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 affected by exposure to this toxic mineral. Compensation can cover medical expenses funeral and burial costs, lost quality of life, as well as pain and suffering.
Our lawyers are local, regional, and national counsel in massive toxic tort litigation. As such, we are familiar with the specific issues and the complex science that go along asbestos cases.
New York
asbestos legal Lawsuits
Asbestos is a harmful fiber that can trigger numerous serious medical conditions, such as mesothelioma. A New York asbestos lawyer is adept at dealing with asbestos lawsuits, which seek financial compensation for victims and their families due to exposure to this toxic substance. These cases can be complex and therefore it is essential to have a reputable mesothelioma law firm by your side.
New York has had a long-running history of asbestos litigation. Many residents were exposed to this hazardous material. In recent years, there have been more lawsuits against asbestos producers from the past than before. These cases result from the recognition of a link between asbestos and diseases such as mesothelioma and lung cancer and asbestosis. These companies were aware asbestos' dangers, but failed to warn the employees and the public.
The New York City area is particularly susceptible to asbestos-related illnesses because of its older structures and a myriad of construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to affect the community around it.
Many workers were exposed asbestos in the workplace. In addition, exposure to asbestos through secondhand sources can result in mesothelioma. This includes spouses of asbestos-exposure workers who wore their husband's work clothes and came into contact with
asbestos attorney dust regularly.
The litigation associated with mesothelioma can be costly for defendants, especially if they are wrongfully named as a defendant. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This niche litigation is often fueled by specialized asbestos law firms that advertise on television during the day and encourage victims to file claims, with the promise of large settlements.
Defendants might be able to reduce some of the expenses arising from these cases by arguing that their policy periods have expired or they are only responsible for a small percentage of the total amount of the claim. However, New York law has not set out a clear policy on how to divide liabilities when the alleged exposure occurs partly outside of the insurer's policy periods.
Asbestos-Related Diseases
A myriad of asbestos-related illnesses can be triggered due to exposure to the toxic mineral. The most serious of these is mesothelioma. Many have died from mesothelioma. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and pleural effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness is caused by asbestos fibers that are found in the lung. They then cause irritation to the linings of the ribcage (the Pleura), chest cavity, and abdominal cavity. Inhaling these tiny fibers can cause scarring of the lungs, a condition known as asbestosis and, sometimes, the formation of thickened patches on the pleura called plaques of pleura or an enlargement of fibrosis in the pleura known as diffused fibrosis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as determined by a breathing test. They can also cause discomfort and breathing difficulties, though they do not cause mesothelioma or cancer.
Symptoms of asbestos-related disease often are not evident until years after the initial exposure. This is because it could take between 20 to 50 years for the inhalation of asbestos-containing fibers to cause lung damage. Workers who handled, cleaned, and removed asbestos from their workplaces and their children, spouses and other people who are exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related diseases apart from mesothelioma, include laryngeal carcinoma and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most deadly mesothelioma type is ovarian cancer, but it's less common than the general mesothelioma. It is often diagnosed later than other kinds of mesothelioma because it is a cancer that develops in the lining of the reproductive organs, and the symptoms can be similar to symptoms of other diseases.
Many companies employed asbestos during the 20th century. They were aware that it was hazardous. They exposed thousands of people to asbestos case (
click here to read) when they failed to remove asbestos from their products. These people can now claim financial compensation. Many asbestos-related companies are bankrupt. As a result, the victims can seek the compensation they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit over the safety of their workers and customers for a long time, producing hazardous products without warning about the risks. These companies are now paying the price for their carelessness. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete compensation.
The lawyers at Belluck & Fox are dedicated to assisting families and individuals receive the justice they need. Our lawyers have over 25 years experience and have helped our clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and obtain the maximum amount of compensation for our clients.
A number of states have established special asbestos courts in which claims can be filed and resolving more efficiently. In addition judges have developed specialized procedures for evaluating and resolving such cases.
New York is one such state that has its own asbestos court, known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have gone bankrupt the number of cases that have come through the court has been steadily increasing. The New York Supreme Court created an additional judicial board that will supervise NYCAL to stop the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also assess the merits of each case to determine the amount a plaintiff should receive.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to issue its final decision by the end of this year.
New York asbestos lawsuits are often complex and include allegations of several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complicated issues. They are knowledgeable of the rules regulations, policies, and procedures 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 extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, lawyers develop strategies, oversee regional and local 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 which strategy is the best way to defend the client from a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels product manufacturers, suppliers contractors, distributors, contractors, and owners of premises on matters involving claims of mesothelioma and lung cancer and other asbestos-related illnesses. The firm collaborates with clients on developing internal programs to determine and resolve potential liability and safety issues.
Bowles Rice in addition to its asbestos practice across the country and multi-state
asbestos litigation serves as national Coordinating counsel. In this role Bowles Rice devises strategies for litigation and supervises local and region counsel to ensure a consistent and cost-effective defense in accordance with the client's needs. It also plays an important role in the administration and management of asbestos dockets as well in negotiations with plaintiffs' lawyers and leading discovery for its client.
The firm's lawyers have experience in defending clients from claims of mesothelioma and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the intricate science involved in these cases, as and specific legal issues that arise while representing companies in federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead counsel in asbestos and personal injury lawsuits involving product liability and in consolidated cases involving multiple plaintiffs. She has a wealth of experience litigating asbestos-related lawsuits in the federal and state courts, as well as various Supreme Court and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about plaintiffs, including medical reports, work history, and the list of asbestos-related products that the plaintiff worked with or around. Vogel required access to a password to access the files. She could then review any SEAR forms that she received from 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 its clients. The firm has worked closely with plaintiffs' lawyers to create and implement settlement agreements. The firm also has extensive experience in defending businesses against appeals.
