So You ve Bought Asbestos Defense Attorney ... Now What
An asbestos legal Defense Attorney Can Help Protect the Financial Security of Those Harmed by Exposure to This Harmful Mineral
An asbestos defense lawyer can assist in ensuring the financial security of those harmed through exposure to this dangerous mineral. Compensation can cover medical expenses, funeral and burial expenses as well as pain and suffering and lost quality of life.
Our lawyers are local, regional and national counsel in mass toxic tort litigation. We are familiarized with the unique issues and the complex scientific aspects of Asbestos lawsuit cases.
New York Asbestos Lawsuits
Asbestos is a deadly fiber that can cause numerous serious medical conditions, including mesothelioma. A New York asbestos lawyer is skilled in handling asbestos lawsuit lawsuits that seek financial compensation for victims and their families for exposure to this harmful substance. These cases can be complex and therefore it is essential to have a mesothelioma attorney on your side.
New York has a long history of asbestos litigation, and many residents have been 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 link between asbestos and diseases like mesothelioma, lung cancer and asbestosis. These companies were aware of the dangers associated with this dangerous mineral, but they failed to inform their employees and customers.
The New York City area is particularly susceptible to asbestos-related illnesses due to its older structures and numerous construction sites. The Brooklyn Navy Yard was a notoriously toxic location that continues to impact on the surrounding community.
Mesothelioma is caused by exposure to asbestos directly and a lot of workers were exposed to asbestos in the workplace. However, many people are diagnosed with mesothelioma after experiencing an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure workers who were wearing their husband's work clothes and came into contact with asbestos case dust regularly.
Litigation involving mesothelioma is expensive for defendants. This is particularly true if they have been wrongly identified as defendants. According to a study, more than 3,600 claims have been filed in New York courts since 2014, and the number could rise further. This niche litigation is often supported by asbestos law firms that promote on daytime television and encourage victims to file claims, with the promise of huge settlements.
The defendants may be able mitigate some of the costs arising from these cases by asserting that their policy periods have expired or they are only responsible for a tiny portion of the claim value. However, New York law has not established a clear rule on how to allocate liability when the alleged exposure is in and out of the insurance company's policy.
Asbestos-related Illnesses
Exposure to asbestos can lead to various diseases. The mesothelioma condition is the most severe. Mesothelioma is the cause of death of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and the pleural effusion.
Mesothelioma is a rare but fatal condition, is caused by asbestos fibers that collect in the lungs. They then irritate the linings of the ribcage (the pleura), chest cavity and abdominal cavity. Inhaling these fibers can lead to scarring in the lungs, called asbestosis. It can also result in 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, however they do not lead mesothelioma or cancer.
Often, symptoms of asbestos-related diseases don't show up until decades after the initial exposure. This is because it can take between 20 to 50 years for the exposure to asbestos fibers to damage the lungs. Workers who handled, cleaned, and removed asbestos from their workplaces and their children, spouses, and others exposed to asbestos are at risk of developing mesothelioma.
As well as mesothelioma, other asbestos-related diseases include lung cancer, laryngeal cancer, peritoneal mesothelioma, and mesothelioma of the ovary. The most fatal form of mesothelioma is called ovarian cancer, but it's less prevalent than mesothelioma in general. It is usually diagnosed later than other kinds of mesothelioma since it is a cancer that develops in the lining of the reproductive organs and the symptoms may be similar to symptoms of other illnesses.
A number of companies used asbestos in the 20th century. They knew it was hazardous. If they didn't remove asbestos from their products thousands of people were exposed. These people can now sue for financial compensation. Many asbestos-related companies are insolvent. The victims are now able to seek compensation from trust funds established by bankruptcy courts.
Asbestos Litigation in New York
Asbestos companies have put profit before the safety of their employees and their customers for decades creating dangerous products without warning of the dangers. These companies are now confronting the consequences of their inattention. Patients who have suffered asbestos-related illnesses like mesothelioma and lung cancer are seeking fair and complete settlement.
Belluck & Fox is dedicated to helping families and individuals obtain the justice they deserve. With more than 25 years of experience, we have secured millions of dollars in compensation for our clients. Our New York mesothelioma attorneys work to hold large corporations accountable and obtain the highest amount of compensation for their clients.
A number of states have set up special asbestos courts, where claims can be filed more efficiently. Judges have also created specific procedures to assess and resolve these cases.
New York is one such state with its own asbestos court, known as NYCAL. The number of cases in this court has grown steadily, as asbestos victims are becoming more and more likely to seek compensation from solvent asbestos defendants who have become bankrupt. In order to ensure that the justice system does not get overloaded and overwhelmed, the New York Supreme Court has created an extra judicial panel to supervise NYCAL.
A panel of six Supreme Court judges will review every case filed in NYCAL to determine whether or not to accept it. Judges will also consider the merits of every claim to determine the amount of amount of money each plaintiff should receive.
At present, the panel is looking into more than 3500 lawsuits. The panel is expected to issue its final ruling by the end of this year.
New York asbestos lawsuits are usually complex and involve allegations of several defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these difficult issues. They are knowledgeable of the asbestos courts of New York, including their rules and regulations and other jurisdictions where they have handled multi-district litigation.
The firm also has extensive experience in serving as National Coordinating Counsel in asbestos litigation, representing clients throughout the nation in complex, multi-district litigation. In this role, attorneys create strategies, coordinate and manage regional and local counsel, and ensure cost-effective, consistent defenses for each client. They have collaborated closely with coordinating and trial judges and litigation special masters in various jurisdictions in which they were involved in asbestos litigation.
Representation of Plaintiffs
A Tulsa asbestos lawyer will decide which strategy is most effective to defend the client from a personal injury lawsuit involving asbestos. The Bowles Rice Asbestos Team advises suppliers, manufacturers, contractors, distributors and property owners on issues concerning mesothelioma-related claims, lung cancer and other asbestos-related illnesses. The firm also works with clients to develop internal programs for identifying and addressing risks to safety and liability.
Bowles Rice In addition to its national asbestos practice and multi-state asbestos litigation, is also the national Coordinating Counsel. In this capacity the firm designs litigation strategies, manages regional and local counsel and ensures a consistent and cost-effective defense that is in sync with client objectives. Additionally, it plays a key role in the administration of asbestos dockets, negotiations with plaintiffs' counsel and also leads discovery for its clients.
The firm's lawyers are skilled in defending clients from claims of mesothelioma and other asbestos-related illnesses. Asbestos defense lawyers are familiar with the intricate science involved with these cases, as well as the unique legal issues that arise when defending companies in federal and state courts across the United States.
Catherine has represented numerous manufacturers as the lead trial counsel in asbestos and product liability personal injury lawsuits, and in cases that have been consolidated involving multiple claimants. She has substantial experience litigating asbestos-related cases in the federal and state courts and before various supreme and appellate courts.
While at Brobeck, Vogel handled asbestos cases for respondents, including the Asbestos Claim Facility in Northern California. The case files contained SEAR forms (Short Evaluative Reports Encapsulated) which contained confidential information about the claimants. The files contained medical reports, work histories, and the list of asbestos-related products that plaintiffs used or worked near. Vogel required a password in order to access the files. She was then able to review any SEAR forms that she received from her current employer.
In addition to its extensive trial and appellate experience 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 create and implement settlement agreements. It also has extensive experience in defending businesses against appeals.