An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A defense attorney for asbestos can assist those whose financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our attorneys are involved in mass toxic tort litigation on a national, regional and local scale. As such, we are familiar with the specific issues and complex science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause severe medical conditions like mesothelioma. A New York asbestos lawyer is experienced in dealing with asbestos lawsuits, which seek financial compensation for victims and their families who have been exposed to this harmful substance. These cases can be a bit complicated and therefore it is essential to have a mesothelioma lawyer to assist you.
New York has a long history of asbestos litigation, and many residents have been exposed to this dangerous material. In recent years, there have been more lawsuits filed against former asbestos producers than ever before. These cases arise out of the realization that asbestos is linked to illnesses such as mesothelioma or lung cancer. These companies were aware of the dangers of the hazardous mineral, but did not warn their employees and consumers.
New York City is especially susceptible to diseases caused by asbestos due to its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community surrounding it.
Many workers were exposed asbestos in their work environments. Secondhand exposure can also cause mesothelioma. This includes spouses who wear their husband’s clothes at work and come in contact with asbestos dust frequently.
The mesothelioma litigation can be costly for defendants, particularly when they are incorrectly named as a defendant. According to a study, more that 3,600 claims have been filed in New York courts since 2014, and the number could increase even more. The asbestos law firms that specialize in asbestos often advertise on TV during the day and encourage victims to submit claims under the premise that they will receive significant settlements.
The defendants could be able to reduce some of the costs of these cases by arguing that their policies are in a lapse or that they are only responsible a small portion of the amount claimed. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure occurs partly within and outside the insurance company’s policy.
Asbestos-Related Diseases
A myriad of asbestos-related illnesses can be triggered because of exposure to the toxic mineral. The most serious condition is mesothelioma. Many people have died due to mesothelioma. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma, a rare, but fatal disease is caused by asbestos fibers that collect in the lungs. They then cause irritation to the linings of the ribcage (the pleura), chest cavity and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs. This is called asbestosis. It can also result in thickened pleura patches (pleural plaques) or an increased fibrosis. Pleural plaques or diffuse fibrosis may decrease lung capacity, as measured by breathing test. They can also cause pain and difficulty breathing, though they do not lead to cancer or mesothelioma.
Symptoms of asbestos-related disease often are not evident until years after the initial exposure. It could take up to 50 years for asbestos fibers that are inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces and their children, spouses and others who were exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related illnesses, apart from mesothelioma, include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is among the most deadly mesothelioma that women suffer from however, it is much less common than mesothelioma general. It is typically diagnosed later than other kinds of mesothelioma since it is a cancer that develops in the tissues of the reproductive organs and the symptoms can be similar to symptoms of other diseases.
There were many companies that employed asbestos in the 20th century, but they were aware that it was a risk. They exposed thousands of people to asbestos case because they didn’t remove it from their products. These people can now claim financial compensation. A lot of asbestos-related manufacturers have gone bankrupt. As a result, the victims can seek the compensation they are entitled to from trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their employees and consumers for decades creating dangerous products without warning about the risks. They are now paying for their carelessness. People whose lives have been disrupted by mesothelioma and lung cancer and other asbestos-related illnesses are seeking full and fair settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals get the justice they deserve. Our lawyers have more than 25 years experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and to obtain the maximum amount of 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 established specific procedures to assess and resolve such cases.
New York is one such state that has its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have gone bankrupt, the caseload of the court has steadily increased. The New York Supreme Court created a special judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court judges will review every case filed in NYCAL to decide whether to accept or reject it. Judges will also consider the merits of each claim to determine the amount a plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to issue its final ruling before the end of the year.
New York asbestos case lawsuits are often complex and include allegations of several defendants. Belluck and Fox’s lawyers have vast experience in the litigation of these difficult matters. They are familiar with the asbestos courts in New York as well as their rules regulations, policies and guidelines in addition to other jurisdictions where they have handled multi-district litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this capacity, lawyers develop strategies, coordinate and manage local and regional counsel, and ensure cost-effective and consistent defenses for every client. They have worked closely with coordinating and trial judges and special masters of litigation in various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos attorney 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 product manufacturers, suppliers contractors, distributors, contractors and premises owners in matters involving claims of mesothelioma, lung cancer and other asbestos-related illnesses. The firm collaborates with clients in the development of internal programs to identify and address potential safety and liability 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 capacity, Bowles Rice develops litigation strategies and oversees regional and local counsel to achieve a consistent and cost-effective defense in accordance with the client’s needs. Additionally it plays an important part in the administration of asbestos dockets as well as negotiations with plaintiffs’ counsel and leads discovery for its clients.
The firm’s lawyers have experience in defending clients from mesothelioma claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the complex science associated with these cases, and the particular legal issues that arise when representing companies before federal and state courts across the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, representing them as the lead counsel in consolidated trials involving multiple claimants. She has a wealth of experience arguing asbestos-related lawsuits before the federal and state courts, as well as various Supreme Court and appellate bodies.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential data about the plaintiffs. The files contained medical reports and work histories, as well as an inventory of asbestos-related products that plaintiffs worked with or near. Vogel was required to have a password to access these files, and she could also look over the SEAR forms of any case at 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 reach settlements on behalf of its clients. In this capacity, the firm collaborates closely with the lawyers of plaintiffs in the creation and implementation of settlement agreements, and it has a vast experience in defending companies against appeals.