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 can cover medical costs funeral and burial expenses as well as pain and suffering and loss of quality of life.
Our attorneys are involved in the mass litigation of toxic torts on a national, regional and local level. We are knowledgeable about the specific issues and complex aspects of science associated with asbestos cases.
New York asbestos case Lawsuits
asbestos lawsuit is a deadly fiber that can cause various serious medical conditions, including mesothelioma. A New York asbestos attorney is experienced 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 an experienced mesothelioma law firm 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 filed against asbestos producers from the past than 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 the dangers of the hazardous mineral, but did not warn their employees and clients.
New York City is especially susceptible to illnesses caused by asbestos because of its old structures and construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the surrounding community.
Mesothelioma is triggered by exposure to asbestos directly and many workers were exposed to it at work. However, some people are diagnosed with mesothelioma after experiencing secondhand exposure to the harmful substances. This includes spouses who wear husband's clothes to work and come into contact with asbestos dust frequently.
The mesothelioma litigation can be expensive for defendants, especially when they are mistakenly identified as defendants. A study indicates that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This niche litigation is often driven by asbestos law firms, which advertise on television during the day and encourage victims to file claims, with the promise of huge settlements.
Defendants may be able to mitigate some of the costs arising from these cases by asserting that their policy periods have expired or they are only accountable for a small percentage of the amount of the claim. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure occurs partly in and out of the insurer's policy periods.
Asbestos-Related Illnesses
A myriad of asbestos-related illnesses can develop due to exposure to the toxic mineral. The most serious of these is mesothelioma. Many people have died from mesothelioma. Other asbestos-related diseases include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos fibers that collect in the lungs and cause irritation to the lining of the ribcage, chest cavity, and abdominal cavity (the pleura). Inhaling asbestos fibers can cause scarring in the lungs, called asbestosis. It can also result in thickened patches of pleura (pleural plaques) or a more extensive fibrosis. Pleural plaques or diffuse fibrosis could decrease lung capacity, as measured by a breath test. They can also cause pain and difficulties in breathing, but they are not the cause of mesothelioma or cancer.
Often, symptoms of asbestos-related illnesses don't show up until decades after the initial exposure. It could take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. People who are at risk of developing mesothelioma or any other asbestos-related ailments include those who handled, washed, and removed these materials from the workplace and spouses and children of asbestos-related exposure.
In addition to mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and ovarian mesothelioma. The most fatal mesothelioma type is ovarian cancer, but it's much less common than the general mesothelioma. It is typically diagnosed later than other types of mesothelioma due to the fact that it develops in the lining of the reproductive organs, and symptoms can be similar to symptoms of other illnesses.
A number of companies used asbestos in the 20th century. They were aware that it was hazardous. When they did not remove asbestos from their products thousands of people were exposed. They can now sue for financial compensation. Many asbestos-related companies are insolvent. In the aftermath, victims are able to seek the compensation they are entitled to from trust funds established by the bankruptcy courts.
asbestos case Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees and consumers, manufacturing hazardous products without warning of the risks. These companies are now confronting the consequences of their negligence. People who have suffered from asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete settlement.
The lawyers at Belluck & Fox are dedicated to helping families and individuals receive the justice they need. Our attorneys have more than 25 years of experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and to secure the highest amount of compensation for their clients.
A number of states have established special asbestos courts where claims can be filed and resolving more efficiently. In addition, judges have established specific procedures to evaluate and resolve asbestos cases.
New York is one such state that has its own asbestos court, known as NYCAL. The number of cases filed in this court has increased steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent former asbestos defendants who went bankrupt. The New York Supreme Court created an extra judicial board to oversee NYCAL in order to keep the justice system from becoming overwhelmed.
A panel composed of six Supreme Court Judges will review each case to determine if it is accepted or not. Judges will also evaluate the merits of each claim to decide how much money a plaintiff should be awarded.
The panel is currently looking at more than 3500 lawsuits. The panel is expected to issue its final decision by the end of the year.
New York asbestos lawsuits can be complex and can involve several defendants. Belluck and Fox's lawyers have vast experience in defending these complicated issues. They are knowledgeable of New York's asbestos courts and their rules regulations, policies and guidelines, as well as other jurisdictions where 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 litigation that is complex and complex. In this capacity, lawyers create strategies, coordinate and manage regional and local counsel, and ensure consistent and cost-effective defenses for each client. They have worked closely with trial and coordination judges and litigation special masters in various jurisdictions in which they were 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 counsels product manufacturers, suppliers contractors, distributors, contractors and premises owners in cases involving claims for mesothelioma, lung cancer and other asbestos-related diseases. The firm also assists clients to develop internal programs for identifying and addressing safety and liability concerns.
Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation, is also the national Coordinating Counsel. In this capacity, the firm develops strategies for litigation, oversees regional and local counsel, and provides a cost-effective and consistent defense in coordination with the client's goals. It also plays a major role in the administration and management of asbestos claim (Extralifestudios noted) dockets as well as negotiations with plaintiffs' attorneys and in coordinating discovery for its client.
The firm's lawyers are skilled in defending clients from mesothelioma-related claims and other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science involved in these cases as in addition to particular legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented numerous manufacturers as lead trial counsel in asbestos and personal injury lawsuits related to product liability as well as in consolidated cases involving multiple plaintiffs. She has substantial experience litigating asbestos-related cases in the federal and state courts as well as before a variety of supreme and appellate courts.
While at Brobeck, Vogel worked on asbestos cases, including those of respondents in the Asbestos Claims Facility in Northern California. The case 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 required an account password to access the files. She was then able to review any SEAR forms from her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is recognized nationally for its ability to negotiate settlements for its clients. In this capacity, the company collaborates closely with plaintiffs' lawyers in the development and execution of settlement agreements. Additionally, it has extensive experience in defending businesses against appeals.