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 injured through exposure to this dangerous mineral. Compensation can cover medical expenses funeral and burial costs as well as pain and suffering and lost quality of life.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local level. As our lawyers are well-versed with the specific issues and complex science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can lead to various serious medical conditions, including mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek financial compensation for the victims and their families who have been exposed to this toxic substance. These cases can be complicated and it is crucial to have a reputable mesothelioma lawyer on 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 asbestos attorney producers from the past than before. These cases are a result of the recognition of a link between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. These companies knew of the dangers of the dangerous mineral, but they did not 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. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community around it.
Mesothelioma is caused by exposure to asbestos in direct contact and a lot of workers were exposed to it in the workplace. However, some people are diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses who wear husband’s clothes at work and come in contact with asbestos dust on a regular basis.
The mesothelioma litigation can be costly for defendants, particularly when they are incorrectly named as a defendant. According to a study, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number could rise further. This kind of litigation is usually driven by asbestos law firms that promote on daytime television and encourage victims to file claims with the promise of substantial settlements.
The defendants could be able to reduce some of the costs of these cases by arguing their policy periods are overdue or that they are only responsible for only a small percentage of the amount claimed. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure is in and out of the insurer’s policy periods.
Asbestos-related Diseases
A wide range of asbestos-related illnesses can be triggered because of exposure to the harmful mineral. The condition known as mesothelioma is the most serious. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare but fatal disease that is caused by asbestos fibers that collect 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 result in scarring of the lungs, a condition known as asbestosis and sometimes the formation of thickened patches on the pleura, known as plaques of pleura or a more widespread fibrosis of the pleura known as diffused the fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as determined by breathing tests. They can also cause pain and difficulty breathing however they do not cause mesothelioma or cancer.
The symptoms of asbestos-related diseases typically don’t manifest until decades after initial exposure. It can take as long as 50 years for asbestos case fibers that are inhaled to cause lung damage. People who are at risk of developing mesothelioma and other asbestos-related diseases include those who handled, cleaned and removed asbestos-containing products from the workplace and spouses and children of asbestos-related exposure.
As well as mesothelioma, other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most fatal mesothelioma type is ovarian cancer, but it’s less frequent than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it develops in the linings of reproductive organs. The symptoms may be similar to those of other illnesses.
Many companies used asbestos case in the 20th century, but they knew that it was hazardous. They exposed thousands of people to asbestos if they didn’t eliminate asbestos from their products. These people now have the right to claim financial compensation. Many asbestos-related companies are insolvent. In the aftermath, 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 put profits above the safety of their employees as well as consumers by producing dangerous products, without warning of the risks. These companies are now paying for their negligence. People whose lives have been disrupted by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking fair and full compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and to secure 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. In addition judges have created specific procedures to evaluate and resolve asbestos cases.
New York is one such state with its own asbestos court, known as NYCAL. The number of cases filed in this court has been increasing steadily as more and more asbestos victims seek compensation from solvent asbestos defendants who went bankrupt. To ensure that the justice system isn’t overwhelmed the New York Supreme Court has ordered the creation of an additional judicial panel that will supervise NYCAL.
A panel composed of six Supreme Court judges will review every case in NYCAL to decide whether or not to accept it. Judges will also assess the merits of each case to determine the amount a plaintiff should be awarded.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected make a final decision before the end of the year.
New York asbestos lawsuits are usually complex and involve multiple defendants. Belluck and Fox’s lawyers have vast experience in the litigation of these difficult cases. They are well-versed in the rules, regulations, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions where they have handled multidistrict litigation.
The firm also has vast experience in serving as National Coordinating Counsel in asbestos litigation (Click on Mdwrite), representing clients across the country in multi-district, complex litigation. In this role, attorneys develop strategies, coordinate and oversee regional and local counsel, and ensure cost-effective, consistent 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 from an injury claim that involves asbestos settlement. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and owners of premises in matters involving claims of mesothelioma, lung cancer, and other asbestos-related diseases. The firm works with clients to develop internal programs to determine and deal with potential liability and safety issues.
In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm designs litigation strategies, manages regional and local counsel and achieves consistent and cost-effective defense that is in sync with client goals. It also plays a significant part 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 a wealth of trial and appellate experience in defending clients against claims by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are familiar with the intricate science involved with these cases, as well as 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 lead counsel in asbestos and personal injury lawsuits related to product liability, and in consolidated cases involving multiple plaintiffs. She has a wealth of experience litigating asbestos-related cases before the federal and state courts, as well as before various appellate and supreme court bodies.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents of the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information on the plaintiffs, such as medical reports, work history and an inventory of asbestos-related products that plaintiffs worked with or around. Vogel was required to use a password to access these files, and she could also look over the SEAR forms of any case with her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in trial and appellate work, is nationally recognized for its ability to negotiate settlements for its clients. The firm has worked closely with plaintiffs’ lawyers to draft and implement settlement agreements. It also has extensive experience in defending businesses from appeals.