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 assist those who's financial security has been affected by exposure to the toxic mineral. Compensation can cover medical costs funeral and burial costs, loss of quality of life, and suffering and pain.
Our attorneys serve as local, regional, and national counsel in large toxic tort litigation. As a result, we are well-versed in the unique issues and the complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are deadly and can trigger serious medical conditions, such as mesothelioma. A New York asbestos attorney is adept at dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be extremely complex and therefore it is essential to have a reputable mesothelioma lawyer on your side.
New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous material. In recent times there have been more lawsuits against former asbestos producers than ever before. These cases are the result of the realization that asbestos can cause illnesses such as mesothelioma or lung cancer. These companies were aware asbestos' dangers however, they failed to inform employees and consumers.
The New York City area is particularly susceptible to asbestos-related ailments because of its older structures and numerous construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the surrounding community.
Many workers were exposed to asbestos in their work environments. However, people also get diagnosed with mesothelioma following exposure to harmful substances. This is especially true for spouses who wear husband's clothes to work and come into contact with asbestos dust frequently.
Mesothelioma-related litigation can be expensive for defendants. This is especially relevant if they've been wrongly identified as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could increase. This kind of litigation is usually fueled by specialized asbestos law firms that promote on television during the day and encourage victims to file claims, with the promise of large settlements.
The defendants might be able to reduce the cost of these cases by arguing that their policy periods are expired or that they only have to pay only for a small proportion of the claim value. However, New York law has not set out a clear policy on how to allocate liability when the alleged exposure occurs in and out of the insurance company's policy.
Asbestos-related diseases
A variety of asbestos-related illnesses can be triggered because of exposure to the toxic mineral. The mesothelioma disease is the most severe. Many have died from mesothelioma. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and pleural effusion.
Mesothelioma, a rare, but fatal illness is caused by asbestos fibers that accumulate in the lungs. They then cause irritation to the linings of the ribcage (the Pleura), chest cavity and abdominal cavity. The inhalation of these tiny fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the development of thickened patches on the pleura referred to as plaques of pleura or an enlargement of fibrosis in the pleura called diffused pleural fibrisis. Pleural plaques or diffuse fibrosis can reduce lung capacity as determined by a breathing test. They can also cause pain and difficulty breathing, though they do not lead to 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 children, spouses, and others exposed to asbestos are at risk for developing mesothelioma.
Other asbestos-related diseases in addition to mesothelioma include laryngeal cancer and lung cancer as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is among the most deadly form of mesothelioma for women however, it is much less common than mesothelioma in general. It is diagnosed later than most other types of mesothelioma because it is found in the linings of reproductive organs. Symptoms can be similar to other illnesses.
Many companies employed asbestos in the 20th century, but they were aware that it was a risk. If they didn't remove it from their products, thousands of people were exposed. These people can now sue for financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to claim compensation from the trust funds created by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos companies have placed profits over the safety of their employees as well as consumers, manufacturing hazardous products without warning of the risks. They are now facing the consequences of their inattention. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete settlement.
The lawyers at Belluck & Fox are dedicated to helping families and individuals get the justice they deserve. With more than 25 years of experience in the field, we have secured a million of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold corporations accountable and to secure the maximum amount of compensation for our clients.
A number of states have set up asbestos courts that are specifically designed so that claims can be filed more efficiently. Judges have also created specialized procedures to evaluate and resolve asbestos-related 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 defendants that have been 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 supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel comprised of six Supreme Court Judges will review each case to determine if it should be accepted or rejected. Judges will also assess the merits of each case to determine how much a plaintiff should be awarded.
Currently, the panel is studying more than 3,500 lawsuits. The panel is expected to issue its final ruling before the end of the year.
New York asbestos lawsuits are usually complex and involve multiple defendants. Belluck and Fox's lawyers have vast experience in the litigation of these difficult matters. They are knowledgeable of New York's asbestos courts, including their rules and regulations and 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 capacity, attorneys create strategies, coordinate and oversee local and regional counsel, and ensure cost-effective and consistent defenses for each client. They have collaborated closely with coordinating and trial judges and litigation special masters in various jurisdictions in which they have been involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is most effective to defend the client from a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and property owners in cases involving claims for mesothelioma, lung cancer and other asbestos-related illnesses. The firm works with clients in the development of internal programs to deal with potential liability and safety issues.
Bowles Rice, in addition to its asbestos practice in the national level and multi-state asbestos litigation is also the national Coordinating counsel. In this role Bowles Rice devises strategies for litigation and supervises local and region counsel to ensure a uniform and cost-effective defense that is in line with the client's goals. It also plays an important role in the administration and management of Asbestos attorney dockets, as well in negotiations with plaintiffs' attorneys and coordinating discovery for its clients.
The firm's lawyers have experience in defending clients against mesothelioma-related claims and other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science that is associated with these cases, and the particular legal issues that arise when representing companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers in asbestos and products liability personal injury cases, representing them as the lead trial counsel in consolidated trials that involved multiple claimants. She has a wealth of experience litigating asbestos-related lawsuits in the federal and state courts as well as various 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 cases files included SEAR forms (Short Evaluative reports that are encapsulated) that contained confidential information about the plaintiffs. The files contained medical reports and work histories, as well as the list of asbestos-related products that plaintiffs worked with or near. Vogel was required to have access to the files and was able to go through the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to its vast experience in appellate and trial work, is nationally recognized for its ability to reach settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. It also has extensive experience defending businesses against appeals.