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 protect those who’s financial security has been affected due to exposure to the hazardous mineral. Compensation could cover medical expenses funeral and burial costs, loss of quality of life, and suffering and pain.
Our attorneys serve as national, regional and local counsel in mass toxic tort litigation. This means that we are well-versed in the unique issues and complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can lead to various serious medical conditions, including mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits which seek financial compensation for victims and their families for exposure to this harmful substance. These cases can be extremely complex, and it is critical to have an experienced mesothelioma law firm on your side.
New York has a long history of asbestos settlement litigation, and many residents have been exposed to this dangerous substance. In recent times there have been more claims against former asbestos manufacturers than ever before. These cases arise out of the recognition that asbestos can cause diseases such as mesothelioma and lung cancer. The companies were aware of the dangers of the hazardous mineral, but did not warn their employees and clients.
The New York City area is particularly susceptible to asbestos-related ailments because of its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the community surrounding it.
Many workers were exposed to asbestos at work. However, many people are diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband’s work clothes and came in contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is especially true if they have been wrongly identified as defendants. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014, and the number could increase even more. Specialized asbestos law firms often advertise on TV during the day and encourage victims to file claims with the promise that they will receive significant settlements.
The defendants may be able reduce some of the costs associated with these cases by argument that their policy terms have expired or they’re only responsible for a tiny percentage of the total value of the claim. However, New York law has not set out a clear policy on how to divide liabilities when the alleged exposure occurs outside of the policy period of the insurer.
Asbestos-Related Diseases
Exposure to asbestos can cause various diseases. The mesothelioma disease is the most serious. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness is caused by asbestos fibers which are found in the lung. They then cause irritation to the linings of the ribcage (the pleura), chest cavity, and abdominal cavity. Inhaling these fibers can lead to scarring of the lungs, called asbestosis. It can also cause thickened pleura patches (pleural plaques) or an increased fibrosis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as determined by a breathing test. They also cause breathing problems and pain but they don’t cause mesothelioma or cancer.
Often, symptoms of asbestos-related diseases don’t show up until decades after the initial exposure. This is due to the fact that it can take between 20 to 50 years for inhalation of asbestos-containing fibers to damage the lungs. Workers who handled, cleaned and removed asbestos from the workplace as well as children, spouses and other people who are exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related diseases in addition to mesothelioma, include laryngeal cancer and lung cancer as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is among the most deadly form of mesothelioma for women however it is much less prevalent than mesothelioma in general. It is diagnosed later than other mesothelioma types, because it is found in the linings of reproductive organs. The symptoms can be similar to other illnesses.
Many companies employed asbestos in the 20th century, however they were aware that it was dangerous. When they failed to remove asbestos from their products thousands of people were exposed. These people now are able to claim financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the security of their employees and consumers, manufacturing hazardous products without warning of the risks. They are now confronting the consequences of their carelessness. Victims of asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. Our lawyers have over 25 years experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold corporations accountable and obtain the maximum amount of compensation for our clients.
Many states have set up special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also established special procedures to review and resolve asbestos-related cases.
New York, a state that has its own asbestos court (known as NYCAL), is one of the states. The caseload in this specialty court has been increasing steadily as asbestos victims are becoming more and more likely to seek compensation from solvent former asbestos defendants who went bankrupt. To ensure that the justice system does not get overloaded and overwhelmed, the New York Supreme Court has created a special judicial panel to supervise NYCAL.
A panel 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 each claim to decide how much money the plaintiff is entitled to.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected to announce its final decision by the end of this year.
New York asbestos lawsuits are typically complex and often involve several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated cases. They are familiar with the asbestos courts in New York and their rules, regulations and policies in addition to other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience serving as National Coordinating Counsel in asbestos litigation, representing clients across the country in multi-district litigation that is complex and complex. In this role, attorneys develop strategies, coordinate and oversee local and regional counsel, and ensure cost-effective, consistent defenses for every client. They have worked 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 best to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and owners of premises on matters involving mesothelioma claims, lung cancer, and other asbestos-related illnesses. The firm works with clients in the development of internal programs to determine and deal with potential liability and safety issues.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity Bowles Rice formulates strategies for litigation and supervises regional and local counsel to ensure a uniform and cost-effective defense that is in line with the client’s needs. Additionally, it plays a key part in the administration of asbestos dockets, negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm’s lawyers have experience in defending clients from mesothelioma-related claims and other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science that is associated with these cases, as well as the unique legal issues that arise when representing companies before 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 claimants. She has a wealth of experience litigating asbestos-related cases before state and federal courts and before a variety of supreme and appellate court bodies.
While 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), which contained confidential information on the plaintiffs, including medical reports, work history and an inventory of asbestos-related products that the plaintiff worked with or around. Vogel had to have an account password to access the files. Then, she could review any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is recognized nationally for its ability to negotiate settlements for its clients. The firm has worked closely with plaintiffs’ lawyers to draft and implement settlement agreements. It also has a wealth of experience defending businesses against appeals.