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 through exposure to this dangerous mineral. Compensation can cover medical costs funeral and burial expenses as well as pain and suffering and lost quality of life.
Our lawyers are involved in mass toxic tort litigation at a national, regional and local scale. This means that we are well-versed in the unique issues and complex aspects of science that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can cause serious medical conditions such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek financial compensation for the victims and their families for exposure 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 had a long history of asbestos litigation. Many residents were exposed to the dangerous substance. In recent years, there have been more lawsuits against former asbestos producers than ever before. These cases stem from the recognition of a connection between asbestos and certain diseases such as mesothelioma attorneys, lung cancer and asbestosis. These companies were aware asbestos’s dangers however, they failed to inform the employees and the public.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the surrounding community.
Mesothelioma is triggered by exposure to asbestos in direct contact, and many workers were exposed to it in the workplace. However, some people are diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This includes spouses who wear their husband’s clothing at work and come in contact with asbestos dust on a regular basis.
The mesothelioma lawsuit can be expensive for defendants, particularly when they are incorrectly named as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. Specialized asbestos law firms typically advertise on television during the day and encourage victims to file claims under the premise that they will receive substantial 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 amount of the claim. New York law does not have a specific rule for how to distribute the liability if the alleged exposure is of the insurance policies.
Asbestos-related Diseases
A wide range of asbestos-related diseases can develop due to exposure to the mineral that causes cancer. The most serious of these is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma, a rare, but fatal condition, is caused by asbestos fibers that collect in the lungs. They then cause irritation to the linings of the ribcage (the Pleura) as well as the chest cavity and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs. This is called asbestosis. It can also cause thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause discomfort and breathing difficulties, though they do not lead to cancer or mesothelioma.
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 exposure to asbestos fibers to damage the lungs. People at risk of developing mesothelioma or any other asbestos-related diseases include those who handled, cleaned, and removed these materials from the workplace, as well as spouses and children of asbestos-related exposure.
Other asbestos-related diseases apart from mesothelioma, include laryngeal cancer and lung cancer and peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the deadliest form of mesothelioma for women, but it is less prevalent than mesothelioma in general. It is diagnosed later than most other mesothelioma types, because it is found in the linings of reproductive organs. Symptoms can be similar to those of other illnesses.
Several companies used asbestos during the 20th century. They knew it was a risk. They exposed thousands of people to asbestos if they didn’t eliminate asbestos from their products. The affected people are now able to sue for financial compensation. Many asbestos-related companies have gone bankrupt. In the aftermath, victims are able to seek the compensation they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have placed profits over the security of their employees and consumers, producing dangerous products without warning of the dangers. These companies are now facing the consequences of their carelessness. People who have suffered from asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and full compensation.
The attorneys at Belluck & Fox are dedicated to helping individuals and families receive the justice they need. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys (More Help) work to hold corporations accountable and obtain maximum compensation for clients.
Many states have established special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also developed specific procedures to assess and resolve these cases.
New York, a state with its own asbestos court (known as NYCAL) is one of the states. The number of cases in this court has increased steadily, as increasing numbers of asbestos victims seek compensation from solvent asbestos defendants who went bankrupt. The New York Supreme Court created a special 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 accept it. Judges will also consider the merits of every claim to determine the amount of money each plaintiff should receive.
Currently, the panel is looking into more than 3500 lawsuits. The panel is expected to issue its final decision by the end of the year.
New York asbestos lawsuits are usually complex and involve multiple defendants. Belluck and Fox’s lawyers have a wealth of experience in the litigation of these difficult issues. They are well-versed in the rules regulations, rules, 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 vast experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in complex, multi-district litigation. In this capacity, lawyers develop strategies, coordinate and oversee regional and local counsel and ensure cost-effective, consistent defenses for every client. They have collaborated closely with coordinating and trial judges and special masters of litigation in various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is best to defend the client in a personal injury claim involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and property owners in cases involving claims for mesothelioma, lung cancer and other asbestos-related diseases. The firm also assists clients to create internal programs for identifying and addressing risks to safety and liability.
In addition to its asbestos practice across the nation, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm formulates strategies for litigation, oversees local and regional counsel, and provides a cost-effective and consistent defense, in line with client objectives. Additionally it plays a crucial role in the administration of asbestos dockets and negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm’s lawyers are skilled in defending clients from claims of mesothelioma and other asbestos-related illnesses. Asbestos defense attorneys are acquainted with the complex science associated with these cases, and the unique legal issues that arise when 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 as well as in consolidated cases involving multiple plaintiffs. She has extensive experience in arguing asbestos-related lawsuits before the state and federal courts as well as various Supreme Court and appellate bodies.
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 Encapsulated), which contained confidential information about the plaintiffs. This included medical reports, work histories, and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to have a password to access the files and was able to look over the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to its extensive experience in appellate and trial work, is recognized nationally for its ability to successfully reach settlements on behalf of its clients. In this capacity, the company works closely with the lawyers of plaintiffs in the creation and implementation of settlement agreements. It also has extensive experience defending companies against appeals.
