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, a serious asbestos-related disease 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 significant impact on the defense of asbestos lawsuits. These decisions could result in a number of summary judgment motions based on defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be very expensive, and expert witness fees account for a significant percentage of total case costs. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. This is why it is important for litigants to examine and verify potential experts in advance. In the absence of doing so, it could result in a sham Daubert challenge or losing cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma or lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. For instance, courts expedite trials for terminally ill plaintiffs, and they often combine cases to cut down on trial expenses. The courts also regularly review their discovery procedure to ensure that they are effective and up-to-date.

In a landmark 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 then appealed by defendants, and a ruling is expected in the near future.

The court's decision is expected to impact asbestos litigation throughout New York. Currently, specialized mesothelioma law firms pepper daytime TV with ads urging victims to make asbestos lawsuits and promise 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 convicted on federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases to his firm.

New Yorkers must continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.

Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These diseases are extremely serious and have a long latency time. This means that patients might not be suffering from symptoms until 20 or 25 years after the initial exposure. There are steps that workers can take to prevent asbestos exposure and a subsequent illnesses. In recent years the asbestos litigation landscape has undergone several significant changes. The most significant change came in 2015 when the political establishment was shaken to its foundation following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His rulings have put a huge burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by denying the cumulative exposure theory that was prevalent in the litigation. Instead it required plaintiffs prove causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim to be speculative or fraudulent.

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 illness and the particular products that they were exposed to. In this decision, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant, rather than general workplace exposure to asbestos class action litigation.

Causation

The defendants will have to demonstrate that asbestos caused the disease. The consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products produced by certain defendants in order for their claims to be considered valid.

This is a tough standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that a plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to establish the requirement of specific causality under Nemeth.

Juni has placed a huge burden on defendants and could make them to settle their claims for a lower amount than they are entitled. An attorney for mesothelioma in NYC can explain the benefits of filing a suit and your options for litigation financial restitution if you're diagnosed with mesothelioma or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of patients were contractors or employees exposed to asbestos in industrial applications.

The signs of mesothelioma typically are not evident until the age of 25 to 50 years after initial exposure. Many asbestos patients are fighting for the compensation they deserve to cover medical expenses loss of wages, companionship loss, in addition to damages.

It is essential to file your mesothelioma suit in a timely fashion, but it is also important to consult mesothelioma lawyers who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma attorney from NYC to set up a no-cost, no-obligation appointment. Your attorney can help you determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit can help your family recover losses. Compensation can cover medical bills, income loss due to being unable to work and home care expenses as well as pain and suffering, mental anguish and loss of quality of life and funeral and burial expenses. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are well-versed in asbestos litigation group lawsuits, and they have dockets specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. The judges handling these cases have been trained to ensure justice and are aware of the increasing risk of asbestos exposure.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits aim to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages, which are awarded specializes in asbestos litigation addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future.

The NYCAL decision gives defendants the chance to stay clear of 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 indefensible that they had to pay punitive damages to deter others from committing the same crime.

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