An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A defense attorney for asbestos 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, loss of quality of life, and pain and suffering.
Our attorneys are involved in the mass litigation of toxic torts at a national, regional and local scale. We are well-versed in the unique issues and complex aspects of science that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can cause serious medical conditions, such as mesothelioma. A New York asbestos lawyer is experienced in handling asbestos lawsuits that seek financial compensation for victims and their families for exposure to this toxic substance. These cases can be complex, and it is critical to have a reputable mesothelioma law firm on your side.
New York has a long history of asbestos litigation and many residents have been exposed to the dangerous material. In recent years there have been more lawsuits against asbestos producers in the past than ever before. These cases stem from the recognition of a connection between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. The companies were aware of the dangers associated with the dangerous mineral, but they didn’t warn their employees and clients.
New York City is especially susceptible to diseases caused by asbestos because of its old structures and many construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to impact the surrounding community.
Many workers were exposed asbestos at work. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses who wear husband’s clothing to work and come into contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants, particularly when they are mistakenly identified as defendants. According to an investigation, more than 3,600 claims have been filed in New York courts since 2014 and the number is expected to increase even more. Specialized asbestos case law firms typically advertise on TV during the day and encourage victims to file claims, promising they will receive substantial settlements.
Defendants might be able to lower some of the expenses arising from these cases by arguing that their policy periods expire or they are only responsible for a small portion of the value of the claim. New York law does not have a specific rule for how to divide the liability if the alleged exposure is part within and part outside of the insurer’s policies.
Asbestos-related diseases
Exposure to asbestos can trigger a wide range of ailments. The mesothelioma condition is the most serious. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma, a rare, but fatal disease is caused by asbestos fibers which are found in the lung. They then irritate the linings of the ribcage (the Pleura), chest cavity, and abdominal cavity. Inhaling these tiny fibers can result in scarring of the lungs known as asbestosis and, sometimes, the formation of thickened patches on the pleura referred to as plaques of pleura or an enlargement of fibrosis in the pleura known as diffused fibrosis. Pleural plaques or diffuse fibrosis may decrease lung capacity, as measured by a breath test. They also cause breathing problems and pain, though they do not cause mesothelioma or cancer.
The signs of asbestos-related illness typically do not manifest until decades after initial exposure. This is due to the fact that it can take between 20 to 50 years for the 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 exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related diseases apart from mesothelioma, include laryngeal carcinoma and lung cancer and peritoneal, ovarian and peritoneal cancer. Ovarian cancer is among the most deadly form of mesothelioma for women, but it is less common than mesothelioma in general. It is diagnosed later than other types of mesothelioma because it occurs within the linings of reproductive organs. The symptoms may be similar to other illnesses.
Many companies employed asbestos during the 20th century. They knew it was hazardous. They exposed thousands of people to asbestos when they failed to remove asbestos from their products. These people now are able to sue for financial compensation. Many asbestos-related manufacturers are bankrupt. The victims can now seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees as well as consumers, producing dangerous products without warning of the risks. They are now paying the price for their carelessness. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to helping families and individuals receive the justice they need. Our lawyers have more than 25 years experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and obtain the maximum amount of compensation for our clients.
Many states have set up special asbestos courts where claims can be filed and resolved more efficiently. In addition judges have developed special procedures for evaluating and resolving such cases.
New York is one such state with its own asbestos court known as NYCAL. 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 steadily increased. In order to ensure that the justice system does not get overwhelmed, the New York Supreme Court has ordered the creation of a special judicial panel to oversee NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine if it should be accepted or rejected. Judges will also consider the merits of every claim to determine the amount of amount of money each plaintiff should receive.
The panel is currently examining more than 3500 lawsuits. The panel is expected issue its final decision by the end of this year.
New York asbestos lawsuits can be complex and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult issues. They are familiar with New York’s asbestos courts and their rules, regulations and policies and other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience in serving as National Coordinating Counsel in asbestos litigation (visit Interiorwork), representing clients across the country in multi-district, complex litigation. In this capacity, attorneys create strategies, coordinate and manage 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 determine which strategy is the best way to defend the client in an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors, and premises owners on matters concerning mesothelioma-related claims, lung cancer and other asbestos-related diseases. The firm also works with clients to create internal programs to identify and addressing safety and liability issues.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm formulates litigation strategies, supervises regional and local counsel, and provides a cost-effective and consistent defense, in line with client goals. Additionally, it plays a key part in the administration of asbestos lawsuit dockets and negotiations with plaintiffs’ counsel and lead discovery for its clients.
The firm’s attorneys are experienced in defending clients from claims of mesothelioma and other asbestos case-related diseases. Asbestos defense lawyers are familiar with the complex research and technology involved in these cases as in addition to unique legal issues that arise while representing companies in federal and state courts across the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, representing them as the lead trial counsel in consolidated trials that involved multiple plaintiffs. She has extensive experience in arguing asbestos-related cases in federal and state courts and before various appellate and supreme court bodies.
During her tenure 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 about the plaintiffs, such as medical reports, work history and a list of asbestos products that plaintiffs worked with or around. Vogel was required to use access to these files, and she could also look over the SEAR forms of any case with her current employer.
In addition to its extensive trial and appellate experience in addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is recognized 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 a wealth of experience in defending businesses from appeals.