New York Asbestos Litigation

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

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in a large number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as 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 support their client's claims. Expert witness fees can make up a a large percentage of the total cost of asbestos litigation. Lawyers on both sides could spend hours prepping to interview an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough study and evaluate potential experts prior to interviewing them. If they don't, it could result in a failed Daubert Challenge and losing cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related diseases, such as mesothelioma and lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are a regular in New York, and judges are familiar with the issues involved. For example, the courts expedite trials for terminally ill plaintiffs, and they often consolidate cases to reduce trial expenses. The courts also regularly review their discovery process to ensure that they are efficient and current.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove the causality. The case was re-argued by defendants, and a decision is expected in the near future.

The court's decision is expected to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads which urge victims to file asbestos suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by sending asbestos cases to their firm.

New Yorkers must continue to be aware in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the rise and New York is one of top jurisdictions in mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're due.

Asbestos exposure can cause serious illnesses like mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency which means that patientscific friction materials or linings offered by the defendant, not general workplace exposure to asbestos.

Causation

The defendants must prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma and other illnesses, but 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 achieve, particularly 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 from the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to satisfy specific causality under Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing a lawsuit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles 6% of national asbestos lawyers litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims have been workers or contractors who were exposed to asbestos because it was being used in industrial applications.

The signs of mesothelioma typically do not appear until 25 to 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they require to cover medical expenses loss of wages, companionship loss, among other damages.

It is crucial to file your mesothelioma suit in a timely fashion however, it is important to consult mesothelioma lawyers who can help you seek the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a free, no-obligation appointment. Your lawyer can help you determine if you are qualified for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation may cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and pain loss of quality, funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawyers lawsuits, and have dockets that are specifically designed to streamline the process. They speed up trials for plaintiffs with terminal illnesses and put similar cases together. The judges handling these cases are trained to ensure justice and are aware of the increased risk of asbestos exposure.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating victims of mesothelioma and the other asbestos-related illnesses the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are designed to deter the defendant's conduct in the future, and discourage others from engaging in a similar action.

However, the NYCAL decision gives defendants a glimmer of hope in their fight to stay clear of punitive damages. They were in danger of large judgments in the past on the basis that their conduct had been so indecent that they should pay damages for punitive harm to deter other people from following their example.

With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases are likely to be dismissed in a substantial percentage of their cases. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case that they didn't have a right to be involved in.