New York
asbestos attorney Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related cancer with a long latency period, is the second most frequent mesothelioma case nationwide in 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in a number of summary judgment motions based on defendant's fiber/cc tests and expert reports that put any exposure that can be deemed respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation is 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. For this reason, it is crucial for litigants to carefully examine and verify potential experts prior to their appointment. Failure to do this can result in a failure of the Daubert Challenge and lost cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma or lung cancer. They can claim 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. For instance, the courts speed up trials for terminally patients, and often consolidate cases to reduce costs for trial. The courts also regularly examine their discovery procedures to ensure that they are effective and up-to-date.
In one notable case, Brown v. Weitz & Luxenberg in which 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 re-argued by defendants, and a decision is expected in the near future.
The court's decision is expected to impact asbestos litigation throughout New York. The mesothelioma lawyers are bombarding the daytime TV with ads that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers must remain alert to asbestos exposure in their workplaces and communities.
Asbestos lawsuits have been increasing and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York
asbestos attorney can assist you in obtaining the amount of compensation you are due.
asbestos attorney exposure often leads to serious illnesses, such as mesothelioma as well as lung cancer. These diseases are extremely serious, and they have a long latency time. This means that patients may not be developing symptoms until 20 or 25 years after their first exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid future illness. There have been a number of significant changes in the asbestos litigation scene in recent years. The most significant change came in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges brought against the 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 new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. 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 claims brought by Weitz & Luxenberg. In the aftermath of this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have put a huge 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 court case and requiring plaintiffs to 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 they are speculative or fraudulent.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. This decision imposes on plaintiffs the obligation to prove that their condition was caused by the specific linings and friction materials that were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants must demonstrate that asbestos caused the disease. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However the law requires plaintiffs to be able to prove specific exposure to certain products manufactured by certain defendants in order to be successful.
This is a tough standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed 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), ruled that an expert's testimony that plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to satisfy the requirements of causality specific to Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a suit and the options for financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular state for mesothelioma lawsuits in the year 2019, and it handles about 6% of the national asbestos litigation. It is estimated that as many as 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 as it was being used in industrial applications.
The symptoms of mesothelioma don't typically apparent until 25 to 50 years after the initial exposure. Many asbestos victims are fighting for the compensation they require for medical expenses, lost wages and companionship loss, in addition to other damages.
While it is important to start a mesothelioma lawsuit in a timely manner but it is also essential to consult with a knowledgeable mesothelioma attorney who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or any other asbestos-related illness A successful lawsuit could compensate your family's losses. Compensation could pay for medical bills, income loss due to being unable to work and home care expenses as well as pain and suffering, mental anguish, loss of quality of life, and funeral and burial expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims.