10 Quick Tips About Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency periods.

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions are likely to result in a large number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that put any exposure that is deemed to be respirable under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation is expensive and expert witness costs represent a significant proportion of the total costs. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. This is why it is essential for litigants to carefully study and evaluate potential experts prior to hiring them. Failure to do this could result in a sham Daubert contest and a loss of cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and lung cancer. They may claim compensation from the companies who exposed them to asbestos.

asbestos attorney lawsuits are a regular in New York, and judges are well-versed in the issues involved. The courts, for instance expedite trials for seriously ill plaintiffs and combine cases when necessary to cut down on trial costs. Additionally courts frequently review their discovery procedures to make sure they are up-to-date and effective.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove the causality. The case was appealed by the defendants, and a ruling is expected to be issued soon.

The court's decision is likely to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by the asbestos cases he directed to their firm.

New Yorkers must continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on increase, and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney - inquiry - can help you receive the compensation that you deserve.

Asbestos exposure is often the cause of serious diseases, including mesothelioma and cancer of the lung. These diseases are aggressive, and they have a long period of latency. This means that victims might not be developing symptoms until twenty or 25 years after the initial exposure. There are steps that workers can take to avoid asbestos exposure and a subsequent illnesses. In recent years the asbestos litigation landscape has seen major changes. The most significant change occurred in 2015, when New York's political establishment was shaken to its core following the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His decisions have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was prevalent in the litigation. Instead it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim to be speculative or fraudulent.

In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related illness and the specific products they were exposed to. In this decision plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma and other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to be successful in their claims.

This is a challenging standard to meet, especially in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants, and could make them pay a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular state for mesothelioma suits in the year 2019. It was the sole handler of 6percent of all national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of those affected are contractors or workers who were exposed to asbestos when it was used in industrial applications.

The signs of mesothelioma typically don't manifest until between 25 to 50 after the initial exposure. Many asbestos patients are fighting for the compensation they deserve to cover medical expenses, lost wages and companionship loss, among other damages.

It is important to file your mesothelioma suit promptly however, it is important to consult a mesothelioma lawyer who can help you seek the most monetary restitution. Contact a mesothelioma lawyer from NYC today to schedule your free no-obligation consultation. Your lawyer can assist determine if you're eligible to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related illness A successful lawsuit can pay your family members for their losses. Compensation could cover your medical bills, lost income from being unable to work and home care expenses, pain and suffering, mental anxiety, loss of quality of life and funeral and burial expenses. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts have dockets that are specially designed for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. Judges who handle these cases have been trained to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a study conducted recently, New York City is the national center for asbestos litigation. asbestos lawsuit victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to compensating the victims of mesothelioma and other asbestos-related illnesses the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are granted in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.

However the NYCAL decision offers defendants a glimmer of hope in their battle to stay clear of punitive damages. They were in danger of huge judgments in the past with the theory that their conduct had been so bad that they would have to pay punitive damage awards to discourage others from following suit.

With the decision in favor of plaintiffs, it is expected that a lot of the companies that were named as defendants will be disqualified. This is because even if they get dismissed, they'll be required to pay legal costs to defend a case that they didn't deserve to be involved in.