14 Smart Ways To Spend Leftover Asbestos Litigation Budget

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long period of latency is the second most frequent mesothelioma-related case in the United States in the year 2019.

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

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can account for significant proportion of total costs in asbestos litigation. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully research and vet possible experts prior to contacting them. Failure to do this can result in a failed 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 developed asbestos-related diseases, such as mesothelioma or lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common event in New York, and judges are well-versed in the issues involved. The courts, for example expedite trials in cases of patients who are terminally ill and consolidate cases when needed to reduce trial costs. The courts also regularly review their discovery process to ensure that they are efficient 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 defendants appealed the case, and a decision is expected soon.

The court's decision is likely to impact asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions of 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 should remain vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits are on the increasing and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you deserve.

Asbestos exposure can cause serious diseases such as mesothelioma or lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that victims may not have started experiencing symptoms until 20 or 25 years following their initial exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future disease. Several major changes have occurred in the asbestos litigation landscape in recent years. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 following reports that she provided the "red-carpet treatment" to asbestos lawsuit cases brought by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions have made it more difficult for defendants to get summary judgement.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the cumulative exposure theory that was prevalent in the litigation. Instead it demanded that plaintiffs establish a specific causality with enough scientific evidence from their experts. This decision provides New York asbestos lawsuit defense attorneys the ability to defend against allegations of speculative and fraudulent claims.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related illness and the specific products they were exposed to. In this case, 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 exposure to asbestos in the workplace.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma and various other diseases, but the law requires plaintiffs to establish the specific exposure to products produced by specific defendants in order to prevail on their claims.

This is a tough standard to meet, particularly in NYCAL where one judge is in charge of all NYC Asbestos lawsuit litigation. In the 16 years since Parker, New York courts struggle to apply the rules of the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.

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

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims are contractors or workers who were exposed to asbestos because it was being used in industrial processes.

The symptoms of mesothelioma don't usually evident until 25 to 50 years after exposure. Many asbestos lawsuit patients are fighting to get the compensation they need for medical expenses loss of wages, companionship loss, in addition to other damages.

It is crucial to file your mesothelioma lawsuit promptly however, it is important to consult mesothelioma lawyers who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit can compensate your family's losses. Compensation could cover your 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. A seasoned New York asbestos lawyer will look into the responsible parties to collect evidence and support your claim. 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 speed up trials for plaintiffs who are terminally ill and also group similar cases together. Additionally the judges who decide these cases are aware of the increased risks associated with asbestos attorney exposure and are trained to ensure justice is done.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims 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, incurable cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to remunerating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages which are given 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 can avoid punitive damage awards. They had the possibility of large judgments in the past, with the theory that their conduct was so egregious, that they had to pay punitive damages to discourage others from committing the same offense.

Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a substantial portion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be in.