An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can help protect the financial security of those who have been injured through exposure to this dangerous mineral. Compensation can cover medical costs funeral and burial costs, pain and suffering, and lost quality of life.
Our attorneys are involved in mass toxic tort litigation at a national, regional and local level. As such, we are familiar with the specific issues and complicated science associated asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can cause a variety of severe medical conditions, such as mesothelioma. A New York asbestos attorney is skilled in dealing with lawsuits that seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complicated and therefore it is essential 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 material. In recent years there have been more lawsuits against former asbestos producers than ever before. These cases stem from the recognition of a link between asbestos and diseases such as mesothelioma, lung cancer, and asbestosis. The companies were aware of asbestos’s dangers however, they failed to inform the employees and the public.
New York City is especially susceptible to illnesses caused by asbestos because of its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the community around it.
Many workers were exposed asbestos at work. Exposure to asbestos from the outside can cause mesothelioma. This includes spouses who wear husband’s clothing to work and come into contact with asbestos dust frequently.
The mesothelioma lawsuit can be costly for defendants. This is especially true if they have been wrongly identified as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. Specialized asbestos law firms often advertise on daytime TV and encourage victims to file claims with the promise that they will receive significant settlements.
The defendants might be able to reduce the cost of these cases by arguing their policies are in a lapse or that they are only responsible for a small portion of the value of the claim. However, New York law has not provided a definitive rule regarding how to allocate liabilities when the alleged exposure occurs in and out of the policy period of the insurer.
Asbestos-related diseases
Exposure to asbestos can lead to various ailments. The condition known as mesothelioma is the most severe. Many people have died from mesothelioma. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and pleural effusion.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos fibers that accumulate in the lungs, and can cause irritation to the lining of the chest cavity, ribcage and abdominal cavity (the pleura). Inhaling these fibers can lead to scarring in the lungs. This is known as asbestosis. It can also cause thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as measured by a breath test. They can also cause breathing problems and pain however they do not cause mesothelioma or cancer.
Symptoms of asbestos-related disease often do not manifest until decades after initial exposure. It could take up to 50 years for asbestos fibers that are inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from their workplaces as well as spouses, children and others who were exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma, include laryngeal cancer and lung cancer as well as peritoneal, ovarian and peritoneal cancer. The most dangerous mesothelioma type is ovarian cancer, but it’s less prevalent than mesothelioma in general. It is diagnosed later than most other types of mesothelioma because it is found in the linings of the reproductive organs. The symptoms can be similar to other diseases.
A number of companies used asbestos in the 20th century. They knew it was hazardous. They exposed thousands of people to asbestos if they didn’t remove asbestos from their products. Now, those exposed are able to claim financial compensation. Many of the asbestos-related manufacturers have declared bankruptcy. In the aftermath, victims can seek the money they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their workers and customers for a long time making dangerous products, without warning of the dangers. These companies are now paying for their carelessness. People who have suffered from life-altering issues caused by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking fair and full settlement.
The lawyers at Belluck & Fox are dedicated to helping families and individuals receive the justice they need. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and to obtain the maximum amount of compensation for our clients.
Many states have established asbestos courts with specialization, where claims can be filed more efficiently. Judges have also created specific procedures to assess and resolve such cases.
New York, a state which has its own asbestos court (known as NYCAL) is one of the states. As asbestos victims continue to seek compensation from solvent asbestos legal defendants who have declared bankruptcy, the caseload of this special court has been steadily increasing. To ensure that the justice system is not overloaded and overwhelmed, the New York Supreme Court has established an extra judicial panel to supervise NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine whether it should be accepted or rejected. Judges will also consider the merits of every claim to determine how much money each plaintiff should receive.
The panel is currently studying more than 3,500 lawsuits. The panel is expected issue its final ruling at the end of this year.
New York asbestos lawsuits can be complicated and involve several defendants. Belluck and Fox’s lawyers have a wealth of experience in the litigation of these difficult matters. 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 where they have handled multidistrict 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 role, lawyers develop strategies, manage local and regional counsel, and ensure consistent and effective defenses for clients. They have collaborated closely with trial and coordination judges and litigation special masters in various jurisdictions in which they have been involved in asbestos litigation.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best approach to defend a client in an asbestos legal personal injury claim. The Bowles Rice Asbestos Team advises manufacturers, suppliers and distributors, contractors, and owners of premises on matters concerning mesothelioma-related claims, lung cancer, and other asbestos-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing any safety and liability concerns.
In addition to its asbestos practice across the nation, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role, Bowles Rice develops litigation strategies and oversees regional and local counsel to ensure a uniform and cost-effective defense in accordance with the client’s objectives. In addition it plays an important part in the administration of asbestos dockets, negotiations with counsel for plaintiffs and also leads discovery for its clients.
The attorneys of the firm have a wealth of trial and appellate experience defending clients against claims made by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science associated with these cases, as well as the particular legal issues that arise when representing companies before federal and state courts across the United States.
Catherine has represented numerous manufacturers as lead counsel in asbestos and product liability personal injury lawsuits, and in consolidated cases involving multiple claimants. She has extensive experience in arguing asbestos-related lawsuits before federal and state courts, as well as a variety of Supreme Court and appellate courts.
While at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information on the plaintiffs, including medical reports, a history of work and a list of asbestos products that plaintiffs worked with or around. Vogel had to have a password in order to access the files. She could then look over any SEAR forms provided by her current employer.
In addition to its extensive trial and appellate experience as well as its vast trial and appellate experience, the Bowles Rice Asbestos Team is acknowledged nationally for its ability to negotiate settlements on behalf of its clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. It also has a wealth of experience defending businesses against appeals.