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 who have been affected by exposure to this harmful mineral. Compensation can cover medical expenses funeral and burial expenses as well as pain and suffering and loss of quality of life.
Our lawyers are involved in the mass litigation of toxic torts on a regional, national and local scale. As a result, we are knowledgeable about the specific issues and complex aspects of science that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause severe medical conditions like mesothelioma. A New York asbestos attorney is experienced in dealing with lawsuits that seek the financial compensation of those affected by asbestos exposure and their families. These cases can be complicated and therefore it is essential to have a mesothelioma attorney to assist you.
New York has had a long history with asbestos litigation and many residents were exposed to the dangerous material. In recent years there have been more lawsuits against asbestos producers from the past than before. These cases are a result of the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. These companies knew of the dangers associated with this asbestos-containing mineral, yet they failed to warn their employees and consumers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its older structures and a myriad of construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the community around it.
Many workers were exposed asbestos in the workplace. However, some people are diagnosed with mesothelioma following an exposure secondarily to the harmful substances. This is especially true for spouses who wear husband’s clothing at work and come in contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is particularly true if they have been incorrectly identified as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. The asbestos law firms that specialize in asbestos often advertise on daytime TV and encourage victims to submit claims, promising they will receive significant settlements.
The defendants could be able to reduce some of the costs of these cases by arguing that their policy periods are overdue or that they only have to pay only a small percentage of the value of the claim. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure is in and out of the insurance company’s policy.
Asbestos-related illnesses
A wide range of asbestos-related diseases can develop due to exposure to the toxic mineral. The most severe condition is mesothelioma. Many have died from mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma, a rare, but fatal illness, 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 asbestos fibers can cause scarring in the lungs, known as asbestosis. It can also lead to thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as determined by breathing tests. They can also cause breathing problems and pain but they don’t lead to cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases do not manifest until decades after initial exposure. It can take up to 50 years for asbestos fibers inhaled to cause lung damage. The people at risk of developing mesothelioma and other asbestos-related diseases include those who handled, laundered and removed asbestos-containing products from their workplaces and spouses and children of asbestos-related exposure.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma of the ovary. The most dangerous form of mesothelioma is called ovarian cancer, but it’s less frequent than the general mesothelioma. It is typically diagnosed later than other kinds of mesothelioma because it is a cancer that develops in the lining of the reproductive organs and the symptoms may be similar to those of other diseases.
There were many companies that employed 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. The affected people are now able to seek financial compensation. Many of the asbestos-related manufacturers have gone bankrupt. The victims are now able to seek compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit over the safety of their workers and customers for a long time creating dangerous products without warning of the dangers. They are now paying for their negligence. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete settlement.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. Our attorneys have more than 25 years of experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and seek the maximum amount of compensation for our clients.
A number of states have set up asbestos courts with specialization, where claims can be filed more efficiently. Judges have also created specialized procedures to evaluate and resolve these cases.
New York is one such state that has 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 this court has been steadily increasing. In order to ensure that the justice system does not get overloaded and overwhelmed, the New York Supreme Court has established an additional judicial panel that will oversee NYCAL.
A panel composed of six Supreme Court Judges will review each case to determine if it is accepted or not. Judges will also assess the merits of each claim to decide how much money a plaintiff should be awarded.
The panel is currently looking at more than 3500 lawsuits. The panel is expected issue its final decision before the end of this year.
New York asbestos lawsuits are often complex and involve several defendants. Belluck & Fox’s lawyers have extensive experience in the litigation of these difficult issues. They are knowledgeable of the rules regulations, rules, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, attorneys develop strategies, coordinate and manage local and regional counsel, and ensure cost-effective, consistent defenses for every client. They have been in close contact with trial judges, coordinating judges and special masters of litigation from various jurisdictions.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best approach to defend a client from a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors, and premises owners on matters concerning mesothelioma-related claims, lung cancer and other asbestos-related illnesses. The firm collaborates with clients to develop internal programs to identify and deal with potential liability and safety issues.
Bowles Rice, in addition to its asbestos practice across the country and multi-state asbestos case litigation is also the national Coordinating counsel. In this role Bowles Rice devises strategies for litigation and supervises local and region counsel to ensure a consistent and cost-effective defence in coordination with the client’s needs. It also plays an important part in the administration and management of asbestos dockets aswell in negotiations with plaintiffs’ attorneys and leading discovery for its client.
The firm’s lawyers are skilled 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 unique legal issues that arise when defending companies in state and federal 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 cases that have been consolidated involving multiple claimants. She has extensive experience litigating asbestos-related lawsuits in the federal and state courts, as well as various Supreme Court and appellate bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents in the asbestos claim Claims Facility in Northern California. The case files contained SEAR forms (Short Evaluative Reports Encapsulated) that contained confidential information about plaintiffs. The files contained medical reports and work histories, as well as an inventory of asbestos-related products that plaintiffs worked with or near. Vogel had to have access to a password to access the files. She was then able to review any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in appellate and trial work, is recognized nationally for its ability to successfully reach settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to create and implement settlement agreements. The firm also has extensive experience in defending businesses from appeals.