An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer who is a defense attorney for asbestos can assist those whose financial security has been affected due to exposure to the hazardous mineral. Compensation can cover medical expenses funeral and burial costs, loss of quality of life, and pain and suffering.
Our attorneys serve as national, regional and local counsel in large toxic tort litigation. We are knowledgeable about the specific issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause serious medical conditions like mesothelioma. A New York asbestos lawyer is experienced in dealing with asbestos lawsuits, which seek financial compensation for the victims and their families due to exposure to this harmful substance. These cases can be complicated, so it’s important to have a mesothelioma attorney to assist you.
New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous substance. In recent years, there are more lawsuits filed 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 and lung cancer and asbestosis. The companies were aware of the dangers that asbestos posed however, they failed to inform their employees and customers.
New York City is especially vulnerable to illnesses 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.
Mesothelioma is triggered by exposure to asbestos directly and many workers were exposed to asbestos in the workplace. In addition, exposure to asbestos through secondhand sources can result in mesothelioma. This includes spouses who wear husband’s clothes to work and come into contact with asbestos dust on a regular basis.
The mesothelioma lawsuit is costly for defendants, particularly when they are mistakenly identified as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could grow. This niche litigation is often fueled by specialized asbestos law firms that advertise on daytime television and encourage victims to file claims with the promise of large settlements.
Defendants may be able to lower some of the expenses arising from these cases by arguing that their policy periods have expired or they’re only accountable for a small percentage of the value of the claim. New York law does not have a clear rule on how to allocate the liability if the alleged exposure is of and outside the insurer’s policies.
Asbestos-related illnesses
Exposure to asbestos can trigger a wide range of illnesses. The most severe condition is mesothelioma. Many have died from mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare but fatal illness that is caused by asbestos fibers that collect in the lungs. They then irritate the linings of the ribcage (the Pleura) as well as the chest cavity and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs. This is called asbestosis. It can also lead to thickened patches of pleura (pleural plaques) or an increase in fibrosis. Pleural plaques or diffuse fibrosis may reduce lung capacity as determined by a breathing test. They can also cause pain and difficulty breathing but they don’t lead to cancer or mesothelioma.
Often, symptoms of asbestos-related illnesses don’t manifest until decades after initial exposure. This is because it could take between 20 to 50 years for the inhalation of asbestos claim-containing fibers to damage the lungs. Workers who handled, cleaned, and removed asbestos from their workplaces as well as children, spouses and others who were exposed to Asbestos claim are at risk of developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. The most deadly mesothelioma type is ovarian cancer, but it’s less frequent than the general mesothelioma. It is diagnosed later than most other types of mesothelioma, because it develops in the linings of reproductive organs. The symptoms may be similar to other diseases.
There were many companies that used asbestos in the 20th century, but they knew that it was dangerous. They exposed thousands of people to asbestos if they didn’t remove it from their products. Now, these people have the right to claim financial compensation. Many asbestos-related companies 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 put profits above the safety of their employees and consumers, producing dangerous products without warning of the risks. These companies are now facing the consequences of their carelessness. People who have suffered from asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. Our lawyers have more than 25 years of experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolving more efficiently. Additionally, judges have established specialized procedures to evaluate and resolve asbestos settlement 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 declared bankruptcy, the caseload of this court has steadily increased. In order to ensure that the justice system is not overwhelmed and overwhelmed, the New York Supreme Court has ordered the creation of an extra 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 evaluate the merits of each case to determine the amount a plaintiff should be awarded.
The panel is currently looking into more than 3500 lawsuits. The panel is expected make a final decision by the end of this year.
New York asbestos lawsuits can be complicated and can involve several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated cases. They are familiar with the asbestos compensation courts of New York as well as their rules, regulations and policies in addition to 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, representing clients nationwide in multi-district litigation that is complex and complex. In this capacity, attorneys develop strategies, coordinate and manage local and regional counsel, and ensure cost-effective, consistent defenses for each client. They have worked closely in the past 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 way to defend a client against a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors and property owners in matters involving claims of mesothelioma and lung cancer and other asbestos-related diseases. The firm also assists clients to create internal programs to identify and addressing potential safety and liability concerns.
Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation, is also the national Coordinating Counsel. In this role the firm formulates strategies for litigation, oversees local and regional counsel, and provides a cost-effective and consistent defense that is in sync with client goals. It also plays a major part in the administration and management of asbestos dockets, as well in negotiations with plaintiffs’ lawyers and coordinating discovery for its client.
The firm’s attorneys have a wealth of trial and appellate experience, defending clients against claims by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are acquainted with the complex science that is associated with these cases, as well as the unique legal issues that arise when representing companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as lead trial counsel in asbestos and personal injury lawsuits involving product liability, and in consolidated cases that involve multiple plaintiffs. She has substantial experience litigating asbestos-related cases before federal and state courts as well as before a variety of supreme and appellate court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential information about the claimants. The files contained medical reports, work histories, and an inventory of asbestos-related products that plaintiffs used or worked near. Vogel was required to have an account password to access the files. She was then able to review any SEAR forms that she received from 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 firm collaborates with lawyers representing plaintiffs in the development and execution of settlement agreements. It also has extensive experience in defending businesses against appeals.