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 protect those whose financial security has been affected by exposure to the toxic mineral. Compensation can cover medical expenses, funeral and burial expenses as well as pain and suffering and loss of quality of life.

Our lawyers are national, regional and local counsel in massive toxic tort litigation. We are well-versed in the unique issues and complex aspects of science associated with asbestos cases.

New York Asbestos Lawsuits

Asbestos is a deadly fiber that can cause a variety of severe medical conditions, such as mesothelioma. A New York asbestos attorney is experienced in dealing with lawsuits that seek financial compensation for victims of asbestos exposure and their families. These cases can be extremely complex and it is crucial to have an experienced mesothelioma lawyer on your side.

New York has had a long history of asbestos litigation. Many residents were exposed to this hazardous substance. In recent years, there are more lawsuits filed against former asbestos producers than ever before. These cases result from the recognition of a connection between asbestos and diseases such as mesothelioma, lung cancer and asbestosis. These companies were aware of the dangers associated with this asbestos-containing mineral, yet they did not warn their employees and clients.

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

Many workers were exposed to asbestos in their work environments. Secondhand exposure can also lead to mesothelioma. This includes spouses of asbestos-exposed workers who had their husbands' work clothes and came into contact with asbestos dust regularly.

The mesothelioma lawsuit can be costly for defendants, particularly when they are incorrectly named as a defendant. According to an investigation, more than 3,600 lawsuits have been filed in New York courts since 2014 and the number is expected to increase further. This niche litigation is often driven by asbestos law firms that promote on daytime television and encourage victims to file claims with the promise of large settlements.

The defendants might be able to reduce some of the costs of these cases by arguing that their policies are in a lapse or that they are only responsible for a small portion of the amount claimed. However, New York law has not provided a definitive rule regarding how to allocate liabilities when the alleged exposure occurs partly in and out of the insurance company's policy.

Asbestos-Related Diseases

Exposure to asbestos can trigger many different diseases. The most serious condition is mesothelioma. Mesothelioma has caused the death of many people. Other asbestos-related diseases include lung cancer asbestosis, pleural plaques and the pleural effusion.

Mesothelioma, a rare, but fatal illness is caused by asbestos fibers that collect in the lungs. They then cause irritation to the linings of the ribcage (the pleura), chest cavity, and abdominal cavity. Inhaling asbestos fibers can cause scarring in the lungs, known as asbestosis. It can also result in thickened pleura patches (pleural plaques) or a more extensive fibrosis. Pleural plaques or diffuse fibrosis may decrease lung capacity, as determined by a breathing test. They can also cause pain and difficulty in breathing, however they are not the cause of cancer or mesothelioma.

Often, symptoms of asbestos-related diseases don't manifest until decades after initial 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 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 asbestos-related exposure.

In addition to mesothelioma, other asbestos-related illnesses include laryngeal cancer, lung cancer, peritoneal mesothelioma, and mesothelioma ovarian. The most dangerous form of mesothelioma is called ovarian cancer, however it is less frequent than the general mesothelioma. It is diagnosed later than most other types of mesothelioma, because it develops within the linings of 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. If they didn't remove asbestos from their products thousands of people were exposed. Now, these people are able to claim financial compensation. Many asbestos-related companies are bankrupt. The victims can now seek compensation from the trust funds set up by bankruptcy courts.

Asbestos Litigation in New York

For decades, asbestos law companies have put profits ahead of the security of their employees and consumers, producing dangerous products, without warning of the risks. They are now paying the price for their negligence. Victims of asbestos-related illnesses such as mesothelioma and lung cancer are seeking fair and complete compensation.

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

Many states have set up special asbestos courts where 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 which has its own asbestos court (known as NYCAL), is one of them. The number of cases filed in this court has grown steadily, as increasing numbers of asbestos victims seek compensation from solvent asbestos defendants who have become bankrupt. The New York Supreme Court created an extra judicial board to oversee NYCAL in order to prevent the justice system from becoming overwhelmed.

A panel of six Supreme Court judges will review each case in NYCAL to decide whether to accept or reject it. Judges will also consider the merits of each claim to determine how much money each plaintiff should receive.

The panel is currently studying more than 3,500 lawsuits. The panel is expected make a final decision before the end of the year.

New York asbestos lawsuits can be complicated and involve several defendants. Belluck and Fox's lawyers have a wealth of experience in litigating these complex issues. They are well-versed in the rules regulations, policies, and procedures 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 nationwide in multi-district, complex litigation. In this role lawyers devise strategies, oversee regional and local counsel, and ensure consistent and efficient defenses for clients. They have collaborated closely with coordinating and trial judges and litigation special masters in various jurisdictions in which they have been involved in asbestos litigation.

Representation of Plaintiffs

A skilled Tulsa asbestos defense lawyer will determine the best way to defend a client from an asbestos-related personal injury claim. The Bowles Rice Asbestos Team advises product manufacturers, suppliers and contractors, distributors and property owners on issues that involve mesothelioma claims, lung cancer and other asbestos-related illnesses. The firm collaborates with clients to develop internal programs to identify and address potential safety and liability concerns.

Bowles Rice, in addition to its asbestos practice in the national level and multi-state asbestos litigation, is also the national Coordinating Counsel. In this role, the firm develops litigation strategies, manages regional and local counsel and ensures a consistent and cost-effective defense in coordination with client objectives. It also plays a major role in the administration and management of asbestos dockets as well as negotiations with plaintiffs' lawyers and coordinating 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 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 counsel in asbestos and product liability personal injury lawsuits as well as in consolidated cases that involve multiple claimants. She has a wealth of experience arguing asbestos-related cases in federal and state courts as well as before a variety of supreme and appellate court bodies.

While at Brobeck, Vogel handled asbestos cases for respondents, including those in the Asbestos Claim Facility in Northern California. The case files included SEAR forms (Short Evaluative Reports Encapsulated) that contained confidential information about the plaintiffs. The files contained medical reports as well as work histories and an inventory of asbestos-related products that plaintiffs worked with or near. Vogel was required to use access to these files and could go through the SEAR forms of any case with her current employer.

The Bowles Rice Asbestos Team, in addition to its extensive experience in appellate and trial work, is widely acclaimed for its ability to successfully negotiate settlements for its clients. The firm has worked closely with plaintiffs' lawyers to develop and execute settlement agreements. The firm also has extensive experience defending businesses against appeals.