"Ask Me Anything:10 Responses To Your Questions About 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 illness with a long latency period, is the second most common mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motions focusing on the defendant's fiber/cc tests and expert reports putting any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys [click the following page] rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be extremely expensive, and expert witness fees account for a significant percentage of the total costs. Lawyers on both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully examine and verify potential experts prior to contacting them. Failure to do so can result in a failure of the Daubert challenge and lost 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 illnesses, like mesothelioma, lung cancer, and so on. People who have been affected by these diseases can seek compensation from the companies who exposed them to asbestos.
Asbestos suits are common in New York and the judges are familiarized with the issues. For instance, courts expedite trials for terminally sick plaintiffs, and they often combine cases to cut down on the cost of trial. In addition courts frequently review their discovery procedures to make sure they are current and efficient.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs experts were not sufficient to establish the causality in an asbestos case. The case was appealed by defendants, and a ruling is expected soon.
The court's decision is expected to have a significant impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with commercials urging victims to file asbestos lawsuits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers who have repaid 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 from directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers must continue to be aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are on increasing, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're due.
Asbestos exposure is often the cause of serious diseases, including mesothelioma and lung cancer. These diseases are aggressive and have a long latency period, meaning that victims may only have begun experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and a subsequent disease. In recent years, the asbestos litigation landscape has undergone several major changes. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made 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 amid reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have put a huge burden on defendants, making it nearly impossible for them to obtain summary judgment.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be fraud 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 link between asbestos-related illnesses and the products to which they were exposed. In this case plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.
Causation
The most difficult challenge facing defendants in asbestos cases is the need to prove causation. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However, the law requires plaintiffs demonstrate specific exposure to the products produced by certain defendants in order to be successful.
This is a challenging standard to meet, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of this case. In 2016, the First Department in Matter of NYC asbestos lawsuit Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to prove the requirement of specific causality under Nemeth.
Juni has placed a significant burden on defendants, and could make them pay less than they are entitled. A mesothelioma attorney in NYC can explain the benefits of filing a lawsuit and your options for restitution financial if you're diagnosed with mesothelioma, or other asbestos-related illnesses.
New York state was the second most popular state for mesothelioma lawsuits in 2019, and it handles 6percent of all asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos when it was being used in industrial applications.
Symptoms of mesothelioma are not typically apparent until between 25 and 50 years after exposure. Many asbestos sufferers are fighting to get the compensation they need to pay for medical expenses, lost wages, loss of companionship and other losses.
While it is crucial to file a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma attorney who can help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC today to set up a free no-obligation consultation. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could pay for the losses of your family. Compensation could cover your medical bills, income loss from being unable, home care expenses as well as pain and suffering mental anguish, loss of quality of life, as well as funeral and burial costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. After this, your lawyer may bring a lawsuit in civil court before the state's statute of limitations expires.
The courts are familiar with asbestos lawsuits, and have specialized dockets to help speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. 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 research study conducted recently, New York City is the national hub for asbestos attorney litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
In addition to compensating the victims of mesothelioma and other asbestos-related illnesses, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and discourage others from engaging in a similar course of action.
The NYCAL decision gives defendants the chance to avoid punitive damage awards. They were in danger of large judgments in the past, in the belief that their conduct had been so egregious, that they had to pay damages for punitive harm to deter other people from following suit.
With the decision in favor of plaintiffs, it is likely that many of the companies named as defendants will be disqualified. Even if they are dismissed, they would still have to pay legal fees to defend a case they did not deserve to be involved in.