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 a serious asbestos-related illness with prolonged latency.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in a significant number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that place any respirable exposure under an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys (visit the next document) rely heavily on the testimony of experts to support their client's claims. Asbestos litigation can be extremely expensive, and expert witness fees account for a significant percentage of total case costs. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants carefully examine and verify potential experts in advance. In the absence of this, it could result in a shaky Daubert Challenge and lost cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, like mesothelioma and lung cancer. They can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a common occurrence in New York, and judges are familiar with the issues involved. For instance, courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce costs for trial. The courts also periodically examine their discovery procedures to ensure that they are efficient and up-to date.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish causation. The case was appealed by defendants, and a ruling is expected in the near future.
The court's decision is likely to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that encourage asbestos victims to file suits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he made from directing asbestos cases towards his firm.
In addition to these legal developments, New Yorkers must continue to be aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are on rise, and New York is among the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can help you receive the compensation that you deserve.
Asbestos exposure can lead to serious diseases, including mesothelioma and cancer of the lung. These diseases are aggressive and have a long period of latency which means that patients may only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to protect themselves against asbestos lawyer exposure and avoid a recurrence of illness. In recent years, the asbestos litigation landscape has undergone several significant changes. The most significant change came in 2015 when the political establishment was shaken to the core by the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions of referral fees.
The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it more difficult for defendants to get summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it demanded plaintiffs prove causation using sufficient scientific proof from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be false or speculative.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. In this case, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials causes mesothelioma and other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to be successful in their claims.
This is a tough standard to meet, especially in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from 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 friction products containing asbestos was not enough to satisfy specific causality under Nemeth.
Juni has placed a huge burden on defendants and could force them pay an amount lower than they are entitled. A mesothelioma lawyer from NYC can explain the advantages 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 jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.
The symptoms of mesothelioma usually do not appear until 25 to 50 after the initial exposure. Many asbestos patients are fighting to receive the compensation they need for medical expenses, lost wages and companionship loss, in addition to damages.
While it is essential to start a mesothelioma lawsuit in a timely manner, it is also crucial to work with an experienced mesothelioma attorney who can assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment, no-obligation. Your attorney can discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or any other asbestos-related illness A successful lawsuit can compensate your family for your losses. Compensation could pay for medical bills, income loss due to being unable to work and home care expenses as well as pain and suffering, mental anguish and loss of quality of life and funeral and burial costs. An experienced New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. Your lawyer can then bring a civil suit before the statute of limitations runs out in your state.
The courts are well-versed in asbestos lawsuits, and have specialized dockets to help simplify the process. They speed up trials for plaintiffs who are terminally ill and group similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the increased risk of asbestos exposure.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related 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 cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
In addition to compensating victims of mesothelioma and other asbestos-related illnesses These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants hope that they will avoid punitive damage awards. Previously, they had been facing the prospect of huge judgments in these cases, according to the popular belief that their conduct was so egregious that they should be forced to pay punitive damages to prevent others from following their lead.
With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases can expect to be dismissed in a significant percentage of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case they didn't deserve to be involved in.
