An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A defense attorney for asbestos can help protect those whose financial security has been affected by exposure to the toxic mineral. Compensation could cover medical expenses, funeral and burial costs, lost quality of life, as well as pain and suffering.
Our attorneys serve as national, regional and local counsel in large toxic tort litigation. We are familiarized with the unique issues and complex aspects of science associated with asbestos cases.
New York
asbestos legal Lawsuits
Asbestos fibers can be deadly and can trigger serious medical conditions, such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits which seek compensation for victims and their families for exposure to this harmful substance. These cases can be complicated, and it is critical to have a reputable mesothelioma law firm by your side.
New York has a long history of
asbestos litigation and many residents have been exposed to this hazardous material. In recent years there have been more lawsuits against former asbestos manufacturers than ever before. These cases are a result of the realization that asbestos is associated with illnesses such as mesothelioma or lung cancer. These companies were aware the dangers that asbestos posed however, they failed to inform the employees and the public.
The New York City area is particularly susceptible to
asbestos-related illnesses because of its older structures and numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues to impact the surrounding community.
Mesothelioma is caused by direct exposure to asbestos, and many workers were exposed to asbestos at work. Exposure to asbestos from the outside can result in mesothelioma. This includes spouses of asbestos-exposed workers who had their husbands' work clothes and came into contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is especially relevant if they've been incorrectly identified as defendants. According to a study, more than 3,600 claims have been filed in New York courts since 2014 and the number is expected to rise further. This type of litigation is typically supported by asbestos law firms that promote on daytime television and encourage victims to file claims with the promise of substantial 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 a small percentage of the value of the claim. New York law does not have a specific rule for how to allocate the liability if the alleged exposure is part within and part outside of the insurer's policies.
Asbestos-related Illnesses
A wide range of asbestos-related diseases can develop due to exposure to the mineral that causes cancer. The condition known as mesothelioma is the most serious. Many have died from mesothelioma. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare but fatal disease caused by exposure to asbestos fibers which accumulate in the lungs, and can cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the pleura). The inhalation of these tiny fibers can cause scarring to the lungs known as asbestosis and sometimes the development of thickened patches on the pleura called plaques of pleura or an enlargement of fibrosis in the pleura called diffused pleural fibrisis. Pleural plaques or diffuse fibrosis may decrease lung capacity, as measured by breathing test. They can also cause pain and discomfort in breathing, but they don't cause cancer or mesothelioma.
Symptoms of asbestos-related disease often are not evident until years after exposure. It can take as long as 50 years for asbestos-related fibers to be inhaled to cause lung damage. People who are at risk of developing mesothelioma or other asbestos-related conditions include workers who handled, laundered, and removed these materials from their workplaces, as well as spouses and children of those exposed to asbestos.
As well as mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma ovarian. Ovarian cancer is the deadliest mesothelioma that women suffer from however it is much less common than mesothelioma general. It is typically diagnosed later than other forms of mesothelioma due to the fact that it is a cancer that develops in the tissues of the reproductive organs, and symptoms can be similar to those of other illnesses.
A number of companies employed asbestos in the 20th century, but they knew that it was dangerous. They exposed thousands of people to asbestos because they didn't eliminate it from their products. The affected people are now able to seek financial compensation. Many asbestos-related companies have declared bankruptcy. As a result, the victims are able to seek the compensation they deserve from the trust funds set up by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the safety of their employees and consumers, producing dangerous products without warning of the dangers. These companies are now confronting the consequences of their carelessness. People who have suffered from asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete settlement.
The attorneys at Belluck & Fox are dedicated to assisting families and individuals get the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold large corporations accountable and seek the highest amount of compensation for their clients.
A number of states have set up asbestos courts with specialization, where claims can be filed more efficiently. Additionally, judges have established specialized procedures to evaluate and resolve asbestos 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 compensation defendants that have been bankrupt and have been unable to pay, the workload of this court has been steadily increasing. The New York Supreme Court created a special judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court judges will review each case in NYCAL to determine whether to accept or reject it. Judges will also consider the merits of every claim to determine the amount of the plaintiff's compensation should be.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to make a final decision before the end of the year.
New York asbestos lawsuits can be complex and can involve multiple defendants. Belluck & Fox's lawyers have extensive experience in the litigation of these difficult matters. They are knowledgeable of the asbestos courts in New York, including their rules and regulations 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 across the country in complex, multi-district litigation. In this capacity lawyers formulate strategies, oversee local and regional counsel, and ensure that they are able to provide consistent and efficient defenses for clients. They have worked closely with coordinating and trial judges and litigation special masters in the various jurisdictions where they have been involved in
asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is the best way to defend the client from an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises suppliers, manufacturers, contractors, distributors and premises owners on matters that involve mesothelioma claims, lung cancer and other asbestos-related diseases. The firm also works with clients to develop internal programs for identifying and addressing potential safety and liability concerns.
In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity Bowles Rice formulates litigation strategies and oversees local and region counsel to achieve a consistent and cost-effective defense that is in line with the client's objectives. Additionally it plays an important role in the administration of asbestos dockets and negotiations with plaintiffs' counsel and lead discovery for its clients.
The firm's attorneys have extensive trial and appellate experience in defending clients against claims by injured claimants, which includes those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are acquainted with the complex research and technology involved in these cases as and unique legal issues that arise when defending companies before federal and state courts across the United States.
Catherine has represented numerous manufacturers in asbestos and products liability personal injury cases, representing them as lead trial counsel and in consolidated trials involving multiple plaintiffs. She has extensive experience in arguing asbestos-related cases in state and federal courts and before a variety of supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those for respondents to the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Evaluative reports that are encapsulated) which contained confidential information about the plaintiffs. These included medical reports and work histories, as well as an inventory of asbestos-related products that plaintiffs worked with or near. Vogel had to have access to a password to access the files. She was then able to look over any SEAR forms that she received from her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is recognized nationally for its ability to successfully negotiate settlements for its clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. The firm also has extensive experience in defending businesses against appeals.
