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 disease that is serious and has long latency times.

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions will likely result in a significant number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an exposure threshold in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients their claims. Asbestos litigation can be extremely expensive and expert witness costs make up a significant portion of total case costs. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. It is crucial that litigants conduct thorough examine and verify potential experts prior to interviewing them. Failure to do this could result in a failure of the Daubert challenge and lost cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos lawyers-related diseases, such as mesothelioma and lung cancer. These workers can claim compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are familiarized with the issues. For instance, courts speed up trials for patients, and often consolidate cases to lower trial expenses. In addition courts frequently review their discovery procedures to ensure they are current and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish the causality. The case was appealed by defendants, and a ruling is expected in the near future.

The court's decision is expected to have a significant impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding the daytime TV with ads which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers who have paid 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 earned by directing asbestos cases to his firm.

New Yorkers should continue to be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in receiving the compensation you deserve.

Asbestos exposure can lead to serious diseases such as mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency which means that patients may start suffering from symptoms as recently as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid future disease. In recent years the asbestos litigation scene has seen a number of major changes. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal charges of corruption. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amidst reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have placed a significant burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that had become fashionable in the litigation, and requiring plaintiffs to prove specific causation by proving it through scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against allegations that claims are speculative or fraudulent.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish a specific causal link between their asbestos-related illness and the specific products they were exposed to. In this ruling, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant rather than general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing asbestos defendants is the need to prove causation. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products manufactured by certain defendants to be considered valid.

This is a challenging standard to meet, particularly in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles outlined in the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos lawyer-containing friction products was not sufficient under Nemeth to establish a specific causation.

Juni has put a huge burden on defendants in NYCAL and could make them settle their claims for less 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 handles 6% of national asbestos lawsuit litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were workers or contractors exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically apparent until between 25 and 50 years after the first exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses as well as lost wages and companionship loss, in addition to damages.

It is important to file your mesothelioma claim promptly, but it is also vital to work with a mesothelioma lawyer who can assist you in obtaining the most monetary restitution. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your attorney can discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or a similar asbestos-related condition A successful lawsuit could pay for the losses of your family. Compensation can cover medical bills, lost income from being unable to work or take care of your home as well as pain and suffering mental anxiety and loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After that, your lawyer will file a lawsuit in civil court before your state's time limit expires.

The courts have specialized dockets for asbestos cases to streamline the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. In addition, the judges handling these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure that justice is served.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

These lawsuits are designed to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages, which are given in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from taking part in the same course of action.

The NYCAL decision gives defendants hope that they can avoid punitive damages. Prior to this, they been facing the prospect of huge judgments in these cases according to the popular belief that their conduct was so egregious that they had to pay punitive damages to prevent others from following suit.

With the decision in favor of plaintiffs, it is likely that many of the businesses named as defendants will be disqualified. Even if they were dismissed however, they will still need to pay legal fees to defend a case that they didn't have a right to be in.