An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A defense attorney for asbestos can help protect those whose financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses funeral and burial expenses as well as pain and suffering and the loss of quality of life.
Our attorneys are involved in mass toxic tort litigation on a national, regional and local level. As our lawyers are well-versed with the unique issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can cause numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek compensation for victims and their families for exposure to this toxic substance. These cases can be complex and it is crucial 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 material. In recent years, there have been more lawsuits filed against former asbestos producers than ever before. These cases are a result of the recognition that asbestos can cause illnesses such as mesothelioma or lung cancer. The companies were aware of the dangers that asbestos posed however, they failed to inform the employees and the public.
The New York City area is particularly susceptible to asbestos-related illnesses because of its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community surrounding it.
Many workers were exposed asbestos at work. However, people also get diagnosed with mesothelioma after experiencing exposure to harmful substances. This includes spouses who wear their husband's clothing to work and come into contact with asbestos dust regularly.
Litigation involving mesothelioma is expensive for defendants. This is particularly true if they have been incorrectly identified as defendants. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number could increase further. This niche litigation is often fueled by specialized
asbestos law firms that promote on television during the day and encourage victims to file claims, with the promise of substantial settlements.
The defendants may be able lower some of the expenses arising from these cases by asserting that their policy periods expire or they are only responsible for a small percentage of the total value of the claim. New York law does not have a specific rule for how to divide liability when the alleged risk is of the insurer's policies.
Asbestos-Related Diseases
A wide range of asbestos-related diseases can develop because of exposure to the toxic mineral. The most severe condition is mesothelioma. Many people have died due to mesothelioma. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma, a rare, but fatal disease that is caused by asbestos fibers that are found in the lungs. They then cause irritation to the linings of the ribcage (the Pleura) as well as the chest cavity and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs. This is called asbestosis. It can also lead to thickened pleura patches (pleural plaques) or an increased fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause pain and difficulty in breathing, but they don't cause mesothelioma or cancer.
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 the inhalation of asbestos fibers to cause lung damage. People at risk of developing mesothelioma or other asbestos-related diseases include those who handled, washed and removed asbestos-containing products from the workplace, as well as spouses and children of asbestos-related exposure.
Other asbestos-related diseases 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 general. It is diagnosed later than other types of mesothelioma because it is found within the linings of reproductive organs. Symptoms can be similar to other diseases.
There were many companies that employed asbestos in the 20th century, but they were aware that it was a risk. They exposed thousands of people to asbestos when they failed to remove asbestos from their products. Now, those exposed have the right to seek financial compensation. Many asbestos-related companies have declared bankruptcy. The victims are now able to seek compensation from trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
For decades, asbestos-related companies put profits above the safety of their employees as well as consumers, producing dangerous products without warning of the dangers. They are now paying the price for their negligence. People whose lives have been disrupted by mesothelioma and lung cancer and other asbestos-related diseases are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our lawyers have over 25 years of experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold responsible large corporations accountable and to secure the highest amount of compensation for our clients.
Many states have established special asbestos courts in which claims can be filed and resolving more efficiently. Judges have also developed special procedures to review and resolve these cases.
New York, a state which has its own asbestos court (known as NYCAL), is one of them. As asbestos victims continue to seek compensation from solvent asbestos defendants who have been bankrupt, the caseload of the court has steadily increased. To ensure that the justice system does not get overloaded and overwhelmed, the New York Supreme Court has ordered the creation of a special judicial panel to oversee NYCAL.
A panel 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 case to determine the amount the plaintiff is entitled to.
The panel is currently looking at more than 3500 lawsuits. The panel is expected issue its final decision by the end of this year.
New York asbestos lawsuits are usually complex and involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these complex matters. They are well-versed in the rules, regulations, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions where they have handled multidistrict litigation.
The firm has also extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity lawyers formulate strategies, manage regional and local counsel, and ensure consistent and effective defenses for clients. They have worked closely with coordinating and trial judges and litigation special masters in various jurisdictions in which they were involved in
asbestos law litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is most effective to defend the client from an injury claim that involves asbestos. The Bowles Rice Asbestos Team advises manufacturers, suppliers and contractors, distributors, and owners of premises on matters that involve mesothelioma claims, lung cancer, and other asbestos-related diseases. The firm works with clients on developing internal programs to determine and address potential safety and liability issues.
In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role, Bowles Rice develops strategies for litigation and supervises local and region counsel to achieve a consistent and cost-effective defence in coordination with the client's objectives. Additionally, it plays a key role in the management of asbestos dockets, negotiations with counsel for plaintiffs and leads discovery for its clients.
The firm's lawyers have extensive trial and appellate experience, defending clients against claims by injured claimants, which includes those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex research and technology involved in these cases as in addition to unique legal issues that arise while defending companies before state and federal courts throughout the United States.
Catherine has represented a variety of companies in asbestos and products liability personal injury cases, representing them as lead trial counsel and in consolidated trials involving multiple plaintiffs. She has extensive experience in litigating asbestos-related cases in the federal and state courts as well as before a variety of supreme and appellate courts.
During her time at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The cases files included SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential information about 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 was required to use a password to access the files and was able to 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 widely acclaimed for its ability to successfully negotiate settlements for clients. The firm has worked closely with plaintiffs’ lawyers to create and implement settlement agreements. It also has a wealth of experience in defending businesses against appeals.
