An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense attorney can help protect the financial security of those who have been harmed by exposure to this toxic mineral. Compensation can cover medical expenses funeral and burial expenses, pain and suffering, and lost quality of life.
Our lawyers are local, regional, and national counsel in large toxic tort litigation. This means that we are familiarized with the unique issues and complex scientific aspects that are associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a dangerous fiber that can cause various serious medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in handling lawsuits seeking the financial compensation of those affected by asbestos exposure and their families. These cases can be complicated and it's crucial to have a mesothelioma attorney on 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 compensation producers than ever before. These cases result from the recognition of a connection between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. These companies knew of the dangers associated with this asbestos-containing mineral, yet they failed to warn their employees and consumers.
The New York City area is particularly susceptible to asbestos-related ailments due to its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community around it.
Mesothelioma is caused by exposure to asbestos in direct contact and many workers were exposed to it at work. However, people also get diagnosed with mesothelioma following secondhand exposure to the harmful substances. This includes spouses of asbestos-exposure workers who were wearing their husband's work clothes and came in contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is particularly relevant if they've been incorrectly identified as defendants. According to a study, more that 3,600 lawsuits 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 advertise on daytime television and encourage victims to file claims with the promise of huge settlements.
The defendants may be able lower some of the costs associated with these cases by asserting that their policy periods have expired or they are only accountable for a small percentage of the total value of the claim. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure is in and out of the policy period of the insurer.
Asbestos-related diseases
Exposure to asbestos can lead to many different illnesses. The most serious condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and pleural effusion.
Mesothelioma is a rare but fatal illness that is caused by asbestos fibers that collect in the lung. They then cause irritation to the linings of the ribcage (the the pleura) as well as the chest cavity and abdominal cavity. The inhalation of these small fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the development of thickened patches on the pleura called pleural plaques or an enlargement of fibrosis in the pleura known as diffused fibrisis. Pleural plaques and diffused fibrisis reduce lung capacity as determined by breathing tests. They can also cause pain and difficulty in breathing, but they don't cause cancer or mesothelioma.
Most of the time, symptoms of asbestos-related illnesses don't appear until decades after the initial exposure. This is because it could take between 20 to 50 years for inhalation of asbestos-containing fibers to damage the lungs. Workers who handled, cleaned, and removed asbestos from the workplace and their spouses, children, and others exposed to asbestos are at risk for developing mesothelioma.
In addition to mesothelioma, other asbestos-related diseases include laryngeal cancer, lung cancer, peritoneal mesothelioma and mesothelioma of the ovary. The most fatal form of mesothelioma is ovarian cancer, however it is less common than the general mesothelioma. It is typically 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 those of other diseases.
Many companies employed asbestos in the 20th century, but they were aware that it was a risk. They exposed thousands of people to asbestos if they didn't eliminate it from their products. They can now claim financial compensation. Many asbestos settlement-related manufacturers are bankrupt. As a result, the victims are able to seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have placed profits over the safety of their employees and consumers by producing dangerous products, without warning of the risks. They are now paying for their inattention to. People who's lives have been affected by mesothelioma, cancer of the lung and other asbestos-related illnesses are seeking full and fair 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 work to hold corporations accountable and obtain the highest amount of compensation for their clients.
Many states have created asbestos courts with specialization, where claims can be filed more efficiently. Additionally judges have created special procedures for evaluating and resolving asbestos cases.
New York, a state with 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 and have been unable to pay, the workload of this court has steadily increased. The New York Supreme Court created an additional judicial board that will oversee NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review every case in NYCAL to determine whether to accept or reject it. Judges will also evaluate the merits of each case to decide how much money a plaintiff should receive.
At present, the panel is looking into more than 3500 lawsuits. The panel is expected make a final decision at the end of this year.
New York asbestos lawsuits can be complicated and can involve multiple defendants. Belluck & Fox's lawyers have extensive experience in litigating these complex cases. They are well-versed in 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 serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in multi-district, complex litigation. In this role, attorneys create strategies, coordinate and oversee regional and local counsel, and ensure cost-effective and consistent defenses for every client. They have worked closely with trial and coordination judges and special masters of litigation in the various jurisdictions where they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is most effective 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 in matters involving claims of mesothelioma and lung cancer and other asbestos-related diseases. The firm also works with clients to create internal programs to identify and addressing any safety and liability concerns.
In addition to its national asbestos practice, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this capacity the firm designs litigation strategies, manages local and regional counsel, and achieves consistent and cost-effective defense in coordination with client goals. It also plays a major part in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' lawyers and coordinating discovery for its client.
The firm's lawyers are skilled in defending clients from mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the complex science associated with these cases, and the unique legal issues that arise when defending companies in state and federal courts across the United States.
Catherine has represented a variety of manufacturers as lead trial counsel in asbestos and personal injury lawsuits involving product liability, and in cases that have been consolidated involving multiple plaintiffs. She has substantial experience litigating asbestos-related cases in federal and state courts and before a variety of supreme and appellate courts.
While at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential information about the plaintiffs. These included medical reports, work histories, and the list of asbestos-related products that plaintiffs worked with or near. Vogel was required to use a password to access these files, and she could also go through the SEAR forms of any case with 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 negotiate settlements for clients. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. It also has extensive experience in defending businesses from appeals.