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 who’s financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses funeral and burial expenses, pain and suffering, and lost quality of life.
Our lawyers serve as national, regional and local counsel in large toxic tort litigation. As a result, we are well-versed in the unique issues and the complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can cause numerous serious medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in handling lawsuits seeking the financial compensation of those affected by asbestos exposure and their families. These cases can be complex and therefore it is essential to have a mesothelioma attorney on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous substance. In recent years there have been more lawsuits against asbestos producers in the past than ever before. These cases are a result of the recognition of a connection between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies were aware of asbestos’ dangers, but failed to warn the employees and the public.
New York City is especially susceptible to diseases caused by asbestos because of 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 around it.
Many workers were exposed to asbestos in the workplace. Exposure to asbestos from the outside can result in mesothelioma. This includes spouses who wear husband’s clothes to work and come into contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants, especially when they are mistakenly identified as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014 and the number could increase even more. This type of litigation is typically driven by asbestos law firms that promote on television during the day and encourage victims to file claims with the promise of substantial settlements.
The defendants could be able to reduce the cost of these cases by arguing that their policy periods are overdue or that they are only responsible for a small portion of the value of the claim. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure occurs partly within and outside the policy period of the insurer.
Asbestos-related Diseases
A wide range of asbestos-related illnesses can develop because of exposure to the toxic mineral. The most serious of these is mesothelioma. Many people have died due to mesothelioma. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare but fatal condition is caused by asbestos fibers that are found in the lung. They then cause irritation to the linings of the ribcage (the pleura), chest cavity and abdominal cavity. The inhalation of these tiny fibers can cause scarring to the lungs, a condition known as asbestosis and sometimes the formation of thickened patches on the pleura called plaques of pleura or the more widespread fibrosis of the pleura, referred to as diffused pleural 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.
Often, symptoms of asbestos-related illnesses don’t appear until decades after the initial exposure. This is because it can take between 20 to 50 years for inhalation of asbestos-containing fibers to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces as well as children, spouses and others who were exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related diseases, in addition to mesothelioma, include laryngeal cancer and lung cancer, peritoneal, ovarian, and peritoneal cancer. The most dangerous form of mesothelioma is called ovarian cancer, but it’s much less common than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it is found in the linings of the reproductive organs. The symptoms can be similar to other illnesses.
A number of companies employed asbestos case 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. These people now are able to seek financial compensation. Many asbestos-related companies are bankrupt. The victims can now seek compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have placed profits over the safety of their employees as well as consumers, producing dangerous products, without warning of the risks. They are now facing the consequences of their carelessness. People who have suffered from life-altering issues caused by mesothelioma, lung cancer and other asbestos-related diseases are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals obtain 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 large corporations responsible accountable and to secure maximum compensation for our clients.
Many states have set up special asbestos courts where claims can be filed and resolved more efficiently. Additionally judges have developed specific procedures for evaluating and resolving such 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 that have declared bankruptcy the number of cases that have come through the court has been steadily increasing. The New York Supreme Court created a special judicial board to oversee NYCAL to stop the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court Judges will review each case to determine if it is accepted or not. Judges will also evaluate the merits of each case to decide how much money a plaintiff should be awarded.
The panel is currently examining more than 3500 lawsuits. The panel is expected to issue its final decision by the end of this year.
New York asbestos lawsuits can be complicated and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated issues. They are familiar with the rules regulations, policies, and procedures of the asbestos courts in New York, as well as the laws of other jurisdictions where they have handled multidistrict litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this role, attorneys create strategies, coordinate and manage regional and local counsel and ensure cost-effective, consistent defenses for every client. They have worked closely in the past with trial judges, coordinating judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best approach to defend a client in an asbestos-related personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and premises owners on matters involving claims of mesothelioma, lung cancer, and other Asbestos Claim-related diseases. The firm collaborates with clients to develop internal programs to determine and deal with potential liability and safety issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity Bowles Rice formulates strategies for litigation and supervises local and region counsel to ensure a consistent and cost-effective defence in coordination with the client’s objectives. It also plays an important part in the administration and management of asbestos dockets, as well in negotiations with plaintiffs’ lawyers and leading discovery for its client.
The firm’s lawyers have experience in defending clients from claims of mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are acquainted with the complex research and technology involved in these cases, as and specific legal issues that arise while defending companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead counsel in asbestos and personal injury lawsuits related to product liability, and in consolidated cases that involve multiple plaintiffs. She has extensive experience in litigating asbestos-related lawsuits before federal and state courts, as well as a variety of Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents to the asbestos case Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about the plaintiffs, such as 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 could review 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 nationally recognized for its ability to successfully negotiate settlements for its clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. It also has a wealth of experience in defending businesses against appeals.