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 harmed by exposure to this toxic mineral. Compensation can cover medical costs funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local scale. As our lawyers are well-versed with the unique issues and complex science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can cause various serious medical conditions, including mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits which seek financial compensation for the victims and their families who have been exposed to this harmful substance. These cases can be complicated and therefore it is essential to have a mesothelioma attorney 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 filed against asbestos producers in the past than ever before. These cases arise out of the realization that asbestos can cause illnesses like mesothelioma attorneys and lung cancer. These companies were aware of the dangers associated with this dangerous mineral, but they did not warn their employees and consumers.
The New York City area is particularly prone to asbestos-related diseases due to its old structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to have an impact on the surrounding community.
Many workers were exposed to asbestos at work. However, people also get diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This includes spouses who wear husband’s clothing at work and come in contact with asbestos dust frequently.
Litigation involving mesothelioma is expensive for defendants. This is particularly the case if they were wrongly named as defendants. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014, and the number could increase further. This type of litigation is typically fueled by specialized asbestos law firms that advertise on daytime television and encourage victims to file claims with the promise of huge settlements.
Defendants may be able to mitigate some of the costs associated with these cases by arguing that their policy periods expire or they are only responsible for a tiny percentage of the total value of the claim. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure occurs within and outside the policy period of the insurer.
Asbestos-Related Diseases
A wide range of asbestos-related illnesses can be triggered due to exposure to the toxic mineral. The most serious of these is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma, a rare, but fatal disease, is caused by asbestos fibers that are found in the lungs. They then irritate the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. The inhalation of these small fibers can cause scarring of the lungs, a condition known as asbestosis and, sometimes, the formation of thickened patches on the pleura called pleural plaques or a more widespread fibrosis of the pleura, referred to as diffused pleural fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They can also cause pain and discomfort in breathing, however they do not lead mesothelioma or cancer.
Most of the time, symptoms of asbestos-related diseases do not appear until decades after the initial exposure. This is because it could take between 20 to 50 years for the inhalation of asbestos fibers to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces and their spouses, children and other people who are exposed to asbestos are at risk of developing mesothelioma.
As well as mesothelioma lawsuits, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and mesothelioma lawsuits of the ovary. The most fatal form of mesothelioma is called ovarian cancer, but it’s less frequent than the general mesothelioma. It is often diagnosed later than other kinds of mesothelioma because it is a cancer that develops in the tissue of the reproductive organs and symptoms can be similar to those of other diseases.
A number of companies used asbestos in the 20th century. They were aware that it was hazardous. They exposed thousands of people to asbestos because they didn’t eliminate asbestos from their products. They can now sue for financial compensation. Many asbestos-related companies are bankrupt. The victims can now seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the security of their employees and consumers, manufacturing hazardous products without warning of the risks. These companies are now paying for their inattention to. People who’s lives have been affected by mesothelioma, lung cancer and other asbestos-related illnesses are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to secure maximum compensation for our clients.
A number of states have set up special asbestos courts, where claims can be filed more efficiently. Judges have also created special procedures to review and resolve these cases.
New York, a state with its own asbestos court (known as NYCAL), is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants that have declared bankruptcy the number of cases that have come through this special court has steadily increased. The New York Supreme Court created an extra judicial board to supervise NYCAL to stop the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review every case in NYCAL to decide whether or not to take it up with it. Judges will also consider the merits of each claim to determine how much amount of money each plaintiff should receive.
The panel is currently reviewing more than 3,500 lawsuits. The panel is expected to issue its final decision before the end this year.
New York asbestos lawsuits are often complex and involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex matters. They are familiar with 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 extensive experience as National Coordinating Counsel in asbestos litigation, representing clients across the country in complex, multi-district litigation. In this capacity lawyers formulate strategies, oversee local and regional counsel and ensure consistent and efficient defenses for clients. They have collaborated closely with trial and coordination judges and special masters of litigation in the 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 in a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors, and premises owners in cases involving claims for mesothelioma, lung cancer and other asbestos-related illnesses. The firm also assists clients to develop internal programs for identifying and addressing any risks to safety and liability.
Bowles Rice In addition to its national asbestos practice and multi-state asbestos litigation is also the national Coordinating Counsel. In this capacity, Bowles Rice develops litigation strategies and manages local and region counsel to achieve a consistent and cost-effective defense in accordance with the client’s needs. It also plays a significant part in the administration and management of asbestos dockets as well as negotiations with plaintiffs’ attorneys and coordinating discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience, defending clients from claims brought by injured claimants, including those who claim mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science involved in these cases, as and particular legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has represented numerous manufacturers as lead trial counsel in asbestos and personal injury lawsuits related to product liability as well as in cases that have been consolidated involving multiple plaintiffs. She has substantial experience litigating asbestos-related cases before federal and state courts, as well as before various appellate and supreme court bodies.
While at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about the plaintiffs, including medical reports, work history and an inventory of asbestos-related products that plaintiffs worked with or around. Vogel was required to use an account password to access the files and was able to go through the SEAR forms of any case with her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in appellate and trial work, is nationally recognized for its ability to negotiate settlements for its clients. In this capacity, the firm collaborates closely with plaintiffs’ lawyers in the development and execution of settlement agreements. It also has extensive experience in defending businesses against appeals.
