An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can protect the financial security of those who have been harmed by exposure to this toxic mineral. Compensation can cover medical costs, funeral and burial expenses, pain and suffering, and lost quality of life.
Our attorneys are involved in the mass litigation of toxic torts on a national, regional and local level. As as such, we are acquainted with the specific issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause serious medical conditions, such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek financial compensation for the victims and their families who have been exposed to this toxic substance. These cases can be extremely complex and it is crucial to have an experienced mesothelioma law firm by your side.
New York has a long history of asbestos litigation and many residents have been exposed to this hazardous material. In recent years, there have been more lawsuits filed against former asbestos producers than ever before. These cases arise out of the recognition that asbestos is linked to diseases such as mesothelioma and lung cancer. The companies were aware of asbestos’s dangers however, they failed to inform the employees and the public.
New York City is especially vulnerable to illnesses caused by asbestos because of its old structures and many construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to impact the surrounding community.
Mesothelioma is triggered by direct exposure to asbestos and many workers were exposed to asbestos in the workplace. However, people also get diagnosed with mesothelioma after experiencing exposure to harmful substances. This is especially true for spouses who wear husband’s clothes at work and come in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit can be costly for defendants, particularly when they are incorrectly 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 increase further. 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 substantial settlements.
Defendants might be able to mitigate some of the costs arising from these cases by arguing that their policy periods expire or they are only responsible for a small percentage of the claim value. New York law does not have a clear rule on how to divide liability when the alleged exposure is part of and outside the insurance policies.
Asbestos-Related Illnesses
A myriad of asbestos-related illnesses can be triggered due to exposure to the toxic mineral. The most serious of these is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and pleural effusion.
Mesothelioma is a rare but fatal disease, is caused by asbestos fibers which collect in the lung. They then irritate the linings of the ribcage (the Pleura) as well as the chest cavity and abdominal cavity. Inhaling asbestos fibers can cause scarring of the lungs, known as asbestosis. It can also lead to thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity as determined by breathing tests. They can also cause breathing problems and pain but they don’t lead to cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases do not show up until decades 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 and other asbestos-related ailments include those who handled, washed, and removed these materials from the workplace, as well as spouses and children of those exposed to asbestos.
Other asbestos-related diseases, in addition to mesothelioma include laryngeal carcinoma and lung cancer, peritoneal, ovarian, and peritoneal cancer. Ovarian cancer is the most fatal mesothelioma type for women, but it is less prevalent than mesothelioma in general. It is diagnosed later than most other mesothelioma types, because it develops within the linings of reproductive organs. Symptoms can be similar to other illnesses.
A number of companies employed asbestos in the 20th century, but they knew that it was a risk. When they did not remove asbestos from their products, thousands of people were exposed. They can now sue for financial compensation. Many asbestos-related manufacturers are bankrupt. In the aftermath, victims can seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, Asbestos lawsuit-related companies have put profits ahead of the safety of their employees as well as consumers by producing dangerous products, without warning of the dangers. These companies are now paying the price for their negligence. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete compensation.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have over 25 years experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and to secure the maximum amount of compensation for our clients.
A number of states have established special asbestos courts in which claims can be filed and resolved more efficiently. Additionally judges have created specific procedures for evaluating and resolving such cases.
New York, a state that has its own asbestos court (known as NYCAL), is one of the states. The number of cases filed in this court has been increasing steadily as increasing numbers of asbestos victims seek compensation from solvent asbestos lawsuit defendants who have become bankrupt. To ensure that the justice system is not overwhelmed the New York Supreme Court has created an extra judicial panel to oversee NYCAL.
A panel of six Supreme Court Judges will review each case to determine if it should be accepted or rejected. Judges will also assess the merits of each case to determine how much a plaintiff should be awarded.
The panel is currently looking at more than 3500 lawsuits. The panel is expected issue its final decision before the end this year.
New York asbestos lawsuits are often complex and involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult issues. They are knowledgeable of the rules regulations, rules, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.
The firm also has extensive experience serving as National Coordinating Counsel in asbestos litigation, representing clients nationwide in complex, multi-district litigation. In this role lawyers devise strategies, oversee regional and local counsel, and ensure consistent and efficient defenses for clients. They have worked closely with trial judges, coordinating judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is most effective to defend the client in a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and premises owners on matters involving claims of mesothelioma, lung cancer, and other asbestos-related diseases. The firm collaborates with clients to develop internal programs to address potential safety and liability concerns.
Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation is also the national Coordinating Counsel. In this role, the firm develops strategies for litigation, oversees regional and local counsel and achieves consistent and cost-effective defense, in line with client goals. In addition it plays an important role in the administration of asbestos dockets, negotiations with plaintiffs’ counsel and lead discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience defending clients against claims by injured claimants, which includes those who are claiming mesothelioma or any 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 before federal and state courts across the United States.
Catherine has represented numerous manufacturers in asbestos and products liability personal injury cases, defending them as the lead counsel in consolidated trials that involved multiple claimants. She has extensive experience litigating asbestos-related lawsuits in the federal and state courts as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information on the plaintiffs, such as medical reports, work histories and an inventory of asbestos-related products that plaintiffs worked with or around. Vogel was required to have access to a password to access the files. She could then review any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is recognized nationally for its ability to reach settlements on behalf of its clients. In this capacity, the company collaborates with lawyers representing plaintiffs in the development and execution of settlement agreements. It also has extensive experience defending companies against appeals.