An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can protect the financial security of those affected through exposure to this dangerous mineral. Compensation can cover medical costs, funeral and burial costs, loss of quality of life, and pain and suffering.
Our lawyers are involved in the mass litigation of toxic torts on a regional, national and local scale. As a result, we are familiarized with the unique issues and the complex scientific aspects of asbestos cases.
New York asbestos lawyer Lawsuits
Asbestos is a deadly fiber that can lead to various serious medical conditions, including mesothelioma. A New York asbestos attorney is experienced in handling lawsuits seeking financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complicated, and it is critical to have a reputable mesothelioma law firm by your side.
New York has a long history of asbestos litigation, and many residents have been exposed to this hazardous material. In recent years there have been more lawsuits against asbestos producers in the past than ever before. These cases are a result of the recognition of a link between asbestos and certain diseases such as mesothelioma, lung cancer and asbestosis. The companies were aware of the dangers of the dangerous mineral, but they didn't warn their employees and clients.
The New York City area is particularly susceptible to asbestos-related illnesses due to its older structures and numerous construction sites. Brooklyn Navy Yard is a notoriously hazardous area that continues to affect the surrounding community.
Many workers were exposed to asbestos in the workplace. However, many people are diagnosed with mesothelioma after experiencing secondhand exposure to the harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came in contact with asbestos dust on a regular basis.
Litigation involving mesothelioma is expensive for defendants. This is especially true if they have been incorrectly identified as defendants. According to a study, more that 3,600 claims have been filed in New York courts since 2014 and the number could increase further. Specialized asbestos law firms typically advertise on television during the day and encourage victims to submit claims under the premise that they will receive substantial settlements.
The defendants could be able to reduce some of the costs of these cases by arguing that their policy periods are overdue or that they only have to pay only for a small proportion of the value of the claim. New York law does not have a clear rule on how to allocate responsibility when the alleged exposure is within and part outside of the insurance policies.
Asbestos-Related Diseases
A myriad of asbestos-related diseases can develop due to exposure to the toxic mineral. The mesothelioma disease is the most serious. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.
Mesothelioma is a rare, but fatal illness that is caused by asbestos fibers which 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 cause scarring to the lungs, a condition known as asbestosis and sometimes the formation of thickened patches on the pleura, known as plaques on the pleura, or the more widespread fibrosis of the pleura called diffused pleural fibrosis. Pleural plaques and diffused fibrosis decrease lung capacity as determined by breathing tests. They also cause breathing problems and pain but they don't lead to cancer or mesothelioma.
The symptoms of asbestos-related diseases typically are not evident until years after the initial exposure. This is due to the fact that it can take between 20 to 50 years for exposure to asbestos fibers to damage the lungs. People who are at risk of developing mesothelioma or other asbestos-related diseases include those who handled, laundered, and removed these materials from their workplaces and spouses and children of those who were exposed to asbestos.
Other asbestos-related diseases in addition to mesothelioma, include laryngeal carcinoma and lung cancer and peritoneal, ovarian and peritoneal cancer. Ovarian cancer is the deadliest mesothelioma that women suffer from however it is much less prevalent than mesothelioma in general. It is often diagnosed later than other forms of mesothelioma because it is a cancer that develops in the tissues of the reproductive organs, and the symptoms may be similar to those of other illnesses.
Many companies used asbestos in the 20th century, but they were aware that it was a risk. They exposed thousands of people to asbestos if they didn't eliminate it from their products. The affected people are now able to seek financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the security of their employees and consumers, manufacturing hazardous products, without warning of the dangers. They are now facing the consequences of their inattention. People who's lives have been affected by mesothelioma, lung cancer, and other asbestos-related illnesses are seeking fair and full settlement.
Belluck & Fox is dedicated to helping families and individuals receive the justice they deserve. Our lawyers have over 25 years of experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and seek maximum compensation for our clients.
Many states have established special asbestos courts where claims can be filed and resolved more efficiently. In addition judges have created specialized procedures for evaluating and resolving asbestos cases.
New York is one such state, with its own asbestos court known as NYCAL. The caseload in this specialty court has grown steadily, as more and more asbestos victims seek compensation from solvent former asbestos defendants who went bankrupt. The New York Supreme Court created an extra judicial board to supervise NYCAL in order to prevent the justice system from becoming overwhelmed.
A panel of six Supreme Court judges will review each case in NYCAL to determine whether or not to accept it. Judges will also consider the merits of each claim to determine how much money each plaintiff should receive.
The panel is currently studying more than 3,500 lawsuits. The panel is expected make a final decision at the end of this year.
New York asbestos lawsuits can be complex and involve several defendants. The lawyers at Belluck & Fox have extensive 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 in which they have handled multidistrict litigation.
The firm also has vast experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, lawyers develop strategies, manage regional and local counsel, and ensure consistent and efficient defenses for clients. They have been in close contact with trial judges, coordination judges and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A knowledgeable Tulsa asbestos defense lawyer will determine the best strategy to defend a client in an asbestos-related personal injury claim. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors and premises owners on matters involving mesothelioma claims, lung cancer and other asbestos-related diseases. The firm also works with clients to develop internal programs for identifying and addressing any safety and liability issues.
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 capacity, Bowles Rice develops litigation strategies and manages regional and local counsel to ensure a uniform and cost-effective defense in accordance with the client's needs. It also plays a major part in the administration and management of asbestos dockets, as well as negotiations with plaintiffs' lawyers and coordinating discovery for its clients.
The firm's lawyers have experience in defending clients from claims of mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are familiar with the intricate science involved in these cases as and unique legal issues that arise while representing companies in state and federal courts throughout the United States.
Catherine has represented a variety of manufacturers in asbestos and products liability personal injury cases, acting as the lead counsel in consolidated trials involving a variety of claimants. She has a wealth of experience litigating asbestos lawsuit-related cases in the federal and state courts and before various appellate and supreme court bodies.
During her time at Brobeck, Vogel worked on asbestos cases, including those for respondents in the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short Evaluative Reports Encapsulated), which contained confidential data about the plaintiffs. 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 access to these files, and she could also look over 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 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 a wealth of experience in defending businesses from appeals.