Incontestable Evidence That You Need 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 will have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motions focusing on the defendant's fiber/cc test as well as expert reports placing any exposure that is deemed to be respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to back their clients claim. Expert witness fees can account for an enormous portion of total costs involved in asbestos litigation. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. For this reason, it is important for litigants to carefully research and vet potential experts prior to their appointment. Failure to do this can result in a failure of the Daubert Challenge or losing cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos attorney. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma as well as lung cancer. Anyone who has been affected by these diseases can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular occurrence in New York, and judges are familiar with the issues involved. For example, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to reduce the cost of trial. Additionally courts frequently review their discovery procedures to make sure they are up-to-date and effective.

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 defendants filed an appeal and a decision is expected in the near future.

The court's decision is expected to impact asbestos litigation across New York. Mesothelioma lawyers have been bombarding the daytime TV with ads which urge victims to file asbestos lawsuits, promising massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he made from directing asbestos cases to his firm.

New Yorkers should be vigilant at work and in their communities regarding asbestos exposure. Asbestos-related lawsuits are on the increasing and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer (Suggested Web page) 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 agressive and have a long time of latency which means that the victims could be feeling symptoms as recent as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future illnesses. A number of major changes have taken place in the asbestos litigation landscape in recent years. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction on federal charges of corruption. Silver's convictions for corruption stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned 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. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His decisions have put a huge burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative exposure theory that was popular in the court case and insisting that plaintiffs prove specific causation by proving it through scientific evidence from their experts. This decision gives New York asbestos defense attorneys the ability to defend against allegations of fraudulent and speculative claims.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related condition and the specific substances they were exposed to. This decision places on plaintiffs the obligation to establish that their disease was caused by the specific linings and friction materials that were provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing defendants in asbestos cases is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products made by certain defendants to be considered valid.

This is a tough standard to meet, 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 struggle to apply the rules from that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to prove the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants in NYCAL and may force them to settle their claims for less than what they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit as well as your options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related illnesses.

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

The symptoms of mesothelioma don't typically evident until 25 to 50 years after exposure. Many asbestos patients are battling to obtain the compensation they need to cover medical costs and lost wages, as well as loss of companionship, and other damages.

While it is crucial to make a mesothelioma claim promptly however, it is equally important to partner with a seasoned mesothelioma lawyer who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma lawyer in NYC to set up a free, no-obligation appointment. Your attorney can discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit may pay your family members for their losses. Compensation could cover medical expenses as well as lost wages due to inability to work, home-care expenses, mental stress and pain, loss of quality funeral and burial costs, and other expenses. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts have specialized dockets for asbestos cases to streamline the process. They speed up trials for plaintiffs with terminal illnesses and put similar cases together. Judges who handle these cases have been instructed to ensure justice and are aware of the increased dangers associated with asbestos.

According to a recent study, New York City is the nation's hub for asbestos attorneys litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.

These lawsuits aim to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.

However the NYCAL decision gives defendants the chance to have a shot of hope in their struggle to stay out of punitive damages. They had the possibility of huge judgments in the past, on the basis that their conduct had been so bad that they should pay punitive damages to discourage others from following suit.

With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a significant percentage of their cases. Even if they are dismissed however, they will still need to pay legal fees to defend a case that they didn't deserve to be in.