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 who have been harmed by exposure to this toxic mineral. Compensation can cover medical costs funeral and burial costs, pain and suffering, and loss of quality of life.

Our attorneys serve as local, regional, and national counsel in massive toxic tort litigation. As as such, we are acquainted with the unique issues and the complex science that go along with asbestos cases.

New York Asbestos Lawsuits

Asbestos fibers are dangerous and can trigger serious medical conditions such as mesothelioma lawsuits. A New York asbestos lawyer is skilled in handling asbestos lawsuits that seek 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 lawyer on your side.

New York has a long history of asbestos litigation and many residents have been exposed to this hazardous substance. In recent years, there have been more claims against former asbestos manufacturers than ever before. These cases are a result of the recognition of a connection between asbestos and diseases like mesothelioma, lung cancer, and asbestosis. These companies knew of the dangers associated with the hazardous mineral, but failed to warn their employees and consumers.

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 site that continues to impact on the surrounding community.

Many workers were exposed asbestos at work. However, people also get diagnosed with mesothelioma as a result of exposure to harmful substances. This is especially true for spouses who wear husband's clothes to work and come into contact with asbestos dust regularly.

The mesothelioma lawsuit can be costly for defendants, particularly when they are mistakenly identified as a defendant. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number could increase further. This type of litigation is typically supported by asbestos law firms, which advertise on daytime television and encourage victims to file claims, with the promise of large settlements.

The defendants could be able to reduce the cost of these cases by arguing their policies are in a lapse or that they are only responsible only for a small proportion of the value of the claim. However, New York law has not established a clear rule regarding how to allocate liabilities when the alleged exposure occurs outside of the policy period of the insurer.

Asbestos-Related Illnesses

A wide range of asbestos-related diseases can develop because of exposure to the toxic mineral. The mesothelioma condition is the most severe. Many have died from mesothelioma. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques, and the pleural effusion.

Mesothelioma, a rare, but fatal illness, is caused by asbestos fibers which accumulate in the lungs. They then cause irritation to the linings of the ribcage (the pleura) as well as the chest cavity and abdominal cavity. The inhalation of these small fibers can result in scarring of the lungs, a condition known as asbestosis and occasionally, the formation of thickened patches on the pleura called pleural plaques or a more widespread fibrosis of the pleura known as diffused fibrisis. Pleural plaques and diffused fibrisis reduce lung capacity as determined by breathing tests. They can also cause pain and discomfort in breathing, but they do not lead cancer or mesothelioma.

The signs of asbestos-related illness typically are not evident until years after exposure. It can take as long as 50 years for asbestos fibers that are inhaled to cause lung damage. People at risk of developing mesothelioma lawsuit or other asbestos-related ailments include those who handled, laundered and removed asbestos-containing products from their workplaces, as well as spouses and children of those exposed to asbestos.

Other asbestos-related diseases apart from mesothelioma, include laryngeal carcinoma and lung cancer, peritoneal, ovarian, and peritoneal cancer. The most deadly form of mesothelioma is called ovarian cancer, but it's much 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. The symptoms can be similar to those of other illnesses.

Many companies employed asbestos during the 20th century. They knew it was hazardous. They exposed thousands of people to asbestos because they failed to remove it from their products. Now, those exposed are able to seek financial compensation. Many of the asbestos-related manufacturers have declared bankruptcy. In the aftermath, victims are able to seek the compensation they are entitled to from trust funds established by the bankruptcy courts.

Asbestos Litigation in New York

For decades, asbestos companies have put profits ahead of the security of their employees and consumers, producing dangerous products, without warning of the dangers. They are now confronting the consequences of their inattention. People whose lives have been disrupted by mesothelioma, lung cancer and other asbestos-related diseases are seeking fair and full settlement.

The attorneys at Belluck & Fox are dedicated to assisting families and individuals obtain the justice they deserve. Our lawyers have more than 25 years experience and have helped clients receive millions of dollars in compensation. Our New York mesothelioma lawyers work to hold large corporations responsible accountable and seek the maximum amount of compensation for our clients.

Many states have set up special asbestos courts in which claims can be filed and resolved more efficiently. In addition judges have created specific procedures to evaluate and resolve asbestos cases.

New York, a state with its own asbestos court (known as NYCAL) is one of the states. The caseload in this specialty court has increased steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who have gone bankrupt. The New York Supreme Court created an additional judicial board that will supervise NYCAL to stop the justice system from becoming overwhelmed.

A panel composed of six Supreme Court Judges will review each case to determine whether it should be accepted or not. Judges will also consider the merits of each claim to decide how much money a plaintiff should be awarded.

At present, the panel is reviewing more than 3,500 lawsuits. The panel is expected make a final decision at the end of this year.

New York asbestos lawsuits can be complicated and can involve multiple defendants. The lawyers at Belluck & Fox have extensive experience with the litigation of these complex cases. They are familiar with the rules, regulations, 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 also has extensive experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, attorneys develop strategies, coordinate and manage regional and local counsel and ensure consistent and cost-effective 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 skilled Tulsa asbestos defense lawyer will determine the best approach to defend a client in a claim for personal injury resulting from asbestos. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and distributors, contractors, and property owners on issues involving mesothelioma claims, lung cancer and other asbestos-related diseases. The firm works with clients to develop internal programs to identify and address potential safety and liability issues.

In addition to its asbestos practice in the national level, Bowles Rice serves as national Coordinating Counsel in multi-state asbestos litigation. In this role, Bowles Rice develops strategies for litigation and supervises regional and local counsel to ensure a consistent and cost-effective defense that is in line with the client's objectives. It also plays an important part in the administration and management of asbestos dockets aswell as negotiations with plaintiffs' lawyers and leading discovery for its client.

The firm's lawyers are skilled in defending clients from mesothelioma-related claims and other asbestos-related illnesses. Asbestos defense attorneys are familiar with the intricate scientific issues involved in these cases as and particular legal issues that arise while representing companies in state and federal courts throughout the United States.

Catherine has represented numerous manufacturers as the lead trial counsel in asbestos and personal injury lawsuits related to product liability and in consolidated cases that involve multiple claimants. She has a wealth of experience arguing asbestos-related lawsuits before federal and state courts, as well as various Supreme Court and appellate courts.

While at Brobeck, Vogel worked on asbestos cases, including those for respondents of the Asbestos Claims Facility in Northern California. The case files contained SEAR forms (Short Evaluative reports that are encapsulated) that contained confidential information about plaintiffs. These included medical reports as well as work histories and the list of asbestos-related products that plaintiffs used or worked near. Vogel was required to have a password to access the files and was able to go through the SEAR forms of any case at her current employer.

In addition to its extensive trial and appellate experience, the Bowles Rice Asbestos Team is acknowledged nationally 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. The firm also has extensive experience in defending businesses against appeals.