Landon Stanley asked 3 weeks ago
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can help protect the financial security of those harmed through exposure to this dangerous mineral. Compensation can cover medical costs, funeral and burial costs, lost quality of life, and suffering and pain.
Our attorneys serve as national, regional and local counsel in mass toxic tort litigation. We are well-versed in the unique issues and complex scientific aspects associated with asbestos cases.
New York Asbestos Lawsuits
Asbestos is a harmful fiber that can cause various serious medical conditions, including mesothelioma. A New York asbestos attorney is skilled in handling lawsuits seeking the financial compensation of those affected by asbestos exposure and their families. These cases can be complex and therefore it is essential to have a mesothelioma lawyer to assist you.
New York has had a long history with asbestos litigation and many residents were exposed to this dangerous substance. In recent years there have been more lawsuits against asbestos producers from the past than before. These cases are a result of the recognition of a connection between asbestos and certain diseases such as mesothelioma, lung cancer, and asbestosis. These companies were aware of asbestos’ dangers however, they failed to inform employees and consumers.
New York City is especially susceptible to illnesses caused by asbestos due to its old structures and construction sites. The Brooklyn Navy Yard was a notoriously toxic site that continues to have an impact on the community surrounding it.
Mesothelioma is triggered by direct exposure to asbestos and a lot of workers were exposed at work. However, many people are 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 in contact with asbestos dust regularly.
The mesothelioma lawsuit can be expensive for defendants, particularly if they are wrongfully named as defendants. A study has revealed that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. The asbestos law firms that specialize in asbestos often advertise on daytime TV and encourage victims to submit claims, promising they will receive substantial settlements.
Defendants may be able to mitigate some of the costs associated with these cases by arguing that their policy periods have expired or they are only responsible for a tiny percentage of the total value of the claim. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure occurs partly in and out of the policy period of the insurer.
Asbestos-related Illnesses
Exposure to asbestos can cause a wide range of diseases. The mesothelioma condition is the most severe. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer, asbestosis, pleural plaques, and the pleural effusion.
Mesothelioma is a rare but fatal illness caused by exposure to asbestos fibers that collect in the lungs, and can cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the pleura). Inhaling these tiny fibers can result in scarring of the lungs, a condition known as asbestosis and, sometimes, the development of thickened patches on the pleura referred to as pleural plaques or a more widespread fibrosis of the pleura called diffused pleural the fibrosis. Pleural plaques and diffused fibrisis reduce lung capacity as measured by breathing tests. They also cause pain and difficulty breathing but they don’t cause mesothelioma or cancer.
Symptoms of asbestos case-related disease often do not manifest until decades after initial exposure. This is due to the fact that it can take between 20 and 50 years for the exposure to asbestos fibers to cause lung damage. People at risk of developing mesothelioma or other asbestos-related ailments include those who handled, laundered and removed asbestos-containing materials from the workplace and spouses and children of asbestos-related exposure.
Other asbestos-related illnesses, in addition to mesothelioma, include lung cancer and laryngeal carcinoma as well as peritoneal, ovarian and peritoneal cancer. The most deadly form of mesothelioma is called ovarian cancer, however it is less common than the general mesothelioma. It is diagnosed later than other types of mesothelioma because it is found in the linings of reproductive organs. Symptoms can be similar to other illnesses.
Several companies used asbestos during the 20th century. They knew it was dangerous. They exposed thousands of people to asbestos when they didn’t eliminate it from their products. These people now are able to sue for financial compensation. Many asbestos-related companies are bankrupt. The victims are now able to claim compensation from trust funds set up by bankruptcy courts.
Asbestos Litigation in New York
Asbestos-related companies have put profit before the safety of their workers and consumers for decades making dangerous products, without warning about the risks. These companies are now paying for their carelessness. People who’s lives have been affected by mesothelioma, cancer of the lung and other asbestos-related diseases are seeking fair and full compensation.
The attorneys at Belluck & Fox are dedicated to helping families and individuals receive the justice they need. Our attorneys have more than 25 years of experience and have assisted our clients to receive millions of dollars in compensation. Our New York mesothelioma attorneys work to hold large corporations accountable and obtain maximum compensation for clients.
Many states have established special asbestos courts in which claims can be filed and resolving more efficiently. Additionally, judges have established special procedures to evaluate and resolve asbestos 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 caseload of the court has steadily increased. To ensure that the justice system does not get overloaded the New York Supreme Court has established an additional judicial panel that will oversee NYCAL.
A panel comprised of six Supreme Court Judges will review each case to determine if it is accepted or not. Judges will also evaluate the merits of each case to determine how much a plaintiff should be awarded.
Currently, the panel is reviewing more than 3,500 lawsuits. The panel is expected issue its final decision by the end of the year.
New York asbestos lawsuit lawsuits can be complicated and can involve multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these difficult cases. They are knowledgeable of the rules regulations, rules, 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 role, attorneys create strategies, coordinate and oversee local and regional counsel, and ensure cost-effective, consistent defenses for each client. They have been in close contact with trial judges, coordinating judges, and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A Tulsa asbestos lawyer will determine which strategy is most effective to defend the client against a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and owners of premises in cases involving claims for mesothelioma, lung cancer and other asbestos-related diseases. 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 national Coordinating Counsel in multi-state asbestos litigation. In this capacity Bowles Rice devises strategies for litigation and supervises local and region counsel to ensure a uniform and cost-effective defence in coordination with the client’s goals. It also plays a major part in the administration and management of asbestos dockets aswell as negotiations with plaintiffs’ attorneys and leading discovery for its client.
The attorneys of the firm have a wealth of trial and appellate experience defending clients against claims by injured claimants, including those who claim mesothelioma and other asbestos compensation-related diseases. Asbestos defense lawyers are familiar with the intricate research and technology involved in these cases, as well as specific legal issues that arise while defending businesses before state and federal courts throughout the United States.
Catherine has represented numerous manufacturers in asbestos and products liability personal injury cases, defending them as the lead trial counsel in consolidated trials involving multiple claimants. She has a wealth of experience arguing asbestos-related cases in state and federal courts and before various supreme and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those of respondents in the asbestos claim (read more) Claims Facility in Northern California. The case files contained SEAR forms (Short Encapsulated Evaluative Reports) that contained confidential information about the plaintiffs, such as medical reports, work history and a list of asbestos products that plaintiffs worked with or around. Vogel had to have access to a password to access the files. She was then able to review any SEAR forms provided by 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. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. It also has a wealth of experience in defending businesses against appeals.