An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer for asbestos defense can assist those whose financial security has been affected by exposure to the harmful mineral. Compensation may cover medical costs funeral and burial costs, pain and suffering, and lost quality of life.
Our lawyers serve as local, regional and national counsel in large toxic tort litigation. As such, we are familiar with the particular issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can trigger a variety of severe medical conditions, such as mesothelioma. A New York asbestos lawyer is experienced in dealing with asbestos lawsuits, which seek compensation for victims and their families for exposure to this toxic substance. These cases can be complex and it’s crucial to have a mesothelioma lawyer to assist you.
New York has a long history of asbestos Case litigation and many residents have been exposed to the dangerous material. In recent years, there have been more claims against former asbestos manufacturers than ever before. These cases stem from the recognition of a connection between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. These companies were aware of the dangers associated with this asbestos-containing mineral, yet they failed to warn their employees and clients.
New York City is especially susceptible to diseases caused by asbestos compensation because of its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the surrounding community.
Many workers were exposed asbestos in the workplace. Exposure to asbestos from the outside can cause mesothelioma. This includes spouses of asbestos-exposure workers who were wearing their husband’s work clothes and came in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit can be expensive for defendants, especially when they are incorrectly named as a defendant. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number could rise further. This niche litigation is often fueled by specialized asbestos law firms that promote on daytime TV and entice victims to file claims, with the promise of large settlements.
The defendants may be able reduce the cost of these cases by arguing their policy periods are expired or that they are only responsible only for a small proportion of the amount claimed. However, New York law has not established a clear rule on how to divide liabilities when the alleged exposure is in and out of the policy period of the insurer.
Asbestos-Related Diseases
Exposure to asbestos can lead to many different diseases. The most severe condition is mesothelioma. Many have died from mesothelioma. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers that accumulate in the lungs and cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the pleura). Inhaling asbestos fibers can cause scarring in the lungs. This is known as asbestosis. It can also result in thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity, as measured by breathing tests. They can also cause pain and difficulties in breathing, however they are not the cause of cancer or mesothelioma.
The signs of asbestos-related illness typically do not manifest until decades after initial exposure. This is because it can take between 20 to 50 years for inhalation of asbestos-containing fibers to damage the lungs. People at risk of developing mesothelioma and other asbestos settlement-related conditions include workers who handled, laundered, and removed these materials from the workplace and their spouses and children of those exposed to asbestos.
Other asbestos-related diseases, apart from 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 other types of mesothelioma because it develops within the linings of reproductive organs. The symptoms can be similar to other illnesses.
Many companies used asbestos in the 20th century, however they knew that it was a risk. If they didn’t remove asbestos from their products thousands of people were exposed. The affected people are now able to sue for financial compensation. A lot of asbestos-related manufacturers 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
Asbestos companies have put profit over the safety of their workers and their customers for decades creating dangerous products without warning about the risks. They are now facing the consequences of their inattention. People who have suffered from life-altering issues caused by mesothelioma, lung cancer and other asbestos-related illnesses are seeking fair and full settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get the justice they deserve. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and seek the maximum amount of compensation for our clients.
Many states have established asbestos courts with specialization, where claims can be filed more efficiently. Judges have also established specific procedures to assess and resolve these cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants who have declared bankruptcy the number of cases that have come through this special court has steadily increased. To ensure that the justice system is not overwhelmed the New York Supreme Court has ordered the creation of a special judicial panel to supervise NYCAL.
A panel composed of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also consider the merits of every claim to determine the amount of money each plaintiff should receive.
At present, the panel is looking into more than 3500 lawsuits. The panel is expected issue its final ruling before the end of the year.
New York asbestos lawsuits can be complex and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex cases. They are familiar with the asbestos courts in New York as well as their rules and regulations and other jurisdictions where 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 consistent and cost-effective defenses for every client. They have worked closely in the past with trial judges, coordination judges and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best way to defend a client from an asbestos-related personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and owners of premises on matters involving mesothelioma claims, lung cancer, and other asbestos-related illnesses. The firm collaborates with clients in the development of internal programs to resolve potential liability and safety issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice formulates strategies for litigation and supervises local and region counsel to achieve a consistent and cost-effective defense in accordance with the client’s needs. Additionally, it plays a key role in the management of asbestos dockets as well as negotiations with plaintiffs’ counsel and also leads discovery for its clients.
The firm’s lawyers are skilled in defending clients from claims of mesothelioma and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the complex science that is associated 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 product liability personal injury cases, acting as the lead trial counsel in consolidated trials that involved multiple claimants. She has substantial experience arguing asbestos-related cases in state and federal courts and before various supreme and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about the plaintiffs, including medical reports, work histories, and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel was required to have access to these files, and she could also go through the SEAR forms of any case with her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is nationally recognized for its ability to negotiate settlements for 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.