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 harmed by exposure to this toxic mineral. Compensation could cover medical expenses funeral and burial costs, loss of quality of life, as well as pain and suffering.
Our attorneys are involved in mass toxic tort litigation on a national, regional and local scale. As our lawyers are well-versed with the specific issues and complex science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers are dangerous and can trigger serious medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in 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 mesothelioma expert law firm on your side.
New York has had a long-running history of asbestos litigation. Many residents were exposed to this hazardous material. In recent years, there have been more lawsuits against former asbestos producers than ever before. These cases are the result of the recognition that asbestos is associated with illnesses like mesothelioma and lung cancer. These companies were aware of asbestos's dangers but did not take the time to warn the employees and the public.
New York City is especially susceptible to diseases caused by asbestos due to its old structures and many construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community around it.
Mesothelioma is triggered by direct exposure to asbestos and many workers were exposed in the workplace. However, many people are diagnosed with mesothelioma as a result of exposure to harmful substances. This includes spouses who wear husband's clothing at work and come in contact with asbestos dust on a regular basis.
Mesothelioma-related litigation can be expensive for defendants. This is particularly the case if they were wrongly 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. The asbestos law firms that specialize in asbestos often advertise on television during the day and encourage victims to submit claims, promising they will receive significant settlements.
The defendants may be able reduce some of the expenses arising from these cases by arguing that their policy periods have expired or they are only responsible for a small percentage of the total amount of the claim. New York law does not provide a definitive rule on how to divide liability when the alleged exposure is part within and part outside of the insurer's policies.
Asbestos-Related Illnesses
A variety of asbestos-related diseases can develop due to exposure to the toxic mineral. The condition known as mesothelioma is the most serious. 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 disease caused by exposure to asbestos fibers that accumulate in the lungs and 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 occasionally, the formation of thickened patches on the pleura called plaques of pleura or a more widespread fibrosis of the pleura known as diffused fibrosis. Pleural plaques or diffuse fibrosis can decrease lung capacity, as determined by a breathing test. They can also cause pain and difficulties in breathing, but they do not lead cancer or mesothelioma.
The signs of asbestos-related illness typically don't manifest until decades after exposure. This is due to the fact that it can take between 20 to 50 years for inhalation of asbestos fibers to cause lung damage. The people at risk of developing mesothelioma or any other asbestos-related conditions include workers who handled, cleaned and removed asbestos-containing materials from their workplaces and their spouses and children of those who were exposed to asbestos.
Other asbestos-related diseases, apart from mesothelioma, include laryngeal carcinoma and lung cancer and peritoneal, ovarian and peritoneal cancer. The most deadly form of mesothelioma is called ovarian cancer, however it is less frequent than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it is found in the linings of reproductive organs. The symptoms can be similar to other diseases.
A number of companies used asbestos in the 20th century. They knew it was a risk. They exposed thousands of people to asbestos if they didn't remove asbestos from their products. These people now are able to claim financial compensation. Many asbestos-related companies are bankrupt. The victims can now seek compensation from the trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit before the safety of their employees and consumers for decades, producing hazardous products without warning of the dangers. They are now confronting the consequences of their inattention. Patients who have suffered asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete settlement.
The lawyers at Belluck & Fox are dedicated to helping individuals and families obtain the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and seek the highest amount of compensation for our clients.
Many states have established asbestos courts that are specifically designed so that claims can be filed more efficiently. Additionally, judges have established specific procedures to evaluate and resolve asbestos cases.
New York, a state that has its own asbestos court (known as NYCAL) is one of them. As San Diego asbestos attorneys continue to seek compensation from solvent asbestos defendants who have declared bankruptcy and have been unable to pay, the workload of the court has been steadily increasing. The New York Supreme Court created an extra judicial board to supervise NYCAL to stop 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 consider the merits of each claim to determine how much a plaintiff should be awarded.
At present, the panel is looking into more than 3500 lawsuits. The panel is expected to issue its final ruling at the end of this year.
New York asbestos lawsuits can be complicated and involve multiple defendants. Belluck & Fox's lawyers have extensive experience in the litigation of these difficult cases. They are familiar with New York's asbestos courts and their rules, regulations and policies 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 throughout the nation in multi-district, complex litigation. In this capacity, attorneys develop strategies, coordinate and manage regional and local counsel, and ensure cost-effective and consistent defenses for every client. They have worked 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 determine which strategy is most effective to defend the client against an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and owners of premises on matters concerning mesothelioma-related claims, lung cancer, and other asbestos-related illnesses. The firm also assists clients to develop internal programs for identifying and addressing any safety and liability concerns.
In addition to its asbestos practice in the national level, Bowles Rice serves as the national Coordinating Counsel in multi-state asbestos litigation. In this role, the firm develops strategies for litigation, oversees regional and local counsel and provides a cost-effective and consistent defense that is in sync with client objectives. In addition it plays an important role in the administration of asbestos dockets as well as negotiations with plaintiffs' counsel and leads discovery for its clients.
The firm's attorneys have a wealth of trial and appellate experience defending clients against claims made by injured claimants, such as those claiming mesothelioma or other asbestos-related diseases. Asbestos defense lawyers are acquainted with the intricate scientific issues involved in these cases as in addition to specific legal issues that arise when defending businesses before state and federal courts throughout the United States.
Catherine has represented numerous manufacturers in asbestos and products liability personal injury cases, defending them as the lead trial counsel in consolidated trials involving multiple claimants. She has a wealth of experience litigating asbestos-related lawsuits in the state and federal courts, as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Evaluative reports that are encapsulated), which contained confidential information about the claimants. The files contained medical reports and work histories, as well as an inventory of asbestos-related products that plaintiffs worked with or near. Vogel was required to have a password to access these files and could review the SEAR forms of any case she had with her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is nationally recognized for its ability to successfully negotiate settlements for clients. In this capacity, the firm collaborates closely with lawyers representing plaintiffs in the development and execution of settlement agreements. It also has a vast experience in defending companies against appeals.