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 injured by exposure to this harmful mineral. Compensation can cover medical expenses, funeral and burial costs, lost quality of life, and suffering and pain.
Our attorneys are involved in the mass litigation of toxic torts on a national, regional and local level. As a result, we are well-versed in the unique issues and complex aspects of science of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can cause various serious medical conditions, such as mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits which seek financial compensation for victims and their families for exposure to this toxic substance. These cases can be complicated, so it’s important to have a mesothelioma lawyer on your side.
New York has had a long-running history of asbestos litigation and many residents were exposed to the dangerous substance. In recent years, there have been more lawsuits filed against asbestos producers from the past than before. These cases are a result of the recognition of a connection between asbestos and diseases like mesothelioma attorney, lung cancer, and asbestosis. These companies were aware the dangers that asbestos posed however, they failed to inform employees and consumers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its old structures and numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the community around it.
Many workers were exposed asbestos at work. Secondhand exposure can also result in mesothelioma. This includes spouses of asbestos-exposed workers who had their husbands’ work clothes and came into contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is especially relevant if they’ve been wrongly named as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014 and the number could rise further. This type of litigation is typically driven by asbestos law firms that promote on daytime TV and entice victims to file claims with the promise of large settlements.
Defendants may be able to mitigate some of the expenses arising from these cases by asserting that their policy periods have expired or they’re only responsible for a small percentage of the total claim value. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure occurs in and out of the insurer’s policy periods.
Asbestos-related illnesses
A variety of asbestos-related illnesses can develop because of exposure to the toxic mineral. The condition known as mesothelioma is the most serious. Many people have died due to mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare but fatal illness is caused by asbestos fibers that are found in the lungs. They then cause irritation to the linings of the ribcage (the pleura), chest cavity and abdominal cavity. The inhalation of these small fibers can cause scarring of the lungs, a condition known as asbestosis and, sometimes, the formation of thickened patches on the pleura called pleural plaques or an enlargement of fibrosis in the pleura called diffused pleural fibrisis. Pleural plaques or diffuse fibrosis can reduce lung capacity, as measured by breathing test. They can also cause pain and difficulties in breathing, however they don’t cause cancer or mesothelioma.
Often, symptoms of asbestos-related illnesses don’t manifest until decades after initial exposure. It could take up to 50 years for asbestos fibers inhaled to cause lung damage. Workers who handled, cleaned, and removed asbestos from the workplace and their spouses, children, and others exposed to asbestos are at risk for developing mesothelioma.
In addition to mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma lawsuits, and mesothelioma ovarian. The most deadly form of mesothelioma is ovarian cancer, however it is less frequent than the general mesothelioma. It is diagnosed later than other types of mesothelioma lawsuit because it develops in the linings of the reproductive organs. The symptoms may be similar to those of other illnesses.
A number of companies used asbestos in the 20th century. They knew it was dangerous. They exposed thousands of people to asbestos if they didn’t eliminate it from their products. They can now seek financial compensation. Many asbestos-related companies have filed for bankruptcy. In the aftermath, victims can seek the money they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the security of their employees and consumers, producing dangerous products, without warning of the dangers. They are now confronting the consequences of their carelessness. People who have suffered from asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have more than 25 years experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and obtain the highest amount of compensation for their clients.
Many states have created asbestos courts that are specifically designed so that claims can be filed more efficiently. Judges have also developed specialized procedures to evaluate and resolve such cases.
New York, a state which has its own asbestos court (known as NYCAL) is one of the states. The number of cases in this court has been increasing steadily as increasing numbers of asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to keep the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review each case in NYCAL to determine whether or not to take it up with it. Judges will also evaluate the merits of each case to decide how much money the plaintiff is entitled to.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to issue its final decision before 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 in the litigation of these complicated issues. They are familiar with the asbestos courts of New York as well as their rules, regulations and policies and other jurisdictions in which they have handled multi-district litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, lawyers develop strategies, coordinate and manage local and regional counsel, and ensure cost-effective and consistent defenses for each client. They have worked closely with trial judges, coordinating judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is best to defend the client in a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and distributors, contractors, and property owners on issues concerning mesothelioma-related claims, lung cancer, and other asbestos-related illnesses. The firm also assists clients to create internal programs for identifying and addressing potential 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, Bowles Rice develops litigation strategies and manages local and region counsel to ensure a consistent and cost-effective defence in coordination with the client’s objectives. It also plays an important role in the administration and management of asbestos dockets as well as negotiations with plaintiffs’ attorneys and in coordinating discovery for its client.
The firm’s lawyers are skilled in defending clients from mesothelioma attorneys-related claims and other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved with these cases, as well as the particular legal issues that arise when representing companies in federal and state courts across the United States.
Catherine has represented a variety of manufacturers in asbestos and products liability personal injury cases, acting as the lead counsel in consolidated trials involving a variety of plaintiffs. She has a wealth of experience arguing asbestos-related lawsuits before the state and federal courts as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about claimants, such as medical reports, work histories and the list of asbestos-related products that plaintiffs worked with or around. Vogel was required to have a password to access these files and could look over the SEAR forms of any case she had with 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. The firm has worked closely with plaintiffs’ lawyers to create and implement settlement agreements. It also has a wealth of experience defending businesses against appeals.