New York asbestos lawyers Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related disease with a long period of latency is the second most common mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports putting any respirable exposure below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can be a an enormous portion of total costs in asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. This is why it is essential for litigants to carefully research and vet potential experts prior to hiring them. Failure to do this can result in a shaky Daubert Challenge and lost cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma or lung cancer. They may claim compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are well-versed in the issues that arise. For example, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to lower the cost of trial. In addition courts frequently review their discovery procedures to ensure they are current and efficient.
In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by plaintiffs experts were not sufficient to establish causation in an asbestos case. The defendants appealed the case, and a decision is expected soon.
The court's decision is likely to have a profound impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms pepper daytime TV with advertisements urging people to file asbestos lawsuits, 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 related to the millions of dollars he earned by 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 the state 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 cause serious diseases such as mesothelioma or lung cancer. These diseases are aggressive, and they have a long latency time. This means that patients might not be suffering from symptoms until twenty or 25 years after the initial exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos lawyers exposure and avoid a recurrence of illness. In recent years the asbestos litigation scene has undergone several significant changes. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she had given 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 obtain summary judgment.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that was becoming popular in the court case and calling for plaintiffs to establish specific causation through sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are fraud or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related condition and the particular products that they were exposed to. In this case plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings provided by the defendant rather than general workplace exposure to asbestos lawsuit.
Causation
The most difficult challenge facing asbestos defendants is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing materials causes mesothelioma and various other illnesses, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to prevail on their claims.
This is a tough 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 that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.
Juni has imposed a substantial burden on defendants in NYCAL and could make them settle their claims for less than they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a lawsuit as well as the options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related illnesses.
New York State was the second most popular state for mesothelioma suits in the year 2019. It was the sole handler of 6% of all 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 have been workers or contractors who were exposed to asbestos as it was used in industrial processes.
The symptoms of mesothelioma don't typically evident until between 25 and 50 years after exposure. Many asbestos victims are fighting to get the compensation they require for medical expenses, lost wages and companionship loss, in addition to other damages.
While it is important to file a mesothelioma lawsuit in a timely manner, it is also crucial to work with an experienced mesothelioma lawyer who will assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC today to schedule a free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma, or another asbestos-related disease A successful lawsuit can pay your family members for their losses. Compensation could cover your medical bills, income loss due to being unable to work or take care of your home, pain and suffering, mental anguish and loss of quality of life as well as funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. Your lawyer can then file a civil lawsuit before the statute of limitations expires in your state.
The courts have dockets that are specially designed for asbestos cases that streamline the process. They accelerate trials for terminally ill plaintiffs and also group similar cases together. Additionally, the judges handling these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is served.
According to a recent study, New York City is the national center for asbestos litigation. Asbestos-related 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 cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
In addition to compensating the victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.
The NYCAL decision gives defendants the chance to avoid punitive damage awards. They were in danger of huge judgments in the past in the belief that their conduct was so egregious, that they would have to pay damages for punitive harm to deter other people from committing the same offense.
With the ruling in favor of plaintiffs, it is expected that a lot of the companies named as defendants will be disqualified. Even if they were dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be involved in.