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 on test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a a large percentage of the total costs involved in asbestos litigation. Lawyers on both sides could spend hours in preparation to question an expert, while experts can charge thousands of dollars per day. Therefore, it is essential for litigants to carefully examine and verify potential experts prior to hiring them. Failure to do so can result in a failed Daubert challenge and lost cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, like mesothelioma and lung cancer. They may seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are common in New York and the judges are knowledgeable about the issue. For instance, courts speed up trials for sick plaintiffs, and they often consolidate cases to lower costs for trial. Additionally, courts regularly review their discovery procedures to make sure they are current and efficient.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove the causality. The case was appealed by defendants, and a ruling is expected in the near future.
The court's decision is expected to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding daytime television with commercials which urge victims to file asbestos suits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made from directing asbestos cases to his firm.
New Yorkers should continue to be vigilant at work, and communities about asbestos exposure. Asbestos-related lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in receiving the amount of compensation you are due.
Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These diseases are agressive and have a long period of latency, meaning that victims may only have begun suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to protect themselves against asbestos lawsuits exposure and avoid a recurrence of illness. In recent years the asbestos litigation scene has seen a number of significant changes. The most significant change occurred in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working for 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 director of the NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it more difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the cumulative exposure theory that was popular in the litigation. Instead it required that plaintiffs establish a specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be false or speculative.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. This decision places on plaintiffs the obligation to establish that their disease was caused by the specific linings and friction materials which were supplied by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma and other diseases, however, the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to prevail on their claims.
This is a tough standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of this case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.
Juni has placed a significant burden on defendants, and could make them pay less than what they are entitled to. A mesothelioma attorney in NYC will explain the benefits of filing a lawsuit as well as your options for financial restitution if you're diagnosed with mesothelioma, or other asbestos-related diseases.
New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees who were exposed to asbestos because it was being used in industrial processes.
The symptoms of mesothelioma don't usually evident until between 25 and 50 years after exposure. Many asbestos victims are fighting for the compensation they deserve to cover medical expenses, lost wages and companionship loss, in addition to other damages.
While it is essential to file a mesothelioma lawsuit promptly however, it is equally important to consult with a knowledgeable mesothelioma lawyer who can help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your lawyer can assist you determine if you're eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit can pay for the losses of your family. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental stress and suffering loss of quality, funeral and burial costs, as well as other expenses. An experienced New York asbestos attorneys lawyer will investigate the responsible parties to gather evidence and prove your claim. Your lawyer will then file a civil lawsuit before the statute of limitations runs out in your state.
The courts have specialized dockets for asbestos cases in order to speed up the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. Additionally the judges who handle these cases are aware of the higher risk of asbestos exposure and are trained to ensure justice is served.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have led to compensation for victims.
These lawsuits are designed to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from participating in the same course of action.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. They had the possibility of massive judgments in the past in the belief 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 likely that many of the companies that were named as defendants will be disqualified. This is because even if they're dismissed, they will still have to spend money on legal fees to defend a case that they did not merit to be involved in.
