Asbestos Litigation 10 Things I d Like To Have Known Earlier
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related illness with a long latency period is the second most common mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions are likely to have a major impact on the defense of asbestos attorneys lawsuits. These decisions could result in a large number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that place any respirable exposure under an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can account for an enormous portion of total cost of asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to confront an expert, and experts can charge thousands of dollars per day. It is crucial that litigants carefully study and evaluate potential experts prior to interviewing them. Failure to do this could result in a failure of the Daubert challenge or losing cases.
New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma and lung cancer. Anyone who has suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for instance expedite trials for terminally ill plaintiffs and consolidate cases when necessary to cut down on the cost of trial. The courts also regularly review their discovery procedure to ensure that they are efficient and up-to-date.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causality. The defendants appealed the case and the decision is expected to be made soon.
The court's decision is expected to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he earned by the asbestos cases he directed to their firm.
In addition to these legal developments, New Yorkers should continue to be aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are on increase and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the amount of compensation you are due.
Asbestos exposure can lead to serious illnesses, such as mesothelioma and lung cancer. These diseases are agressive and have a long latency period which means that the victims could be feeling symptoms as recent as 20 or 25 years after their first exposure. There are steps that workers can take to avoid asbestos exposure and the development of a future illness. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant change occurred in 2015 in which the New York political establishment was shaken to its foundation following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
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 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 heavy burden on defendants, making it almost impossible for them to get summary judgment.
In Juni, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that was becoming popular in the litigation and insisting that plaintiffs prove the causation of their claims with sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim to be speculative or fraudulent.
In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal connection between asbestos lawyer-related diseases and products to which they were exposed. In this decision, 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 significant challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing substances can cause mesothelioma, among other diseases, however, the law requires plaintiffs to prove the specific exposure to products produced by particular defendants to prevail on their claims.
This is a challenging standard to achieve, particularly in NYCAL where one judge is in charge of 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 this case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causality.
Juni has placed a significant burden on defendants, and could make them settle their claims at an amount lower than they are entitled. A mesothelioma attorney in NYC will explain the benefits of filing a suit and your options for restitution in the event that you're diagnosed with mesothelioma, or other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019, and it handles about 6% of the national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos when it was employed in industrial applications.
The signs of mesothelioma generally don't manifest until between 25 to 50 after the initial exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses, lost wages and companionship loss, in addition to damages.
It is important to file your mesothelioma suit in a timely manner, but it is also essential to work with an attorney for mesothelioma who can help you seek the maximum financial restitution. Contact a mesothelioma attorney from NYC to schedule a free appointment that is no-obligation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.
Damages
If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit may compensate your family for your losses. Compensation can cover medical bills and lost wages resulting from inability to work, home care expenses, mental anguish and suffering loss of quality, funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After that, your lawyer will bring a lawsuit in civil court before the state's statute of limitations runs out.
The courts are well-versed in asbestos lawsuits, and have specialized dockets to help streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. Additionally the judges who handle these cases are aware of the increased risks 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 a rare, incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
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. They are designed to deter the defendant's conduct in the future and deter others from taking part in a similar action.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. They had the possibility of huge judgments in the past, in the belief that their conduct had been so bad that they had to pay damages for punitive harm to discourage others from following their example.
With the decision in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a substantial proportion of their cases. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case that they didn't have a right to be in.