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 help 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, lost quality of life, and pain and suffering.
Our lawyers are national, regional and local counsel in massive toxic tort litigation. As our lawyers are well-versed with the specific issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause severe medical conditions like mesothelioma. A New York asbestos lawyer is adept at dealing with asbestos lawsuits, which seek financial compensation for victims and their families due to exposure to this harmful substance. These cases can be extremely complex, and it is critical to have a mesothelioma expert law firm by your side.
New York has a long history of asbestos litigation and many residents have been exposed to this dangerous substance. In recent years, there are more lawsuits filed against former asbestos producers than ever before. These cases stem from the recognition of a connection between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. The companies were aware of the dangers associated with this asbestos-containing mineral, yet they failed to inform their employees and customers.
New York City is especially susceptible to diseases caused by asbestos because of its older structures and construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the surrounding community.
Mesothelioma is triggered by exposure to asbestos directly, and many workers were exposed to asbestos in the workplace. Secondhand exposure can also lead to mesothelioma. This includes spouses of asbestos-exposure workers who had their husbands’ work clothes and came in contact with asbestos dust regularly.
The litigation associated with mesothelioma can be costly for defendants, particularly if they are wrongfully 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 law firms, which advertise on television during the day and encourage victims to file claims, with the promise of large settlements.
Defendants might be able to reduce some of the costs arising from these cases by argument that their policy terms expire or they are only responsible for a small portion of the amount of the claim. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure is outside of the insurer’s policy periods.
Asbestos-related illnesses
A wide range of asbestos-related illnesses can be triggered because of exposure to the toxic mineral. The most severe condition is mesothelioma. Many people have died due to mesothelioma. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is 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 the pleura), chest cavity and abdominal cavity. Inhaling these tiny fibers can cause scarring to the lungs called asbestosis, and occasionally, the development of thickened patches on the pleura called plaques on the pleura, or a more widespread fibrosis of the pleura, referred to as diffused pleural the fibrosis. Pleural plaques or diffuse fibrosis may reduce lung capacity, as measured by breathing test. They can also cause pain and difficulty in breathing, but they do not lead mesothelioma or cancer.
The signs of asbestos-related illness typically do not manifest until decades after the initial exposure. It could take up to 50 years for asbestos fibers that are inhaled to cause lung damage. People who are at risk of developing mesothelioma and other asbestos-related conditions include workers who handled, laundered and removed asbestos-containing materials from the workplace and their spouses and children of asbestos compensation-related exposure.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma ovarian. Ovarian cancer is the deadliest mesothelioma that women suffer from however, it is much less prevalent than mesothelioma in general. It is diagnosed later than other types of mesothelioma, because it develops in the linings of the reproductive organs. Symptoms can be similar to other diseases.
Many companies employed asbestos in the 20th century, but they knew that it was hazardous. They exposed thousands of people to asbestos if they didn’t eliminate it from their products. Now, these people are able to seek financial compensation. Many asbestos-related companies have declared bankruptcy. The victims are now able to seek compensation from trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees and consumers by producing dangerous products without warning of the risks. These companies are now paying the price for their carelessness. People who have suffered from life-altering issues caused by mesothelioma and lung cancer and other asbestos-related illnesses are seeking full and fair settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families get the justice they deserve. Our attorneys have more than 25 years experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold accountable large corporations accountable and seek maximum compensation for our clients.
Many states have established asbestos courts that are specifically designed so that claims can be filed more efficiently. In addition, judges have established specialized procedures for evaluating and resolving such cases.
New York, a state which has its own asbestos court (known as NYCAL), is one of the states. The caseload in this specialty court has been increasing steadily as increasing numbers of asbestos victims seek compensation from solvent former asbestos case defendants who have become bankrupt. To ensure that the justice system isn’t overloaded and overwhelmed, the New York Supreme Court has established an additional judicial panel that will supervise NYCAL.
A panel of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also consider the merits of each claim to determine how much the plaintiff is entitled to.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected issue its final decision by the end of the year.
New York asbestos lawsuits are often complex and involve allegations of several defendants. Belluck and Fox’s lawyers have a wealth of experience in litigating these complex cases. They are well-versed in the asbestos courts in New York and their rules and regulations in addition to other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this capacity, lawyers create strategies, coordinate and oversee regional and local counsel and ensure consistent and cost-effective defenses for each client. They have collaborated closely with trial and coordination judges and litigation special masters in various jurisdictions where they were involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is the best way to defend the client against an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and owners of premises on matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm also works with clients to create internal programs for identifying and addressing potential safety and liability issues.
In addition to its national asbestos practice, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role the firm formulates litigation strategies, manages regional and local counsel and achieves consistent and cost-effective defense, in line with client objectives. It also plays an important role in the administration and management of asbestos dockets as well in negotiations with plaintiffs’ attorneys and coordinating discovery for its clients.
The firm’s lawyers have extensive trial and appellate experience in defending clients against claims by injured claimants, which includes those who are claiming mesothelioma or any 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 in state and federal courts across the United States.
Catherine has represented a variety of manufacturers as the lead counsel in asbestos and product liability personal injury lawsuits, and in consolidated cases that involve multiple claimants. She has extensive experience litigating asbestos-related lawsuits before the federal and state courts as well as various Supreme Court and appellate courts.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that 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 a password in order to access the files. She was then able to look over any SEAR forms from her current employer.
In addition to its extensive trial and appellate experience as well as its vast 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 draft and implement settlement agreements. It also has extensive experience in defending businesses against appeals.