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 periods.

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions are likely to result in a number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that place any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive, and expert witness fees account for a significant percentage of the total cost. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. Therefore, it is important for litigants to thoroughly study and evaluate potential experts prior to their appointment. Failure to do this can result in a shaky Daubert Challenge or losing cases.

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

Asbestos suits are common in New York and the judges are well-versed in the subject. The courts, for example speed up trials for terminally ill plaintiffs and consolidate cases when necessary to cut down on trial costs. In addition courts frequently review their discovery procedures to ensure that they are up-to-date and effective.

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 defendants appealed the decision, and a decision is expected in the near future.

The court's decision is likely to impact asbestos litigation across New York. The mesothelioma lawyers are currently bombarding television during the day with ads which encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers must continue to be alert to asbestos exposure in their work environments and communities. Asbestos lawsuits are on the increasing and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in receiving the amount of compensation you are due.

Asbestos exposure can lead to serious diseases, including mesothelioma and lung cancer. These are serious diseases, and they have a long time to develop. This means that victims might not be developing symptoms until twenty or 25 years after their initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and future disease. Several major changes have occurred in the asbestos litigation environment in recent years. The most significant change came in 2015 in which the New York political establishment was shaken to its core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His rulings have placed a significant burden on defendants, making it almost impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the theory of cumulative exposure that was popular in the litigation. Instead it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are speculative or fraudulent.

In Reid v. Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related illness and the specific products they were exposed to. The decision imposes plaintiffs with the responsibility to prove that their illness was caused by the specific linings and friction materials that were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The biggest challenge for asbestos defendants is the need to prove causation. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma and other diseases, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to be successful in their claims.

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

Juni has placed a significant burden on defendants and may oblige them to to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the benefits of filing a lawsuit as well as your options for restitution in the event that you are diagnosed with mesothelioma or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles about 6% of the national asbestos lawsuit litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. The majority of those affected are contractors or workers who were exposed to asbestos when it was being used in industrial processes.

The symptoms of mesothelioma don't typically apparent until between 25 and 50 years after exposure. Many asbestos victims are now battling to obtain the compensation they require to cover medical costs and lost wages, as well as loss of companionship, and other damages.

It is essential to file your mesothelioma suit in a timely manner, but it is also important to consult a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your attorney will be able to discuss 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 could compensate your family's losses. Compensation can cover medical expenses, lost income due to being unable to work or take care of your home as well as pain and suffering, mental anguish and loss of quality of life as well as funeral and burial costs. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They expedite 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 dangers associated with asbestos.

According to a study conducted recently, New York City is a national hub for asbestos lawyer litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

In addition to compensating victims of mesothelioma as well as other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they will avoid punitive damage awards. Previously, they had been facing the prospect of huge judgments in these cases, according to the popular belief that their conduct was so indefensible that they had to pay punitive damages to deter others from following suit.

With the ruling in favor plaintiffs, it is expected that many of the companies that were named as defendants will be dismissed. Even if they are dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be involved in.