asbestos-related illnesses. The firm works with clients in the development of internal programs to determine and resolve potential liability and safety issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role, the firm develops litigation strategies, supervises regional and local counsel, and achieves consistent and cost-effective defense that is in sync with the client's goals. Additionally it plays an important role in the management of asbestos dockets, negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm's lawyers have experience in defending clients against mesothelioma claims and other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science that is associated with these cases, as well as the particular legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented numerous manufacturers as lead counsel in asbestos and product liability personal injury lawsuits and in consolidated cases involving multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits in the federal and state courts, as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information on the claimants, such as medical reports, work histories, and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel was required to have an account password to access the files. She was then able to look over any SEAR forms provided by her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is recognized nationally for its ability to negotiate settlements for its clients. In this capacity, the company collaborates with plaintiffs' lawyers in the creation and implementation of settlement agreements. Additionally, it has extensive experience defending companies against appeals.