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 affected through exposure to this dangerous mineral. Compensation can cover medical expenses funeral and burial costs, loss of quality of life, as well as pain and suffering.
Our lawyers are local, regional, and national counsel in large toxic tort litigation. As our lawyers are well-versed with the specific issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can trigger a variety of severe medical conditions, such as mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek financial compensation for the victims and their families due to exposure to this harmful substance. These cases can be complex, so it's important to have a mesothelioma attorney on your side.
New York has had a long-running history of asbestos litigation, and many residents were exposed to this hazardous material. In recent times, there have been more claims against former asbestos producers than ever before. These cases stem 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 dangerous mineral, but they did not warn their employees and consumers.
The New York City area is particularly prone to asbestos-related diseases due to its old structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic place that continues to impact on the community surrounding it.
Mesothelioma can be caused by exposure to asbestos directly, and many workers were exposed at work. Exposure to asbestos from the outside can lead to mesothelioma. This includes spouses of asbestos-exposed workers who had their husbands' work clothes and came into contact with asbestos dust regularly.
Mesothelioma-related litigation can be expensive for defendants. This is especially the case if they were wrongly named as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014 and the number could rise further. This niche litigation is often driven by asbestos law firms that advertise on television during the day and encourage victims to file claims with the promise of large settlements.
Defendants may be able to mitigate some of the expenses arising from these cases by arguing that their policy periods have expired or they're only responsible for a tiny percentage of the total claim value. New York law does not have a specific rule for how to allocate the liability if the alleged exposure is part of and outside the insurer's policies.
Asbestos-Related Diseases
A wide range of asbestos-related diseases can develop due to exposure to the mineral that causes cancer. The condition known as mesothelioma is the most serious. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer and asbestosis. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal disease that is caused by asbestos fibers which accumulate 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. Inhaling these fibers can lead to scarring in the lungs. This is known as asbestosis. It can also cause thickened pleura patches (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity, as measured by breathing tests. They can also cause pain and difficulty in breathing, however they are not the cause of mesothelioma or cancer.
Symptoms of asbestos-related disease often don't manifest until decades after initial exposure. This is because it could take between 20 to 50 years for the inhalation of asbestos fibers to damage the lungs. Workers who handled, cleaned and removed asbestos from the workplace and their children, spouses and other people who are exposed to asbestos are at risk of developing mesothelioma.
Other asbestos-related illnesses, in addition to mesothelioma include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the deadliest form of mesothelioma for women however it is much less common than mesothelioma in general. It is often diagnosed later than other types of mesothelioma due to the fact that it is a cancer that develops in the tissues of the reproductive organs, and the symptoms may be similar to symptoms of other illnesses.
Several companies used asbestos during the 20th century. They were aware that it was a risk. When they failed to remove it from their products, thousands of people were exposed. Now, these people have the right to claim financial compensation. Many asbestos-related companies are bankrupt. The victims can now seek compensation from the trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies have put profits ahead of the security of their employees and consumers, manufacturing hazardous products, without warning of the dangers. These companies are now facing the consequences of their negligence. People who have suffered from life-altering issues caused by mesothelioma, cancer of the lung and other asbestos-related illnesses are seeking full and fair compensation.
Belluck & Fox is dedicated to helping families and individuals get 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 attorneys work to hold corporations accountable and seek maximum compensation for clients.
Many states have set up special asbestos courts in which claims can be filed and resolved more efficiently. Judges have also developed specific procedures to assess and resolve such 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 gone bankrupt the number of cases that have come through this special court has steadily increased. The New York Supreme Court created a special judicial board to oversee NYCAL in order to keep the justice system from becoming overwhelmed.
A panel of six Supreme Court Judges will review each case to determine if it is accepted or rejected. Judges will also consider the merits of each claim to decide how much money a plaintiff should be awarded.
The panel is currently reviewing more than 3500 lawsuits. The panel is expected to make a final decision by the end of this year.
New York asbestos lawsuits are usually complex and involve several defendants. Belluck and Fox's lawyers have vast experience in litigating these complex cases. They are well-versed in New York's asbestos case (weblink) courts and their rules and regulations in addition to other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in multi-district, complex litigation. In this capacity, lawyers develop strategies, coordinate and manage local and regional counsel, and ensure cost-effective, consistent defenses for each client. They have collaborated closely with coordinating and trial judges and litigation special masters in the various jurisdictions where 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 from an asbestos personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and owners of premises on matters involving claims of mesothelioma, lung cancer, and other asbestos-related illnesses. The firm also works with clients to create internal programs for identifying and addressing potential 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, the firm develops litigation strategies, manages regional and local counsel and ensures a consistent and cost-effective defense in coordination with the client's goals. It also plays a major part in the administration and management of asbestos dockets, as well in negotiations with plaintiffs' attorneys and in coordinating discovery for its client.
The firm's lawyers have experience in defending clients against mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the intricate scientific issues involved in these cases as and specific legal issues that arise when defending businesses before federal and state courts across the United States.
Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and personal injury lawsuits related to product liability and in cases that have been consolidated involving multiple claimants. She has extensive experience litigating asbestos-related lawsuits before federal and state courts, as well as a variety of Supreme Court and appellate bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents in the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential information about plaintiffs. The files contained medical reports, work histories, and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to use an account 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 having extensive experience in trial and appellate work, is widely acclaimed for its ability to negotiate settlements for clients. The firm has worked closely with plaintiffs’ lawyers to draft and implement settlement agreements. It also has extensive experience in defending businesses against appeals.