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 very serious asbestos-related cancer with a long latency period is the second most frequent mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions will likely result in a large number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that put any exposure that is deemed to be respirable under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to support their clients their claims. Expert witness fees can be a an enormous portion of total cost of asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. This is why it is crucial for litigants to carefully examine and verify potential experts prior to their appointment. In the absence of this, it could 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-related diseases, such as mesothelioma and cancer of the lung. These workers 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. The courts, for example speed up trials in cases of patients who are terminally ill and consolidate cases when necessary to reduce trial costs. The courts also review their discovery procedure to ensure that it is effective and up-to date.
In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made from plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the decision, and the decision is expected to be made soon.
The court's ruling is expected to have an impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding daytime television with commercials which encourage asbestos victims to file lawsuits, promising massive 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 relating to the millions he earned by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers must continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are increasing and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the amount of compensation you are due.
Asbestos exposure often leads to serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive and have a long latency period, meaning that victims may start experiencing symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of illnesses. There have been a number of significant changes in the asbestos litigation scene in recent years. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos attorneys claims brought by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His rulings have made it more difficult for defendants to get the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific explanation by their experts. This ruling gives New York asbestos defense attorneys an effective tool to defend against allegations of fraudulent and speculative claims.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related disease and the particular products that they were exposed to. This decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific friction materials and linings which were supplied by the defendant, not general exposure to asbestos in the workplace.
Causation
The most difficult challenge facing asbestos defendants is the need to prove causation. There is a consensus that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However the law requires plaintiffs to be able to prove specific exposure to certain products manufactured by certain defendants to be successful.
This is a tough standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles outlined in this case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causality.
Juni has placed a heavy burden on defendants and could make them settle their claims at an amount lower than what 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 jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims were workers or contractors exposed to asbestos in industrial settings.
The signs of mesothelioma generally are not evident until the age of 25 to 50 years after initial exposure. Many asbestos patients are fighting for the compensation they need to cover medical expenses loss of wages, companionship loss, in addition to other damages.
It is crucial to file your mesothelioma lawsuit in a timely manner, but it is also vital to work with a mesothelioma lawyer who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to schedule a free no-obligation consultation. Your attorney can help determine if you're qualified to receive financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or any other asbestos-related disease, a successful lawsuit could provide your family with compensation for their losses. Compensation may cover medical bills, lost wages due to inability to work, home-care expenses, mental anguish and suffering loss of quality funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. After that, your lawyer will file a lawsuit in civil court before the state's time limit expires.
The courts have specialized dockets for asbestos cases to streamline the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the increasing risk of asbestos exposure.
According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
These lawsuits seek to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They faced the prospect of large judgments in the past, in the belief that their conduct was so egregious, that they would have to pay punitive damages to discourage others from following suit.
With the ruling in favor of plaintiffs, it is likely that a lot of the companies that were named as defendants will be disqualified. This is because even if they're dismissed, they will have to spend money on legal costs to defend a case that they did not deserve to be involved in.