An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can help protect the financial security of those who have been injured through exposure to this dangerous mineral. Compensation can cover medical expenses, funeral and burial costs, loss of quality of life, and suffering and pain.
Our lawyers are national, regional and local counsel in mass toxic tort litigation. As such, we are familiar with the particular issues and complicated science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can lead to numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek compensation for victims and their families for exposure to this harmful substance. These cases can be complex and it is crucial to have an experienced mesothelioma law firm by 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 former asbestos producers than ever before. These cases arise out of the realization that asbestos is linked to illnesses such as mesothelioma or lung cancer. The companies were aware of asbestos' dangers but did not take the time to warn employees and consumers.
New York City is especially susceptible to illnesses caused by asbestos due to its older structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to impact on the surrounding community.
Many workers were exposed to
asbestos lawsuit in their work environments. Exposure to asbestos from the outside can result in mesothelioma. This includes spouses who wear husband's clothing at work and come in contact with asbestos dust regularly.
The mesothelioma litigation can be expensive for defendants, especially if they are wrongfully 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 is expected to increase further. This kind of litigation is usually fueled by specialized
asbestos law firms that advertise on daytime TV and entice victims to file claims with the promise of large 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 for only for a small proportion of the value of the claim. New York law does not provide a definitive rule on how to divide liability when the alleged risk is within and part outside of the insurer's policies.
Asbestos-Related Illnesses
Exposure to asbestos can lead to various ailments. The mesothelioma disease is the most serious. Many people have died due to mesothelioma. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal disease caused by exposure to asbestos fibers that collect in the lungs, and can cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the the pleura). Inhaling these fibers can lead to scarring in the lungs, called asbestosis. It can also cause thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques or diffuse fibrosis can reduce lung capacity as determined by a breathing test. They can also cause pain and discomfort in breathing, but they don't cause cancer or mesothelioma.
Most of the time, symptoms of asbestos-related diseases don't show up until decades after the initial exposure. It could take up to 50 years for asbestos fibers inhaled to cause lung damage. People at risk of developing mesothelioma or any other asbestos-related diseases include those who handled, cleaned and removed
asbestos compensation-containing materials from the workplace, as well as spouses and children of those exposed to asbestos.
Other asbestos-related illnesses, in addition to mesothelioma include laryngeal carcinoma and lung cancer and peritoneal, ovarian and peritoneal cancer. The most dangerous mesothelioma type is ovarian cancer, but it's less common than the general mesothelioma. It is often diagnosed later than other forms of mesothelioma due to the fact that it develops in the tissue of the reproductive organs, and symptoms can be similar to symptoms of other diseases.
Many companies employed asbestos during the 20th century. They were aware that it was dangerous. When they failed to remove asbestos from their products, thousands of people were exposed. These people can now sue for 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 set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have put profits ahead of the safety of their employees and consumers, manufacturing hazardous products without warning of the dangers. These companies are now confronting the consequences of their negligence. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to secure the maximum amount of compensation for our clients.
Many states have set up special asbestos courts in which claims can be filed and resolving more efficiently. Additionally judges have developed specialized procedures to evaluate and resolve asbestos cases.
New York, a state that has 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 gone bankrupt, the caseload of the court has steadily increased. To ensure that the justice system does not get overloaded the New York Supreme Court has created 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 take it up with it. Judges will also evaluate the merits of every claim to determine the amount of money each plaintiff should receive.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected issue its final ruling at the end of this year.
New York asbestos lawsuits are typically complex and often include allegations of multiple defendants. Belluck and Fox's lawyers have vast experience in litigating these complex cases. They are well-versed in New York's asbestos courts as well as their rules and regulations in addition to other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, lawyers develop strategies, manage local and regional counsel, and ensure consistent and efficient defenses for clients. They have worked closely in the past with trial judges, coordinating judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine what strategy is best to defend the client in a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers, distributors, contractors and property owners in matters involving claims of mesothelioma, lung cancer and other asbestos-related diseases. The firm works with clients on developing internal programs to identify and deal with potential liability and safety concerns.
In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state
asbestos litigation. In this role Bowles Rice devises litigation strategies and manages local and region counsel to achieve a consistent and cost-effective defense in accordance with the client's objectives. Additionally, it plays a key part in the administration of asbestos dockets and negotiations with plaintiffs' counsel and leads discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience defending clients from claims brought by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science associated with these cases, as well as the particular legal issues that arise when defending businesses in state and federal courts across the United States.
Catherine has represented numerous manufacturers as the lead counsel in asbestos and personal injury lawsuits related to product liability, and in cases that have been consolidated involving multiple plaintiffs. She has extensive experience litigating asbestos-related lawsuits in the state and federal courts, as well as a variety of appellate and Supreme Court bodies.
During her tenure at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about claimants, such as medical reports, work history and the list of asbestos-related products that the plaintiff worked with or around. Vogel was required to have a password in order to access the files. Then, she could look over any SEAR forms provided by 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 works closely with plaintiffs' lawyers in the creation and implementation of settlement agreements. It also has a vast experience in defending companies against appeals.
