An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can help protect the financial security of those affected 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 massive toxic tort litigation. As such, we are familiar with the particular issues and complicated science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can trigger numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is experienced in dealing with asbestos lawsuits, which seek financial compensation for the victims and their families due to exposure to this harmful substance. These cases can be complicated and therefore it is essential to have a mesothelioma expert lawyer on your side.
New York has a long history of asbestos litigation and many residents have been exposed to this dangerous material. In recent years there are more lawsuits filed against former asbestos producers than ever before. These cases are a result of the realization that asbestos is linked to illnesses such as mesothelioma or lung cancer. These companies were aware asbestos’s dangers but did not take the time to warn their employees and customers.
The New York City area is particularly prone to asbestos-related diseases because of its older structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to impact the surrounding community.
Many workers were exposed to asbestos in the workplace. Secondhand exposure can also result in mesothelioma. This includes spouses of asbestos-exposure workers who were wearing their husband’s work clothes and came into contact with asbestos dust regularly.
The mesothelioma litigation can be costly for defendants, particularly if they are wrongfully named as defendants. According to a study, more than 3,600 claims have been filed in New York courts since 2014 and the number is expected to increase even more. This niche litigation is often driven by asbestos law firms that promote on daytime TV and entice victims to file claims with the promise of huge settlements.
Defendants might be able to reduce some of the costs associated with these cases by arguing that their policy periods expire or they are only responsible for a tiny percentage of the amount of the claim. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure occurs partly outside of the insurer’s policy periods.
Asbestos-related illnesses
Exposure to asbestos can cause various diseases. The condition known as mesothelioma is the most serious. Many people have died due to mesothelioma. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques, and pleural effusion.
Mesothelioma is a rare, but fatal condition is caused by asbestos fibers that are found in the lung. They then irritate the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs, known as asbestosis. It can also lead to thickened patches of pleura (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They can also cause discomfort and breathing difficulties but they don’t lead to cancer or mesothelioma.
Symptoms of asbestos-related disease often are not evident until years after exposure. This is because it could take between 20 and 50 years for the inhalation of asbestos-containing fibers to cause lung damage. The people at risk of developing mesothelioma or other asbestos-related ailments include those who handled, washed and removed asbestos-containing products from their workplaces and spouses and children of those exposed to asbestos.
Other asbestos-related diseases in addition to mesothelioma, include laryngeal carcinoma and lung cancer and peritoneal, ovarian and peritoneal cancer. The most deadly form of mesothelioma is called ovarian cancer, however it is less frequent than the general mesothelioma. It is typically diagnosed later than other types of mesothelioma due to the fact that it develops in the lining of the reproductive organs, and symptoms can be similar to symptoms of other diseases.
Many companies employed asbestos during the 20th century. They knew it was a risk. When they failed to remove asbestos from their products, thousands of people were exposed. The affected people are now able to sue for financial compensation. Many asbestos compensation-related companies have declared bankruptcy. As a result, 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 paying for their carelessness. People who’s lives have been affected by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to obtain maximum compensation for our clients.
Many states have set up special asbestos courts in which claims can be filed and resolving more efficiently. Judges have also created specialized procedures to evaluate and resolve these 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 declared bankruptcy and have been unable to pay, the workload of this special court has been steadily increasing. The New York Supreme Court created an additional judicial board that will oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court Judges will review each case to determine if it should be accepted or rejected. Judges will also evaluate the merits of every claim to determine the amount of amount of money each plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to issue its final decision by the end of this year.
New York asbestos lawsuits can be complex and involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex cases. They are knowledgeable of the asbestos claim courts in New York as well as their rules regulations, policies and guidelines, as well as other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this capacity, lawyers develop strategies, coordinate and oversee regional and local counsel and ensure cost-effective and consistent defenses for every client. They have been in close contact with trial judges, coordinating judges and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best approach to defend a client from a claim for personal injury resulting from asbestos case. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and owners of premises on matters that involve mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing any safety and liability concerns.
In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity, Bowles Rice develops litigation strategies and oversees regional and local counsel to ensure a consistent and cost-effective defence in coordination with the client’s needs. It also plays a significant role in the administration and management of asbestos dockets aswell as negotiations with plaintiffs’ attorneys and coordinating discovery for its clients.
The firm’s lawyers have experience in defending clients from mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the intricate scientific issues involved in these cases, as in addition to specific legal issues that arise while representing companies in federal and state courts across the United States.
Catherine has defended numerous manufacturers in asbestos and products liability personal injury cases, representing them as the lead trial counsel in consolidated trials that involved multiple plaintiffs. She has a wealth of experience litigating asbestos-related lawsuits in federal and state courts, as well as a variety of appellate and Supreme Court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents to the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Evaluative reports that are encapsulated) that contained confidential information about plaintiffs. The files contained medical reports, work histories, and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel required an account password to access the files. Then, she could look over any SEAR forms that she received from 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 recognized 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 a wealth of experience in defending businesses from appeals.