Lillie Dendy asked 3 months ago
An Asbestos Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
A lawyer who is a defense attorney for asbestos can help protect those whose financial security has been affected by exposure to the harmful mineral. Compensation can cover medical expenses funeral and burial expenses, pain and suffering, and the loss of quality of life.
Our attorneys are involved in the mass litigation of toxic torts at a national, regional and local scale. We are familiarized with the unique issues and complex scientific aspects of asbestos cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can trigger a variety of severe medical conditions, including mesothelioma. A New York asbestos lawyer is adept at handling asbestos lawsuits that seek financial compensation for victims and their families due to exposure to this toxic substance. These cases can be complex and therefore it is essential to have a reputable mesothelioma law firm on your side.
New York has had a long history with asbestos litigation and many residents were exposed to this dangerous material. In recent years there have been more lawsuits against Asbestos Claim producers from the past than before. These cases are a result of the recognition of a link between asbestos and certain diseases such as mesothelioma and lung cancer and asbestosis. The companies were aware of asbestos’s dangers however, they failed to inform employees and consumers.
New York City is especially susceptible to illnesses caused by asbestos because of its old structures and many 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 in their work environments. However, people also get diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses who wear husband’s clothes at work and come in contact with asbestos dust frequently.
The litigation associated with mesothelioma is costly for defendants, especially when they are mistakenly identified as a defendant. A study shows that more than 3,600 lawsuits have been filed since 2014 in New York courts. This number could rise. This niche litigation is often driven by asbestos law firms that promote on television during the day and encourage victims to file claims with the promise of large settlements.
The defendants may be able mitigate some of the costs associated with these cases by argument that their policy terms expire or they are only responsible for a tiny percentage of the claim value. New York law does not provide a definitive rule on how to divide the liability if the alleged risk is within and part outside of the insurance policies.
Asbestos-related diseases
A wide range of asbestos-related diseases can develop because of exposure to the toxic mineral. The most serious condition is mesothelioma. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and pleural effusion.
Mesothelioma is a rare, but fatal disease is caused by asbestos fibers that are found in the lungs. They then cause irritation to the linings of the ribcage (the the pleura), chest cavity and abdominal cavity. The inhalation of these small fibers can cause scarring to the lungs, a condition known as asbestosis and sometimes the formation of thickened patches on the pleura called pleural plaques or the more widespread fibrosis of the pleura known as diffused fibrisis. Pleural plaques and diffused fibrosis reduce lung capacity as measured by breathing tests. They can also cause pain and discomfort in breathing, but they don’t cause mesothelioma or cancer.
Most of the time, symptoms of asbestos-related diseases do not manifest until decades after initial exposure. It could take up to 50 years for asbestos fibers that are inhaled to cause lung damage. Workers who handled, cleaned and removed asbestos from the workplace and their spouses, children, and others 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 mesothelioma of the ovary. The most deadly mesothelioma type is ovarian cancer, however it is less prevalent than mesothelioma in general. It is diagnosed later than most other types of mesothelioma, because it occurs in the linings of the reproductive organs. The symptoms may be similar to other illnesses.
Several companies used asbestos during the 20th century. They were aware that it was hazardous. They exposed thousands of people to asbestos because they failed to remove asbestos from their products. Now, those exposed have the right to claim financial compensation. Many asbestos-related companies are insolvent. This means that 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 before the safety of their workers and their customers for decades making dangerous products, without warning about the risks. They are now paying the price for their negligence. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and full compensation.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. With more than 25 years of experience and accomplishments, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and to obtain maximum compensation for our clients.
A number of states have set up special asbestos courts, where claims can be filed more efficiently. Judges have also developed specialized procedures to evaluate and resolve these 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 special court has steadily increased. In order to ensure that the justice system does not get overloaded, the New York Supreme Court has ordered the creation of an additional judicial panel that will oversee NYCAL.
A panel comprised of six Supreme Court judges will review every case in NYCAL to decide whether to accept or reject it. Judges will also assess the merits of each case to determine how much the plaintiff is entitled to.
The panel is currently examining more than 3500 lawsuits. The panel is expected to issue its final decision before the end this year.
New York asbestos lawsuits can be complex and can involve several defendants. Belluck and Fox’s lawyers have a wealth of experience in the litigation of these difficult matters. They are well-versed in New York’s asbestos courts as well as their rules, regulations and policies and other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients nationwide in complex, multi-district litigation. In this capacity, lawyers create strategies, coordinate and manage local and regional counsel, and ensure cost-effective and consistent defenses for each client. They have worked closely in the past with trial judges, coordinating judges and special masters of litigation from different jurisdictions.
Representation of Plaintiffs
A skilled Tulsa asbestos defense lawyer will determine the best approach to defend a client in an asbestos-related personal injury claim. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors and property owners in matters involving claims of mesothelioma, lung cancer, and other asbestos-related diseases. The firm collaborates with clients to develop internal programs to determine and address potential safety and liability issues.
Bowles Rice in addition to its national asbestos practice and multi-state asbestos litigation, is also the national Coordinating Counsel. In this capacity Bowles Rice devises strategies for litigation and supervises local and region counsel to achieve a consistent and cost-effective defence in coordination with the client’s goals. It also plays an important role in the administration and management of asbestos dockets, as well in negotiations with plaintiffs’ attorneys and coordinating discovery for its client.
The firm’s attorneys have extensive trial and appellate experience, defending clients from claims brought by injured claimants, such as those who are claiming mesothelioma or any other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science associated with these cases, as well as the unique legal issues that arise when representing companies in state and federal courts across the United States.
Catherine has defended numerous companies in asbestos and products liability personal injury cases, representing them as lead trial counsel and in consolidated trials involving a variety of plaintiffs. She has a wealth of experience arguing asbestos-related lawsuits before federal and state courts as well as various Supreme Court and appellate courts.
During her time at Brobeck, Vogel worked on asbestos cases, including those involving respondents in the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports), which contained confidential information about the plaintiffs, such as medical reports, a history of work and an inventory of asbestos case-related products that plaintiffs worked with or around. Vogel was required to have access to these files and could review the SEAR forms of any case at her current employer.
The Bowles Rice Asbestos Team, in addition to having extensive experience in appellate and trial work, is recognized nationally for its ability to successfully negotiate settlements for clients. The firm has worked closely with plaintiffs’ lawyers to develop and execute settlement agreements. It also has extensive experience in defending businesses against appeals.