10 Tips For Getting The Most Value From Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency periods.
Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motion practice focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation can be very expensive and expert witness fees represent a significant proportion of total case costs. Both sides could spend hundreds of hours in preparation 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 failed Daubert Challenge and losing cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma as well as lung cancer. Anyone who has suffered from these ailments can recover compensation from the companies that exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for instance, expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce trial costs. In addition the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and efficient.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causation. The case was appealed by the defendants, and a decision is expected soon.
The court's decision is expected to have a profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers must remain alert to asbestos exposure at work and in their communities. Asbestos lawsuits are increasing and New York is among the top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure can lead to serious illnesses, such as mesothelioma as well as lung cancer. These diseases are aggressive, and they have a long time to develop. This means that patients may not be developing symptoms until 20 or 25 years following their first exposure. There are steps that workers can take to protect themselves against asbestos exposure and avoid future 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 corruption charges. Silver's convictions for corruption stemmed from his shady 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 long-time head 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 filed by Weitz & Luxenberg. In the aftermath of this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to get summary judgement.
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 calling for plaintiffs to establish the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York Asbestos Attorneys (Botdb.Win) a powerful weapon to defend against allegations that claims are false or speculative.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal connection between asbestos-related illnesses and the products to which they were exposed. This decision places plaintiffs with the obligation to establish that their disease was caused by specific friction materials and linings that were provided by the defendant, and not general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing materials can cause mesothelioma, among other diseases, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to prevail on their claims.
This is a challenging standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles of the case. In 2016, for instance, the First Department in Matter of NYC asbestos lawyer Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.
Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims for less than they are entitled to. A mesothelioma attorney in NYC will explain the benefits of filing a suit and your options for financial restitution if you're 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 is responsible for about 6% of the national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. Most of the victims are contractors or workers who were exposed to asbestos as it was used in industrial processes.
The signs of mesothelioma aren't typically evident until 25 to 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they require to cover medical expenses, lost wages and companionship loss, in addition to other damages.
While it is important to file a mesothelioma lawsuit promptly, it is also crucial to consult with a knowledgeable mesothelioma lawyer who will help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC today to schedule your 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 any other asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation can cover medical expenses, lost income due to being unable to work and home care expenses as well as pain and suffering mental anxiety and loss of quality of life and funeral and burial expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. After that, your lawyer can start a civil lawsuit in court before the statute of limitations expires.
The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They speed up trials for plaintiffs who are terminally ill and also group similar cases together. In addition the judges who decide these cases are aware of the increased risk of asbestos exposure and are trained to ensure that justice is served.
According to a recent study, New York City is a national hub 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, incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
These lawsuits are designed to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards, which are 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 hope that they will avoid punitive damages. Prior to this, they been facing the prospect of huge judgments in these cases, according to the prevalent view that their conduct was so egregious that they had to pay punitive damages to deter others from following suit.
With the ruling in favor plaintiffs, it is likely that many of the companies that were named as defendants will be disqualified. Even if they are dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be involved in.