10 Apps To Help Manage Your 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 cancer with a long period of latency, is the second most prevalent mesothelioma-related case in the United States in the year 2019.

Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in a number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that put any exposure that is deemed to be respirable 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 make up a significant portion of total case costs. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants conduct thorough study and evaluate potential experts prior to interviewing them. In the absence of doing so, it could result in a failure of the Daubert contest and a loss of cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos lawyers-related diseases, such as mesothelioma and lung cancer. Anyone who has suffered from these conditions can recover compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are familiarized with the issues. For instance, the courts speed up trials for terminally patients, and often combine cases to cut down on costs for trial. The courts also regularly review their discovery procedure to ensure that it is effective and up-to date.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causality. The defendants filed an appeal and a decision is expected in the near future.

The court's decision is expected to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads which urge victims to file asbestos lawsuits, promising massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he earned from directing asbestos cases towards his firm.

New Yorkers should be aware in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on rise, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the compensation you're due.

Asbestos exposure can lead to serious diseases, such as mesothelioma as well as lung cancer. These diseases are aggressive and have a long time to develop. This means that patients might not be suffering from symptoms until 20 or 25 years after the initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and prevent future disease. Several major changes have occurred in the asbestos litigation scene in recent years. 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 convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that was becoming popular in the litigation, and insisting that plaintiffs prove specific causation through sufficient scientific explanation by their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim they are false or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related condition and the specific substances they were exposed to. In this ruling plaintiffs are required to prove that their asbestos-related illness 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 exposure to asbestos-containing materials causes mesothelioma and other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to be successful in their claims.

This is a challenging standard to meet, particularly in NYCAL, where a single judge manages 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 that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to satisfy the requirements of causality specific to Nemeth.

Juni has placed a significant burden on defendants, and could force them pay a lower amount than what they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a suit and the options for financial restitution if you're diagnosed with mesothelioma, or other asbestos-related diseases.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and handles 6% of national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims were contractors or workers exposed to asbestos in industrial applications.

The symptoms of mesothelioma usually do not appear until 25 to 50 years after initial exposure. Many asbestos victims are fighting for the compensation they deserve for medical expenses, lost wages and companionship loss, among other damages.

It is essential to file your mesothelioma claim promptly however, it is important to consult mesothelioma lawyers who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to set up a free no-obligation consultation. Your lawyer can assist you determine if you are qualified for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit may pay your family members for their losses. Compensation can cover medical expenses, lost income due to being unable to work, home care expenses as well as pain and suffering mental anguish, loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are well-versed in asbestos lawsuits, and they have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases. The judges who are handling these cases are trained to ensure justice and are aware of the increasing risks associated with asbestos.

According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.

In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases, according to the prevalent view that their conduct was so outrageous that they must pay punitive damages in order to discourage others from following their lead.

With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases could be dismissed in a substantial percentage of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case that they didn't deserve to be involved in.