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 harmed by exposure to this harmful mineral. Compensation can cover medical costs, funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our lawyers are involved in mass toxic tort litigation at 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 fibers are dangerous and can cause severe medical conditions such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek compensation for victims and their families due to exposure to this harmful substance. These cases can be complicated and therefore it is essential to have an experienced mesothelioma law firm by your side.
New York has had a long-running history of asbestos litigation. Many residents were exposed to this hazardous substance. In recent years, there have been more lawsuits against former asbestos producers than ever before. These cases arise out of the realization that asbestos is associated with illnesses such as mesothelioma or lung cancer. These companies were aware of the dangers associated with the dangerous mineral, but they didn’t warn their employees and consumers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its old structures and the numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the community around it.
Many workers were exposed to asbestos in their work environments. However, people also get diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses who wear their husband’s clothes to work and come into contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants. This is particularly the case if they were wrongly named as defendants. According to an investigation, more than 3,600 claims have been filed in New York courts since 2014, and the number could rise further. This type of litigation is typically fueled by specialized asbestos law (click for more info) firms that promote on television during the day 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 their policy periods are overdue or that they are only responsible for only for a small proportion of the value of the claim. New York law does not have a specific rule for how to divide liability when the alleged risk is of and outside the insurer’s policies.
Asbestos-related Illnesses
A wide range of asbestos-related illnesses can be triggered because of exposure to the toxic mineral. The mesothelioma disease is the most severe. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal disease is caused by asbestos fibers which are found in the lung. They then cause irritation to the linings of the ribcage (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 an increased fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They can also cause pain and difficulty in breathing, however they don’t cause mesothelioma or cancer.
Symptoms of asbestos-related disease often are not evident until years after exposure. It can take as long as 50 years for asbestos fibers inhaled to cause lung damage. People who are at risk of developing mesothelioma and other asbestos-related diseases include those who handled, laundered and removed asbestos-containing materials from their workplaces and spouses and children of those who were exposed to asbestos.
Other asbestos-related illnesses, apart from mesothelioma, include laryngeal cancer and lung cancer, peritoneal, ovarian, and peritoneal cancer. Ovarian cancer is the most fatal mesothelioma that women suffer from however, it is much less common than mesothelioma general. It is usually diagnosed later than other forms of mesothelioma because it is a cancer that develops in the lining of the reproductive organs and the symptoms may be similar to those of other illnesses.
Many companies employed asbestos in the 20th century, however they were aware that it was a risk. If they didn’t remove asbestos from their products thousands of people were exposed. They can now seek financial compensation. Many asbestos-related companies have declared bankruptcy. This means that the victims can seek the money they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
asbestos case companies have put profits before the safety of their workers and their customers for decades making dangerous products, without warning about the risks. They are now paying the price for their inattention to. People who’s lives have been affected by mesothelioma, lung cancer and other asbestos-related diseases are seeking full and fair settlement.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our attorneys have more than 25 years of experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and to secure maximum compensation for clients.
Many states have established asbestos courts that are specifically designed so that claims can be filed more efficiently. Additionally, judges have established special procedures for evaluating and resolving asbestos cases.
New York is one such state that has its own asbestos court known as NYCAL. As asbestos claim victims continue to seek compensation from solvent asbestos defendants who have been bankrupt the number of cases that have come through this court has been steadily increasing. In order to ensure that the justice system isn’t overloaded and overwhelmed, the New York Supreme Court has established an additional judicial panel that will oversee NYCAL.
A panel comprised of six Supreme Court judges will review each case in NYCAL to decide whether to accept or reject it. Judges will also consider the merits of each claim to determine how much a plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to issue its final decision by the end this year.
New York asbestos lawsuits are typically complex and often involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult matters. They are familiar with 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 as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role lawyers devise strategies, oversee regional and local counsel, and ensure that they are able to provide consistent and efficient defenses for clients. They have collaborated closely with coordinating and trial judges and special masters of litigation in various jurisdictions in which they were involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is the best way to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and property owners in cases involving claims for mesothelioma and 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, is also the national Coordinating counsel. In this role the firm formulates strategies for litigation, oversees regional and local counsel and ensures a consistent and cost-effective defense that is in sync with the client’s goals. It also plays a significant role in the administration and management of asbestos dockets, as well as negotiations with plaintiffs’ lawyers and coordinating discovery for its client.
The firm’s lawyers have extensive trial and appellate experience, defending clients against claims by injured claimants, which includes those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are familiar with the intricate science involved with these cases, and the unique legal issues that arise when defending companies in federal and state courts across the United States.
Catherine has defended numerous manufacturers in asbestos and products liability personal injury cases, acting as lead trial counsel and in consolidated trials involving a variety of plaintiffs. She has extensive experience litigating asbestos-related lawsuits before federal and state courts, as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents of the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about plaintiffs, including medical reports, work histories and a list of asbestos products that plaintiffs worked with or around. Vogel was required to use access to these files and could go through the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is widely acclaimed 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 in defending businesses against appeals.