An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can protect the financial security of those who have been injured by exposure to this toxic mineral. Compensation may cover medical costs, funeral and burial expenses as well as pain and suffering and the loss of quality of life.
Our attorneys are involved in the mass litigation of toxic torts on a regional, national and local level. As our lawyers are well-versed with the specific issues and the complex science that go along asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can cause severe medical conditions, such as mesothelioma. A New York asbestos attorney is skilled in handling lawsuits seeking financial compensation for victims of asbestos exposure and their families. These cases can be a bit complicated and therefore it is essential to have a mesothelioma attorney on your side.
New York has had a long history with asbestos litigation, and many residents were exposed to the dangerous material. In recent times there have been more lawsuits against former asbestos producers than ever 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 were aware of the dangers that asbestos posed but did not take the time to warn employees and consumers.
The New York City area is particularly susceptible to asbestos-related ailments due to its old structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the community surrounding it.
Many workers were exposed asbestos in their work environments. However, some people are diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses who wear husband's clothes to work and come into contact with asbestos dust frequently.
The
mesothelioma litigation can be costly for defendants, particularly when they are mistakenly identified as defendants. According to a study, more that 3,600 claims have been filed in New York courts since 2014 and the number is expected to rise further. This niche litigation is often supported by
asbestos claim law firms, which advertise on television during the day and encourage victims to file claims with the promise of large settlements.
The defendants could be able to reduce some of the costs of these cases by arguing their policy periods are expired or that they are only responsible for a small portion of the claim value. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure occurs in and out of the insurance company's policy.
asbestos compensation-Related Illnesses
A variety of asbestos-related illnesses can develop due to exposure to the harmful mineral. The mesothelioma condition is the most severe. Mesothelioma has caused the death of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos fibers which accumulate in the lungs and irritate the lining of the ribcage, chest cavity and abdominal cavity (the pleura). Inhaling these tiny fibers can cause scarring of the lungs called asbestosis, and occasionally, the formation of thickened patches on the pleura, known as pleural plaques or the more widespread fibrosis of the pleura, referred to as diffused pleural fibrisis. Pleural plaques or diffuse fibrosis may decrease lung capacity, as measured by a breath test. They can also cause pain and difficulty in breathing, however they are not the cause of cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases don't show up until decades after the initial exposure. It can take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. The people at risk of developing mesothelioma or any other asbestos-related ailments include those who handled, washed and removed asbestos-containing materials from the workplace and spouses and children of those exposed to asbestos.
Other asbestos-related diseases, in addition to mesothelioma include laryngeal carcinoma and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most fatal form of mesothelioma is called ovarian cancer, but it's much less prevalent than mesothelioma in general. It is diagnosed later than other mesothelioma types, because it is found in the linings of reproductive organs. The symptoms may be similar to other diseases.
Many companies used asbestos in the 20th century, however they were aware that it was dangerous. They exposed thousands of people to asbestos if they failed to remove asbestos from their products. The affected people are now able to claim financial compensation. A lot of asbestos-related manufacturers have declared bankruptcy. The victims are now able to claim compensation from the trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the security of their employees and consumers, producing dangerous products without warning of the dangers. These companies are now facing the consequences of their inattention. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full settlement.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our lawyers have more than 25 years experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and seek the highest amount of compensation for our clients.
Many states have established special asbestos courts, where claims can be filed more efficiently. Judges have also developed specialized procedures to evaluate and resolve asbestos-related cases.
New York is one such state, with its own asbestos court known as NYCAL. The caseload in this specialty court has increased steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. In order to ensure that the justice system is not overwhelmed the New York Supreme Court has created a special judicial panel to supervise NYCAL.
A panel of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also evaluate the merits of each claim to determine how much the plaintiff is entitled to.
Currently, the panel is looking into more than 3500 lawsuits. The panel is expected to issue its final decision before the end of this year.
New York asbestos lawsuits are typically complex and often involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience with 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 also has vast experience in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this role lawyers devise strategies, oversee regional and local counsel, and ensure that they are able to provide consistent and efficient defenses for clients. They have worked closely in the past with trial judges, coordination judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is best to defend the client against a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and owners of premises on matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm also assists clients to create internal programs for identifying and addressing any risks to safety and liability.
In addition to its asbestos practice in the national level, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role Bowles Rice formulates litigation strategies and manages regional and local counsel to ensure a uniform and cost-effective defense in accordance with the client's needs. It also plays a major role in the administration and management of asbestos dockets as well as negotiations with plaintiffs' lawyers and leading discovery for its client.
The attorneys of the firm have extensive trial and appellate experience in defending clients against claims made by injured claimants, which includes those who claim mesothelioma and other asbestos-related diseases.
asbestos legal defense attorneys are acquainted with the complex science that is associated 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 numerous manufacturers in asbestos and products liability personal injury cases, representing them as the lead counsel in consolidated trials involving a variety of plaintiffs. She has a wealth of experience litigating asbestos-related lawsuits in federal and state courts, as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about plaintiffs, including 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 at her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in trial and appellate work, is widely acclaimed for its ability to negotiate settlements for clients. In this capacity, the company works closely with lawyers representing plaintiffs in the creation and implementation of settlement agreements. It also has a vast experience in defending companies against appeals.
