An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can assist in ensuring the financial security of those affected by exposure to this toxic mineral. Compensation can cover medical costs, funeral and burial costs, loss of quality of life, as well as suffering and pain.
Our attorneys are involved in mass toxic tort litigation on a national, regional and local level. As such, we are familiar with the specific issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause serious medical conditions like mesothelioma. A New York asbestos attorney is experienced in handling lawsuits to seek the financial compensation of those affected by asbestos exposure and their families. These cases can be complicated, and it is critical to have an experienced mesothelioma law firm on your side.
New York has had a long-running history of asbestos litigation and many residents were exposed to this hazardous substance. In recent times, there have been more claims against former asbestos producers than ever before. These cases are the result of the recognition that asbestos is associated with diseases such as mesothelioma and lung cancer. These companies were aware of the dangers that asbestos posed, but failed to warn employees and consumers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its old structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the surrounding community.
Many workers were exposed to asbestos in their work environments. In addition, exposure to asbestos through secondhand sources can cause mesothelioma. This is especially true for spouses who wear husband’s clothing to work and come into contact with asbestos dust regularly.
Mesothelioma-related litigation can be expensive for defendants. This is particularly the case if they were wrongly named as defendants. According to a study, more that 3,600 claims have been filed in New York courts since 2014, and the number could rise further. Specialized asbestos law firms often advertise on TV during the day and encourage victims to submit claims under the premise that they will receive substantial settlements.
The defendants may be able reduce some of the costs of these cases by arguing that their policies are in a lapse or that they are only responsible only for a small proportion of the amount claimed. However, New York law has not provided a definitive rule on how to divide liabilities when the alleged exposure occurs partly in and out of the policy period of the insurer.
Asbestos-related illnesses
Exposure to asbestos can lead to many different diseases. The mesothelioma condition is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and pleural effusion.
Mesothelioma, a rare, but fatal condition that 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 in the lungs. This is called asbestosis. It can also result in thickened pleura patches (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity, as measured by breathing tests. They can also cause breathing problems and pain but they don’t cause mesothelioma or cancer.
Most of the time, symptoms of asbestos-related diseases do not appear until decades after the initial exposure. This is due to the fact that it can take between 20 to 50 years for exposure to asbestos fibers to cause lung damage. People who are at risk of developing mesothelioma or other asbestos-related diseases include those who handled, cleaned and removed asbestos-containing products from their workplaces and spouses and children of those who were exposed to asbestos.
As well as mesothelioma, other asbestos-related illnesses include lung cancer, laryngeal cancer, peritoneal mesothelioma and ovarian mesothelioma. The most fatal form of mesothelioma is called ovarian cancer, however it is less frequent than the general mesothelioma. It is diagnosed later than most other types of mesothelioma, because it is found in the linings of reproductive organs. The symptoms may be similar to other illnesses.
A number of companies used asbestos in the 20th century. They knew it was dangerous. When they did not 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. This means that the victims can seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the safety of their employees and consumers, producing dangerous products without warning of the dangers. These companies are now facing the consequences of their negligence. Victims of asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals receive the justice they need. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and obtain the highest amount of compensation for their clients.
Many states have set up special asbestos courts where claims can be filed and resolving more efficiently. Judges have also developed special procedures to review and resolve these cases.
New York, a state that has its own asbestos court (known as NYCAL), is one of them. The caseload in this specialty court has increased steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos defendants who went bankrupt. In order to ensure that the justice system isn’t overloaded, the New York Supreme Court has created an additional judicial panel that will supervise NYCAL.
A panel of six Supreme Court judges will review every case in NYCAL to determine whether or not to accept it. Judges will also consider the merits of every claim to determine how much the plaintiff’s compensation should be.
The panel is currently looking into more than 3500 lawsuits. The panel is expected make a final decision before the end of the year.
New York asbestos lawsuits can be complicated and involve several defendants. Belluck and Fox’s lawyers have a wealth of experience in litigating these complex cases. They are knowledgeable of the asbestos courts in New York and their rules regulations, policies and guidelines, as well as other jurisdictions in which they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel, representing clients in multidistrict litigation that is complex and complex. In this capacity, attorneys develop strategies, coordinate and oversee local and regional counsel, and ensure cost-effective and consistent defenses for each client. They have worked closely with coordinating and trial judges and litigation special masters in various jurisdictions in which they were involved in asbestos settlement litigation.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best approach to defend a client against a claim for personal injury resulting from asbestos lawsuit. The Bowles Rice Asbestos Team advises suppliers, manufacturers, contractors, distributors, and owners of premises on matters that involve mesothelioma claims, lung cancer, and other asbestos-related diseases. The firm also assists clients to create internal programs for identifying and addressing potential safety and liability issues.
Bowles Rice In addition to its asbestos practice in the national level and multi-state asbestos litigation, is also the national Coordinating counsel. In this capacity Bowles Rice formulates strategies for litigation and supervises regional and local counsel to achieve a consistent and cost-effective defense that is in line with the client’s goals. In addition it plays an important part in the administration of asbestos dockets as well as negotiations with plaintiffs’ counsel and leads discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience defending clients against claims made by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are acquainted with the intricate scientific issues involved in these cases as in addition to particular legal issues that arise while defending businesses before state and federal courts throughout the United States.
Catherine has represented a variety of manufacturers in asbestos and products liability personal injury cases, acting as lead trial counsel and in consolidated trials involving multiple claimants. She has substantial experience litigating asbestos-related cases before state and federal courts as well as before various supreme and appellate court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents to the Asbestos case Claims Facility in Northern California. The cases files contained SEAR forms (Short encapsulated Evaluative reports) that contained confidential data about the plaintiffs. This included medical reports as well as work histories and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to use access to these files and could go through the SEAR forms of any case at 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. In this capacity, the company works closely with the lawyers of plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience in defending businesses against appeals.