An asbestos legal 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 who’s financial security has been affected by exposure to the toxic mineral. Compensation may cover medical costs funeral and burial expenses as well as pain and suffering and lost quality of life.
Our attorneys are involved in mass toxic tort litigation on a regional, national and local scale. We are familiarized with the unique issues and complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can trigger a variety of severe medical conditions, including mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek financial compensation for victims and their families due to exposure to this harmful substance. These cases can be a bit complicated and it’s crucial to have a mesothelioma lawyer on your side.
New York has had a long history with asbestos litigation and 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 are the result of the recognition that asbestos is linked to illnesses like mesothelioma and lung cancer. These companies knew of the dangers associated with the asbestos-containing mineral, yet they failed to warn their employees and consumers.
New York City is especially susceptible to illnesses caused by asbestos because of its old structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.
Mesothelioma is caused by exposure to asbestos directly and many workers were exposed at work. Exposure to asbestos lawsuit from the outside can cause mesothelioma. This includes spouses who wear husband’s clothing at work and come in contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants. This is particularly the case if they were incorrectly identified as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014 and the number is expected to increase even more. This niche litigation is often fueled by specialized asbestos law – Full Content, firms, which advertise on television during the day and encourage victims to file claims, with the promise of huge settlements.
The defendants may be able reduce some of the costs of these cases by arguing that their policy periods are overdue or that they are only responsible only for a small proportion of the claim value. New York law does not have a clear rule on how to allocate responsibility when the alleged risk is within and part outside of the insurance policies.
Asbestos-related illnesses
Exposure to asbestos can cause many different diseases. The most serious condition is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers which accumulate in the lungs and irritate the lining of the ribcage, chest cavity, and abdominal cavity (the pleura). Inhaling asbestos fibers can cause scarring in the lungs, called asbestosis. It can also lead to thickened patches of pleura (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 discomfort in breathing, but they don’t cause mesothelioma or cancer.
Most of the time, symptoms of asbestos-related illnesses don’t manifest until decades after initial exposure. It can take up to 50 years for asbestos fibers that are inhaled to cause lung damage. People at risk of developing mesothelioma and other asbestos-related ailments include those who handled, washed and removed asbestos-containing materials from their workplaces, as well as spouses and children of those exposed to asbestos.
Other asbestos-related diseases apart from mesothelioma, include laryngeal cancer and lung cancer, peritoneal, ovarian, and peritoneal cancer. Ovarian cancer is the deadliest form of mesothelioma for women, but it is less common than mesothelioma general. It is typically diagnosed later than other kinds of mesothelioma since it is a cancer that develops in the tissue of the reproductive organs and symptoms can be similar to symptoms of other diseases.
A number of companies used asbestos in the 20th century. They were aware that it was hazardous. They exposed thousands of people to asbestos if they didn’t remove it from their products. Now, those exposed are able to sue for financial compensation. Many asbestos-related manufacturers are bankrupt. The victims are now able to claim compensation from the trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have placed profits over the safety of their employees and consumers, manufacturing hazardous products, without warning of the dangers. They are now paying the price for their inattention to. Victims of asbestos-related diseases like mesothelioma and lung cancer are seeking fair and full settlement.
Belluck & Fox is dedicated to helping families and individuals obtain 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 maximum compensation for clients.
Many states have set up special asbestos courts where claims can be filed and resolved more efficiently. Judges have also created special procedures to review and resolve such cases.
New York is one such state, with its own asbestos court known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants who have declared bankruptcy the number of cases that have come through the court has steadily increased. To ensure that the justice system isn’t overloaded, the New York Supreme Court has created a special judicial panel to oversee NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine whether it should be accepted or not. Judges will also consider the merits of every claim to determine how much the plaintiff’s compensation should be.
Currently, the panel is reviewing more than 3,500 lawsuits. The panel is expected to make a final decision by the end of this year.
New York asbestos lawsuits are typically complex and often involve multiple defendants. Belluck & Fox’s lawyers have extensive experience in defending these complicated matters. They are well-versed in the rules, regulations, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions where they have handled multidistrict 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 regional and local counsel and ensure cost-effective, consistent defenses for every client. They have collaborated 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 lawyer will determine what strategy is most effective to defend the client against a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors and owners of premises in cases involving claims for mesothelioma, lung cancer and other asbestos-related illnesses. The firm also assists clients to create internal programs to identify and addressing any 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 capacity the firm designs strategies for litigation, oversees local and regional counsel, and provides a cost-effective and consistent defense that is in sync with the client’s goals. Additionally it plays an important part in the administration of asbestos dockets as well as negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm’s attorneys have a wealth of trial and appellate experience, defending clients from claims brought 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 particular legal issues that arise when representing companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits and in consolidated cases that involve multiple claimants. She has a wealth of 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 attorney cases for respondents, including the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short encapsulated Evaluative reports) which contained confidential information about the claimants. These included medical reports as well as work histories and the list of asbestos-related products that plaintiffs worked with or near. Vogel was required to use access to 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 its vast experience in appellate and trial work, is widely acclaimed for its ability to successfully 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.