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 costs, loss of quality of life, and suffering and pain.

Our lawyers are local, regional, and national counsel in large toxic tort litigation. This means that we are familiarized with the unique issues and complex aspects of science that are associated with asbestos cases.

New York Asbestos Lawsuits

asbestos legal is a harmful fiber that can trigger numerous serious medical conditions, including mesothelioma. A New York asbestos attorney (read this article) is skilled in dealing with lawsuits that seek financial compensation for those who have suffered from asbestos exposure and their families. These cases can be a bit complicated and therefore it is essential to have a mesothelioma lawyer on your side.

New York has a long history of asbestos litigation, and many residents have been exposed to the dangerous substance. In recent years there have been more lawsuits filed against former asbestos producers than ever before. These cases are the result of the recognition that asbestos can cause illnesses such as mesothelioma or lung cancer. These companies were aware the dangers that asbestos posed, but failed to warn their employees and customers.

The New York City area is particularly susceptible to asbestos-related ailments because of its older structures and the numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to have an impact on the community surrounding it.

Mesothelioma can be caused by direct exposure to asbestos and many workers were exposed in the workplace. However, some people are diagnosed with mesothelioma as a result of secondhand exposure to the harmful substances. This includes spouses who wear husband's clothing at work and come in contact with asbestos dust frequently.

The litigation associated with mesothelioma is costly for defendants, particularly if they are wrongfully named as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014, and the number could increase even more. Specialized asbestos law firms typically advertise on television during the day and encourage victims to file claims, promising they will receive substantial settlements.

Defendants might be able to mitigate some of the costs arising from these cases by argument that their policy terms have expired or they are only responsible for a small percentage of the total value of the claim. However, New York law has not provided a definitive rule on how to allocate liability when the alleged exposure is within and outside the policy period of the insurer.

Asbestos-related diseases

Exposure to asbestos can trigger a wide range of ailments. The most serious condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include asbestosis and lung cancer. Pleural plaques and effusion are also asbestos-related.

Mesothelioma is a rare, but fatal disease caused by exposure to asbestos fibers that accumulate in the lungs and irritate the lining of the chest cavity, ribcage and abdominal cavity (the pleura). Inhaling asbestos fibers can cause scarring in the lungs. This is known as 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 measured by breathing tests. They can also cause pain and difficulty in breathing, but they do not lead cancer or mesothelioma.

Symptoms of asbestos-related disease often do not manifest until decades after the initial exposure. It can take up to 50 years for asbestos-related fibers to be inhaled to cause lung damage. People at risk of developing mesothelioma or any other asbestos-related conditions include workers who handled, laundered and removed asbestos-containing materials from the workplace and their spouses and children of those exposed to asbestos.

Other asbestos-related diseases in addition to mesothelioma include lung cancer and laryngeal carcinoma, peritoneal, ovarian, and peritoneal cancer. Ovarian cancer is the deadliest form of mesothelioma for women however, it is much less common than mesothelioma in general. It is typically diagnosed later than other forms of mesothelioma due to the fact that it develops in the tissue of the reproductive organs, and symptoms can be similar to those of other diseases.

There were many companies that employed asbestos in the 20th century, however they knew that it was dangerous. When they did not remove asbestos from their products thousands of people were exposed. The affected people are now able to seek financial compensation. Many asbestos-related companies have gone bankrupt. As a result, the victims are able to seek the compensation they are entitled to from trust funds established by the bankruptcy courts.

Asbestos Litigation in New York

Asbestos companies have put profits before the safety of their employees and consumers for decades, producing hazardous products without warning of the dangers. They are now paying for their carelessness. Patients who have suffered asbestos-related diseases like mesothelioma and lung cancer are seeking fair and complete settlement.

Belluck & Fox is dedicated to helping families and individuals get the justice they deserve. Our lawyers have more than 25 years experience and have helped our clients receive millions of dollars of compensation. Our New York mesothelioma attorneys work to hold corporations accountable and obtain maximum compensation for clients.

Many states have set up special asbestos courts where claims can be filed and resolved more efficiently. Additionally judges have developed 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 and have been unable to pay, the workload of the court has steadily increased. The New York Supreme Court created an extra judicial board to supervise NYCAL to stop the justice system from becoming overwhelmed.

A panel comprised of six Supreme Court Judges will review each case to determine if it should be accepted or not. Judges will also evaluate the merits of each claim to determine the amount of money each plaintiff should receive.

The panel is currently examining more than 3500 lawsuits. The panel is expected to make a final decision at the end of this year.

New York asbestos lawsuits can be complicated and can involve several defendants. Belluck & Fox's lawyers have extensive experience in defending these complicated matters. They are well-versed in the rules regulations, rules, and policies of the asbestos courts in New York, as well as the laws of other jurisdictions in which they have handled multidistrict litigation.

The firm also has extensive experience as National Coordinating Counsel in asbestos litigation, representing clients across the country in complex, multi-district litigation. In this capacity, lawyers create strategies, coordinate and oversee regional and local counsel, and ensure cost-effective and consistent defenses for every client. They have worked closely in the past with trial judges, coordination judges, and special masters of litigation from different jurisdictions.

Representation of Plaintiffs

A Tulsa asbestos lawyer will decide which strategy is best to defend the client against an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers, distributors, contractors and property owners in matters involving claims of mesothelioma, lung cancer, and other asbestos-related diseases. The firm works with clients in the development of internal programs to determine and deal with potential liability and safety issues.

Bowles Rice, in addition to its national asbestos practice and multi-state asbestos litigation, is also the national Coordinating Counsel. In this role the firm designs strategies for litigation, oversees regional and local counsel and achieves consistent and cost-effective defense that is in sync with client goals. Additionally it plays an important part in the administration of asbestos dockets as well as negotiations with plaintiffs' counsel and leads discovery for its clients.

The firm's lawyers have extensive trial and appellate experience defending clients against claims by injured claimants, such as those who claim mesothelioma and other asbestos-related diseases. Asbestos defense lawyers are familiar with the complex science associated with these cases, and the unique legal issues that arise when representing companies in state and federal courts across the United States.

Catherine has represented a variety of manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits as well as in cases that have been consolidated involving multiple plaintiffs. She has extensive experience arguing asbestos-related lawsuits before the federal and state courts, as well as various Supreme Court and appellate bodies.

During her time at Brobeck, Vogel handled asbestos cases for respondents, including those at the Asbestos Claim Facility in Northern California. The cases files contained SEAR forms (Short encapsulated Evaluative reports), which contained confidential information about claimants. These included medical reports, work histories, and an inventory of asbestos-related products that plaintiffs worked with or near. Vogel was required to have a password to access the files and was able to look over the SEAR forms of any case she had with her current employer.

In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is well-known throughout the country 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. The firm also has extensive experience in defending businesses from appeals.