An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer who is a defense attorney for asbestos can help protect those whose financial security has been affected by exposure to the toxic mineral. Compensation can cover medical costs funeral and burial costs as well as pain and suffering and the loss of quality of life.
Our lawyers serve as local, regional and national counsel in massive toxic tort litigation. We are knowledgeable about the specific issues and the complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can trigger various serious medical conditions, including mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek financial compensation for victims and their families who have been exposed to this toxic substance. These cases can be extremely complex, and it is critical to have an experienced mesothelioma lawyer on your side.
New York has had a long history with asbestos litigation. Many residents were exposed to the dangerous material. In recent years, there are more lawsuits filed against asbestos producers in the past than ever before. These cases arise out of the recognition that asbestos is associated with illnesses like mesothelioma and lung cancer. The companies were aware of asbestos’s dangers however, they failed to inform employees and consumers.
New York City is especially vulnerable to illnesses caused by asbestos due to its old structures and many construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.
Many workers were exposed asbestos in their work environments. However, many people are diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This is especially true for spouses who wear husband’s clothes to work and come into contact with asbestos dust frequently.
Mesothelioma-related litigation can be expensive for defendants. This is especially relevant if they’ve been wrongly identified as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This niche litigation is often supported by asbestos law firms that promote on daytime television and encourage victims to file claims with the promise of large settlements.
Defendants may be able to reduce some of the costs associated with these cases by argument that their policy terms expire or they are only accountable for a small percentage of the claim value. New York law does not have a specific rule for how to allocate the liability if the alleged exposure is part within and part outside of the insurer’s policies.
Asbestos-related Diseases
Exposure to asbestos can lead to various illnesses. The most severe condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos compensation-related diseases include lung cancer, asbestosis, pleural plaques and pleural effusion.
Mesothelioma, a rare, but fatal condition, is caused by asbestos fibers which are found 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 of the lungs, called asbestosis. It can also cause thickened patches of pleura (pleural plaques) or a more extensive fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They also cause breathing problems and pain however they do not lead to cancer or mesothelioma.
The symptoms of asbestos-related diseases typically do not manifest until decades after exposure. This is because it can take between 20 to 50 years for the exposure to asbestos 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 lawsuit are at risk of developing mesothelioma.
Other asbestos-related diseases, in addition to mesothelioma, include lung cancer and laryngeal carcinoma and peritoneal, ovarian and peritoneal cancer. The most dangerous form of mesothelioma is ovarian cancer, but it’s less prevalent than mesothelioma in general. It is diagnosed later than other types of mesothelioma because it develops in the linings of reproductive organs. The symptoms can be similar to other illnesses.
Several companies used asbestos during the 20th century. They were aware that it was hazardous. They exposed thousands of people to asbestos if they didn’t eliminate it from their products. They can now claim financial compensation. Many asbestos-related manufacturers are bankrupt. As a result, the victims can seek the compensation they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have placed profits over the security of their employees and consumers, producing dangerous products without warning of the dangers. They are now paying for their carelessness. Patients who have suffered asbestos-related diseases like mesothelioma and lung cancer are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get 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 large corporations accountable and obtain the maximum amount of compensation for our clients.
A number of states have established special asbestos courts where claims can be filed and resolved more efficiently. In addition judges have created specialized procedures to evaluate and resolve asbestos 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 been bankrupt and have been unable to pay, the workload of the court has been steadily increasing. The New York Supreme Court created an extra judicial board to supervise NYCAL to stop the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review every case filed in NYCAL to determine whether or not to accept it. Judges will also consider the merits of every claim to determine the amount of the plaintiff’s compensation should be.
The panel is currently 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 include allegations of multiple defendants. Belluck and Fox’s lawyers have vast experience in litigating these complex issues. They are familiar with the asbestos courts of New York as well as their rules and regulations in addition to other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity lawyers formulate strategies, manage local and regional counsel and ensure that they are able to provide consistent and effective defenses for clients. They have worked closely with trial and coordination judges and special masters of litigation in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer; Read the Full Content, will decide which strategy is most effective to defend the client against a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and property owners in cases involving claims for mesothelioma and lung cancer and other asbestos case-related illnesses. The firm also assists clients to develop internal programs for identifying and addressing safety and liability concerns.
In addition to its asbestos practice across the nation, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity, Bowles Rice develops litigation strategies and oversees local and region counsel to achieve a consistent and cost-effective defense in accordance with the client’s objectives. It also plays a significant role in the administration and management of asbestos dockets aswell as negotiations with plaintiffs’ attorneys and in coordinating discovery for its client.
The firm’s lawyers have experience in defending clients against mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the intricate science involved with these cases, and the particular legal issues that arise when defending businesses in federal and state courts across the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, acting as the lead trial counsel in consolidated trials that involved multiple plaintiffs. She has a wealth of experience litigating asbestos-related lawsuits in federal and state courts, as well as a variety of appellate and Supreme Court bodies.
While at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about the plaintiffs, such as medical reports, work histories, and the list of asbestos-related products that the plaintiff worked with or around. Vogel was required to use access to these files, and she could also go through the SEAR forms of any case she had with her current employer.
In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is acknowledged nationally for its ability to negotiate settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. The firm also has extensive experience defending businesses against appeals.