Why We Why We Asbestos Defense Attorney And You Should Too

An Asbestos 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 who have been injured by exposure to this toxic mineral. Compensation can cover medical costs funeral and burial expenses, pain and suffering, and lost quality of life.

Our lawyers are national, regional and local counsel in massive toxic tort litigation. We are familiarized with the unique issues and complex scientific aspects that are associated with asbestos claim (on the main page) cases.

New York Asbestos Lawsuits

Asbestos fibers are deadly and can trigger serious medical conditions such as mesothelioma. A New York asbestos attorney is skilled in handling lawsuits seeking financial compensation for victims of asbestos exposure and their families. These cases can be complex, so it's important to have a mesothelioma attorney on your side.

New York has had a long history with asbestos litigation. Many residents were exposed to the dangerous substance. In recent years there are more lawsuits filed against former asbestos producers than ever before. These cases are a result of the recognition of a link between asbestos and diseases such as mesothelioma and lung cancer and asbestosis. These companies were aware the dangers that asbestos posed however, they failed to inform their employees and customers.

New York City is especially vulnerable to illnesses caused by asbestos because of its old structures and many construction sites. Brooklyn Navy Yard is a notoriously toxic area that continues affect the community around it.

Mesothelioma is triggered by direct exposure to asbestos and many workers were exposed to asbestos at work. However, some people are diagnosed with mesothelioma as a result of an exposure secondarily to the harmful substances. This includes spouses of asbestos-exposure workers who were wearing their husband's work clothes and came in contact with asbestos dust regularly.

Mesothelioma-related litigation can be expensive for defendants. This is especially the case if they were wrongly identified as defendants. According to a study, more that 3,600 lawsuits have been filed in New York courts since 2014, and the number could rise further. The asbestos law firms that specialize in asbestos often 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 associated with these cases by asserting that their policy periods have expired or they're only accountable for a small 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 within and outside the insurer's policy periods.

Asbestos-related Illnesses

A variety of asbestos-related illnesses can develop because of exposure to the harmful mineral. The most serious condition is mesothelioma. Mesothelioma has led to the deaths of many people. Other asbestos-related illnesses include lung cancer, asbestosis, pleural plaques and pleural effusion.

Mesothelioma is a rare, but fatal illness caused by exposure to asbestos fibers which accumulate in the lungs, and can cause irritation to the lining of the ribcage, chest cavity and abdominal cavity (the pleura). Inhaling these fibers can lead to scarring in the lungs, known as asbestosis. It can also result in thickened patches of pleura (pleural plaques) or an increased fibrosis. Pleural plaques or diffuse fibrosis can decrease lung capacity, as determined by a breathing test. They can also cause pain and difficulties in breathing, however they do not lead mesothelioma or cancer.

The majority of the time, signs of asbestos-related diseases do not appear until decades after the initial exposure. It can take up to 50 years for asbestos fibers that are inhaled to cause lung damage. People at risk of developing mesothelioma and other asbestos lawsuit-related diseases include those who handled, cleaned, and removed these materials from the workplace, as well as spouses and children of those exposed to asbestos.

Other asbestos-related diseases, in addition to mesothelioma include laryngeal carcinoma and lung cancer and 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 typically diagnosed later than other forms of mesothelioma because it develops in the tissue of the reproductive organs and symptoms can be similar to those of other diseases.

Many companies employed asbestos in the 20th century, but they knew that it was a risk. They exposed thousands of people to asbestos because they didn't remove asbestos from their products. The affected people are now able to claim financial compensation. Many asbestos-related companies are bankrupt. In the aftermath, victims can seek the money they are entitled to from trust funds set up by the bankruptcy courts.

Asbestos Litigation in New York

For decades, asbestos companies have placed profits over the safety of their employees as well as consumers by producing dangerous products, without warning of the dangers. They are now paying for their negligence. People who have suffered from life-altering issues caused by mesothelioma and lung cancer and other asbestos-related illnesses are seeking fair and full compensation.

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

Many states have created special asbestos settlement courts, where claims can be filed more efficiently. Judges have also established specific procedures to assess and resolve such cases.

New York is one such state with its own asbestos court known as NYCAL. The caseload in this specialty court has grown steadily, as more and more asbestos victims seek compensation from solvent asbestos defendants who have gone bankrupt. To ensure that the justice system isn't overwhelmed, the New York Supreme Court has ordered the creation of a special judicial panel to supervise NYCAL.

A panel of six Supreme Court judges will review every case in NYCAL to decide whether or not to accept it. Judges will also assess the merits of every claim to determine how much amount of money each plaintiff should receive.

The panel is currently examining more than 3500 lawsuits. The panel is expected issue its final ruling before the end of the year.

New York asbestos lawsuits can be complex and can involve several defendants. Belluck & Fox's lawyers have extensive experience in the litigation of these difficult cases. They are familiar with New York's asbestos courts as well as their rules, regulations and policies in addition to other jurisdictions in which they have handled multi-district litigation.

The firm also has vast experience as National Coordinating Counsel, representing clients in complex, multidistrict litigation. In this role, attorneys create strategies, coordinate and manage regional and local counsel and ensure consistent and cost-effective defenses for each client. They have collaborated closely with trial and coordination judges and special masters of litigation in various jurisdictions where they have been involved in asbestos litigation.

Representation of Plaintiffs

A Tulsa asbestos lawyer will decide which strategy is best to defend the client from an injury claim that involves asbestos. The Bowles Rice Asbestos Team counsels suppliers, manufacturers contractors, distributors, contractors, and property owners on matters involving claims of mesothelioma, lung cancer and other asbestos-related diseases. The firm also assists clients to develop internal programs for identifying and addressing safety and liability issues.

Bowles Rice, in addition to its asbestos practice across the country and multi-state asbestos litigation, serves as national Coordinating counsel. In this capacity, the firm develops litigation strategies, manages local and regional counsel, and provides a cost-effective and consistent defense in coordination with the client's goals. Additionally, it plays a key role in the management of asbestos dockets as well as negotiations with counsel for plaintiffs and lead discovery for its clients.

The firm's lawyers are skilled in defending clients against claims of mesothelioma and other asbestos-related illnesses. Asbestos defense attorneys are acquainted with the complex science that is associated with these cases, and the particular legal issues that arise when representing companies in state and federal courts across the United States.

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

While at Brobeck, Vogel worked on asbestos cases, including those of respondents in the Asbestos Claims Facility in Northern California. The case files included SEAR forms (Short Encapsulated Evaluative Reports) which contained confidential information about plaintiffs, including medical reports, a history of work and the list of asbestos-related products that the plaintiff worked with or around. Vogel was required to have an account password to access the files. She could then look over 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 well-known throughout the country for its ability to negotiate settlements on behalf of its clients. In this capacity, the firm works closely with the lawyers of plaintiffs in the preparation and execution of settlement agreements, and it has extensive experience defending companies against appeals.