An
asbestos claim Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer for asbestos defense can help protect those whose financial security has been affected by exposure to the harmful mineral. Compensation could cover medical expenses, funeral and burial costs, lost quality of life, as well as suffering and pain.
Our lawyers are involved in mass toxic tort litigation on a national, regional and local scale. As our lawyers are well-versed with the particular issues and the complex science that go along with asbestos cases.
New York Asbestos Lawsuits
Asbestos fibers can be deadly and can trigger serious medical conditions like mesothelioma. A New York
asbestos attorney [
related webpage] is adept at dealing with lawsuits that seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be complex, so it's important to have a mesothelioma attorney on your side.
New York has had a long history of asbestos litigation and many residents were exposed to the dangerous material. In recent years there have been more lawsuits against former asbestos producers than ever before. These cases arise out of the realization that asbestos is linked to diseases such as mesothelioma and lung cancer. The companies were aware of asbestos' dangers, but failed to warn their employees and customers.
The New York City area is particularly prone to asbestos-related diseases due to its old structures and a myriad of construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues impact the surrounding community.
Many workers were exposed to asbestos at work. However, many people are diagnosed with mesothelioma as a result of exposure to harmful substances. This includes spouses of asbestos-exposed workers who were wearing their husband's work clothes and came in contact with asbestos dust regularly.
The litigation associated with mesothelioma can be expensive for defendants, particularly when they are incorrectly named as defendants. According to a study, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number could increase even more. The asbestos law firms that specialize in asbestos often advertise on daytime TV and encourage victims to file claims with the promise that they will receive substantial settlements.
The defendants may be able lower some of the expenses arising from these cases by argument that their policy terms have expired or they're only responsible for a small percentage of the claim value. However, New York law has not set out a clear policy regarding how to allocate liabilities when the alleged exposure is within and outside the insurance company's policy.
Asbestos-Related Illnesses
Exposure to asbestos can trigger a wide range of ailments. The most severe condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques, and pleural effusion.
Mesothelioma is a rare but fatal disease that is caused by asbestos fibers which are found in the lung. They then irritate the linings of the ribcage (the the pleura), chest cavity, and abdominal cavity. Inhaling these fibers can lead to scarring of the lungs, called asbestosis. It can also lead to thickened patches of pleura (pleural plaques) or an increase in fibrosis. Pleural plaques and diffused fibrosis reduce lung capacity as determined by breathing tests. They also cause breathing problems and pain however they do not lead to cancer or mesothelioma.
Often, symptoms of asbestos-related illnesses don't manifest until decades after initial exposure. This is because it can take between 20 to 50 years for inhalation of asbestos-containing fibers to damage the lungs. People who are at risk of developing mesothelioma or other asbestos-related conditions include workers who handled, cleaned and removed asbestos-containing products from their workplaces and their spouses and children of those who were exposed to asbestos.
In addition to mesothelioma other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma and ovarian mesothelioma. The most deadly form of mesothelioma is ovarian cancer, but it's much less frequent than the general mesothelioma. It is diagnosed later than other types of mesothelioma, because it develops in the linings of reproductive organs. The symptoms can be similar to other diseases.
A number of companies used asbestos in the 20th century, but they knew that it was a risk. They exposed thousands of people to asbestos when they didn't eliminate asbestos from their products. These people can now seek financial compensation. Many asbestos-related manufacturers are bankrupt. In the aftermath, victims can seek the money they are entitled to from trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profits over the safety of their employees and their customers for decades making dangerous products, without warning of the dangers. They are now facing the consequences of their carelessness. Patients who have suffered asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete compensation.
Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our attorneys have more than 25 years experience and have assisted our clients to receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and to secure the maximum amount of compensation for our clients.
Many states have set up special asbestos courts where claims can be filed and resolved more efficiently. Additionally judges have created specialized procedures for evaluating and resolving asbestos cases.
New York, a state with its own asbestos court (known as NYCAL) is one of the states. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt and have been unable to pay, the workload of this court has steadily increased. The New York Supreme Court created an additional judicial board that will oversee NYCAL to stop 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 assess the merits of every claim to determine the amount of the plaintiff's compensation should be.
The panel is currently looking at more than 3500 lawsuits. The panel is expected issue its final decision before the end of the year.
New York asbestos lawsuits can be complicated and involve multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complicated issues. They are well-versed in the asbestos courts in New York and their rules, regulations and policies, as well as other jurisdictions where they have handled multi-district litigation.
The firm also has vast experience as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this capacity lawyers devise strategies, oversee local and regional counsel, and ensure that they are able to provide consistent and effective defenses for clients. They have collaborated closely with trial and coordination judges and special masters of litigation in various jurisdictions in which they were involved in
asbestos litigation.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best way to defend a client against an asbestos personal injury claim. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and premises owners on matters concerning mesothelioma-related claims, lung cancer, and other asbestos-related illnesses. The firm collaborates with clients in the development of internal programs to address potential safety and liability concerns.
In addition to its
asbestos compensation practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state
asbestos litigation. In this capacity the firm formulates litigation strategies, supervises regional and local counsel and ensures a consistent and cost-effective defense in coordination with client goals. It also plays a major role in the administration and management of asbestos dockets as well in negotiations with plaintiffs' attorneys and coordinating discovery for its clients.
The attorneys of the firm have extensive trial and appellate experience defending clients from claims brought by injured claimants, including those claiming mesothelioma or other asbestos-related diseases. Asbestos defense attorneys are familiar with the complex science involved in these cases, as in addition to particular legal issues that arise when defending businesses before state and federal courts throughout the United States.
Catherine has represented numerous companies in asbestos and products liability personal injury cases, acting as the lead trial counsel in consolidated trials that involved multiple claimants. She has a wealth of experience litigating asbestos-related cases before the federal and state courts and before various supreme 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 included SEAR forms (Short encapsulated Evaluative reports) 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 had to have an account password to access the files. Then, she could review any SEAR forms that she received from her current employer.
In addition to its extensive trial and appellate experience as well as its vast trial and appellate experience, the Bowles Rice Asbestos Team is recognized nationally for its ability to negotiate settlements on behalf of its clients. In this capacity, the company collaborates closely with lawyers representing plaintiffs in the development and execution of settlement agreements. It also has extensive experience defending companies against appeals.
