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 expenses as well as pain and suffering and the loss of quality of life.
Our lawyers serve as local, regional and national counsel in mass toxic tort litigation. As as such, we are acquainted with the particular issues and complicated science associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can trigger various serious medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in handling lawsuits seeking financial compensation for victims of asbestos exposure and their families. These cases can be complicated and therefore it is essential to have a mesothelioma lawyer to assist you.
New York has had a long-running history of asbestos litigation. Many residents were exposed to the dangerous substance. In recent times, there have been more claims against former asbestos manufacturers than ever before. These cases result from the recognition of a link between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. These companies knew of the dangers associated with the hazardous mineral, but failed to warn their employees and clients.
New York City is especially susceptible to illnesses caused by asbestos because of its older structures and 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 as a result of an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposed workers who wore their husband's work clothes and came into contact with
asbestos legal dust regularly.
The mesothelioma litigation is costly for defendants, especially when they are mistakenly identified as defendants. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. Specialized asbestos law firms typically advertise on television during the day and encourage victims to file claims, promising they will receive significant settlements.
Defendants might be able to mitigate some of the costs arising from these cases by arguing that their policy periods have expired or they're only responsible for a tiny portion of the amount of the claim. However, New York law has not set out a clear policy on how to divide liabilities when the alleged exposure is within and outside the insurer's policy periods.
Asbestos-Related Diseases
A variety of asbestos-related illnesses can be triggered due to exposure to the toxic mineral. The most serious of these is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos fibers which accumulate in the lungs and irritate the lining of the chest cavity, ribcage and abdominal cavity (the Pleura). The inhalation of these small fibers can cause scarring to the lungs known as asbestosis and, sometimes, the development of thickened patches on the pleura, known as plaques of pleura or the more widespread fibrosis of the pleura, referred to as diffused pleural fibrisis. Pleural plaques and diffused fibrisis reduce lung capacity, as measured by breathing tests. They can also cause pain and difficulty in breathing, but they are not the cause of mesothelioma or cancer.
Often, symptoms of asbestos-related diseases do not appear until decades after the initial exposure. It can take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace and their spouses, children and other people who are exposed to asbestos are at risk for developing mesothelioma.
As well as mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma and ovarian mesothelioma. Ovarian cancer is the deadliest mesothelioma type for women, but it is less common than mesothelioma general. It is diagnosed later than most other mesothelioma types, because it is found in the linings of reproductive organs. Symptoms can be similar to other illnesses.
There were many companies that used asbestos in the 20th century, but they knew that it was hazardous. When they failed to remove it from their products, thousands of people were exposed. They can now claim financial compensation. Many of the asbestos-related manufacturers have filed for bankruptcy. As a result, the victims can seek the compensation they deserve from the trust funds established by the bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit over the safety of their workers and their customers for decades, producing hazardous products without warning of the dangers. These companies are now paying for their carelessness. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full settlement.
The attorneys at Belluck & Fox are dedicated to helping families and individuals receive the justice they need. Our lawyers have over 25 years of experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold corporations accountable and seek the highest amount of compensation for their clients.
Many states have set up special asbestos courts in which claims can be filed and resolved more efficiently. In addition judges have created special procedures to evaluate and resolve asbestos cases.
New York is one such state that has its own asbestos court known as NYCAL. As asbestos victims continue to seek compensation from solvent asbestos defendants that have been bankrupt the number of cases that have come through the court has steadily increased. 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 in NYCAL to determine whether or not to accept it. Judges will also assess the merits of each claim to determine the amount of the plaintiff's compensation should be.
At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected to issue its final decision by the end of the year.
New York asbestos lawsuits are often complex and involve several defendants. The lawyers at Belluck & Fox have extensive experience in the litigation of these difficult cases. They are well-versed in the
asbestos Case (
Izicellbio.com) courts of New York as well as their rules, regulations and policies in addition to other jurisdictions in which they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this capacity, lawyers develop strategies, manage local and regional counsel and ensure that they are able to provide consistent and efficient defenses for clients. They have worked closely in the past with trial judges, coordinating judges, and litigation special masters from various jurisdictions.
Representation of Plaintiffs
A Tulsa
asbestos lawsuit lawyer will determine what strategy is most effective to defend the client against a personal injury claim involving asbestos. The Bowles Rice Asbestos Team advises suppliers, manufacturers, distributors, contractors, and premises owners on matters that involve mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm also works with clients to create 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 role Bowles Rice devises litigation strategies and oversees regional and local counsel to achieve a consistent and cost-effective defense in accordance with the client's objectives. It also plays an important 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 attorneys have extensive trial and appellate experience defending clients against claims by injured claimants, including those who claim mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are acquainted with the complex scientific issues involved in these cases, as in addition to unique legal issues that arise while defending companies before federal and state courts across the United States.
Catherine has represented a variety of manufacturers in asbestos and products liability personal injury cases, defending them as the lead trial counsel in consolidated trials involving a variety of claimants. She has extensive experience in litigating asbestos-related lawsuits in the 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 for respondents to the Asbestos Claims Facility in Northern California. The cases files contained SEAR forms (Short encapsulated Evaluative reports) which contained confidential information about the plaintiffs. The files contained medical reports and work histories, as well as a list asbestos products that plaintiffs used or worked near. Vogel was required to have an account password to access the files and was able to look over the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in trial and appellate work, is recognized nationally for its ability to negotiate settlements for clients. In this capacity, the company collaborates with lawyers representing plaintiffs in the development and execution of settlement agreements. It also has extensive experience defending companies against appeals.
