An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can help protect the financial security of those injured through exposure to this dangerous mineral. Compensation can cover medical costs funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our lawyers are local, regional, and national counsel in massive toxic tort litigation. As such, we are familiar with the unique issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can trigger numerous serious medical conditions, including mesothelioma. A New York asbestos attorney is adept at handling lawsuits seeking financial compensation for victims of asbestos exposure and their families. These cases can be complex and therefore it is essential to have a reputable mesothelioma law firm by your side.
New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous substance. In recent times there have been more claims against former asbestos manufacturers than ever before. These cases are a result of the recognition that asbestos is linked to diseases such as mesothelioma and lung cancer. The companies were aware of the dangers of the dangerous mineral, but they 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 have an impact on the community surrounding it.
Many workers were exposed asbestos claim at work. Secondhand exposure can also result in mesothelioma. This includes spouses of asbestos-exposure workers who wore their husband’s work clothes and came in contact with asbestos dust on a regular basis.
The mesothelioma litigation can be costly for defendants, especially when they are incorrectly named as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This type of litigation is typically driven by Asbestos Claim law firms, which advertise on daytime TV and entice victims to file claims with the promise of huge 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 only have to pay only for a small proportion of the value of the claim. However, New York law has not provided a definitive rule regarding how to allocate liabilities when the alleged exposure occurs partly outside of the insurer’s policy periods.
Asbestos-Related Illnesses
A myriad of asbestos-related illnesses can develop due to exposure to the harmful mineral. The most serious of these is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers that accumulate in the lungs and cause irritation to the lining of the chest cavity, ribcage, and abdominal cavity (the the pleura). Inhaling these fibers can lead to scarring of the lungs, known as asbestosis. It can also cause thickened patches of pleura (pleural plaques) or an increase in fibrosis. Pleural plaques or diffuse fibrosis could reduce lung capacity, as measured by breathing test. They can also cause pain and difficulties in breathing, but they do not lead cancer or mesothelioma.
The signs of asbestos-related illness typically do not manifest until decades after exposure. It can take up to 50 years for asbestos fibers 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 products from the workplace, as well as spouses and children of asbestos-related exposure.
In addition to mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and ovarian mesothelioma. The most fatal form of mesothelioma is called ovarian cancer, but it’s much less prevalent than mesothelioma in general. It is typically diagnosed later than other types of mesothelioma due to the fact that it develops in the lining of the reproductive organs and the symptoms can be similar to symptoms of other illnesses.
Many companies used asbestos in the 20th century, but they were aware that it was hazardous. When they failed to remove asbestos from their products thousands of people were exposed. Now, these people have the right to claim financial compensation. Many of the asbestos-related manufacturers have declared bankruptcy. The victims can now seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit over the safety of their workers and their customers for decades, producing hazardous products without warning of the dangers. These companies are now paying for their negligence. People who’s lives have been affected by mesothelioma, lung cancer and other asbestos-related illnesses are seeking full and fair compensation.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have created asbestos courts that are specifically designed so that claims can be filed more efficiently. Judges have also established specific procedures to assess and resolve asbestos-related cases.
New York, a state which 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 gone bankrupt the number of cases that have come through this court has steadily increased. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel composed of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also evaluate the merits of each claim to determine the amount a plaintiff should receive.
Currently, the panel is reviewing more than 3,500 lawsuits. The panel is expected issue its final ruling by the end of this year.
New York asbestos lawsuits can be complex and involve several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex matters. They are knowledgeable of New York’s asbestos courts and their rules, regulations and policies and other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district litigation that is complex and complex. In this capacity lawyers devise strategies, oversee local and regional counsel, and ensure consistent and effective defenses for clients. They have collaborated closely with coordinating and trial judges and litigation special masters in various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is best to defend the client against a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors, and property owners on issues involving mesothelioma claims, lung cancer and other asbestos-related diseases. The firm collaborates with clients to develop internal programs to determine and address potential safety and liability concerns.
Bowles Rice in addition to its asbestos practice in the national level and multi-state asbestos litigation is also the national Coordinating Counsel. In this role the firm formulates litigation strategies, manages regional and local counsel, and provides a cost-effective and consistent defense that is in sync with client objectives. In addition it plays an important role in the management of asbestos dockets, negotiations with plaintiffs’ counsel and also leads discovery for its clients.
The firm’s lawyers are skilled in defending clients from mesothelioma-related claims and other asbestos-related diseases. asbestos lawyer defense lawyers are familiar with the complex science involved in these cases, as well as specific legal issues that arise while defending businesses before state and federal courts throughout the United States.
Catherine has defended numerous manufacturers in asbestos and product liability personal injury cases, defending them as lead trial counsel and in consolidated trials involving a variety of plaintiffs. She has extensive experience in litigating asbestos-related cases before state and federal courts as well as before a variety of appellate and supreme court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about plaintiffs, such as medical reports, work history, and a list of asbestos products that the plaintiff worked with or around. Vogel was required to have a password in order to access the files. Then, she could look over 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 nationally recognized for its ability to negotiate settlements for clients. The firm has worked closely with plaintiffs’ lawyers to draft and implement settlement agreements. The firm also has extensive experience defending businesses against appeals.