"Ask Me Anything:10 Answers To Your Questions About Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long latency period, is the second most prevalent mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions are likely to result in a significant number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that put any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients claim. Asbestos litigation is expensive and expert witness fees account for a significant percentage of total case costs. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough research and vet possible experts prior to contacting them. Failure to do this can result in a shaky Daubert Challenge or losing cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos attorneys-related illnesses, including mesothelioma and lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are aware of the issues that arise. For instance, the courts speed up trials for patients, and often consolidate cases to lower trial expenses. The courts also regularly review their discovery process to ensure that it is effective and up-to-date.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by plaintiffs experts were not sufficient to establish the causality in an asbestos case. The case was appealed by defendants, and a ruling is expected soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with advertisements urging people to file asbestos lawsuits, promising giant settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges related to the millions of dollars he earned by directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers must continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits have been increasing and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the compensation you're due.
Asbestos exposure can lead to serious diseases like mesothelioma and lung cancer. These diseases are aggressive and have a long latency period which means that the victims could be feeling symptoms as recent as 20 or 25 years after the initial exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and prevent future illness. There have been a number of significant changes in the asbestos litigation scene in recent years. The most significant change occurred in 2015 in which the New York political establishment was shaken to its core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made millions in referral fees.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.
In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that had become fashionable in the litigation, and requiring plaintiffs to prove specific causation by proving it through scientific explanation by their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against allegations of fraudulent and speculative claims.
In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. This decision places plaintiffs with the responsibility to establish that their disease was caused by specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants will need to prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing materials can cause mesothelioma and other diseases, however, the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order to be successful in their claims.
This is a challenging standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles outlined in the case. In 2016, the First Department in Matter of NYC asbestos lawyers Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to satisfy specific causality under Nemeth.
Juni has placed a huge burden on defendants and may make them to settle their claims for less than they are entitled. A mesothelioma attorney in NYC can explain the benefits of filing a lawsuit as well as the options for restitution financial if you are diagnosed with mesothelioma or other asbestos-related diseases.
New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of about 6% of the asbestos litigation in the nation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos as it was used in industrial processes.
Symptoms of mesothelioma are not usually evident until 25 to 50 years after the first exposure. Many asbestos victims are now fighting to get the compensation they need to cover medical costs as well as lost wages, loss of companionship, and other damages.
It is important to file your mesothelioma lawsuit in a timely manner however, it is important to consult an attorney for mesothelioma who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your lawyer can assist determine if you're qualified to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home care expenses, mental stress and pain, loss of quality funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.
The courts have specialized dockets for asbestos cases to streamline the process. They accelerate trials for plaintiffs with terminal illnesses and also group similar cases together. In addition the judges who decide these cases are aware of the heightened risks associated with asbestos attorney exposure and are trained to ensure justice is done.
According to a study that was conducted recently, New York City is the national hub for asbestos litigation. Asbestos-related victims received 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 filed against companies that exposed workers to asbestos attorneys fibers have led to compensation for victims.
These lawsuits aim to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. These lawsuits seek punitive damages awards 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 the chance to stay clear of punitive damages. They were in danger of huge judgments in the past, in the belief that their conduct had been so bad that they had to pay punitive damage awards to discourage others from following their example.
With the decision in favor of plaintiffs, it is expected that a lot of the companies that were named as defendants will be dismissed. Even if they are dismissed however, they will still need to pay legal fees to defend a case that they didn't have a right to be involved in.
