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New York Asbestos LitigationNew? 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 frequent mesothelioma-related case in the United States in 2019.Recent NYCAL decisions are expected 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 defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an exposure threshold in the ambient.Expert TestimonyNew? York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Expert witness fees can be a a large percentage of the total costs in asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants conduct thorough research and vet possible experts prior to interviewing them. In the absence of this, it could result in a shaky Daubert Challenge and losing cases.New York has a rich industrial history, and many workers have been exposed to asbestos, which is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and lung cancer. Those who have been affected by these diseases can recover compensation from the companies that exposed them to asbestos.Asbestos suits are commonplace in New York and the judges are familiarized with the issues. The courts, for example expedite trials for patients who are terminally ill and consolidate cases when needed to reduce trial costs. In addition, courts regularly review their discovery procedures to ensure that they are current and efficient.In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove the causality. The case was re-argued by defendants, and a ruling is expected to be issued soon.The court's decision is expected to impact asbestos litigation across New York. The mesothelioma lawyers are currently bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he made by directing asbestos cases to his firm.<img width="325" src="https://b2946336.smushcdn.com/2946336/wp-content/uploads/2023/07/patient-lying-down-on-ct-scanner-2022-03-07-23-57-35-utc-scaled.jpg?lossy=1&strip=1&webp=1">New Yorkers must continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the increasing and New York is among the top jurisdictions for mesothelioma verdicts.Summary JudgmentA New York asbestos lawyer can help you obtain the compensation you're due.Asbestos exposure can lead to serious diseases, such as mesothelioma as well as lung cancer. These diseases are agressive and have a long latency period which means that patients may start suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to reduce the risk of asbestos exposure and future disease. There have been a number of significant changes in the asbestos litigation scene 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 corruption charges. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The long-time head 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. In the aftermath of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have made it difficult for defendants to get summary judgment.In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, rejecting the cumulative-exposure theory that was becoming popular in the litigation, and calling for plaintiffs to establish specific causation by proving it through scientific evidence from their experts. This ruling provides 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 connection between asbestos-related diseases and products to which they were exposed. In this case plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings provided by the defendant, not general exposure to asbestos in the workplace.CausationThe? defendants will have to prove 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 demonstrate specific exposure to the products made by certain defendants for their claims to be considered valid.This is a tough standard to meet, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles of the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causation.Juni has placed a significant burden on defendants and could oblige them to settle their claims at less than they are entitled. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.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. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.Symptoms of mesothelioma are not usually evident until between 25 and 50 years after exposure. Many asbestos patients are fighting to get the compensation they need to cover medical costs as well as lost wages, loss of companionship and other losses.While it is crucial to start a mesothelioma lawsuit promptly however, it is equally important 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 lawyer can assist you determine if you are qualified for financial compensation from an asbestos trust.DamagesIf? you're suffering from mesothelioma or another asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation can cover medical bills, lost wages due to inability to work, home-care expenses, mental stress and pain loss of quality funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. Additionally the judges who handle these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is served.According to a research study conducted recently, New York City is the national hub for asbestos litigation. https://www.asbestoslitigation.top/ have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.These lawsuits are designed to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards that are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and discourage others from participating in a similar course of action.The NYCAL decision gives defendants hope that they can stay clear of punitive damages. In the past, they faced the possibility of huge judgments in these cases according to the prevalent view that their conduct was so outrageous that they had to pay punitive damages to deter others from following their lead.With the decision in favor of plaintiffs, it is likely that a lot of the companies named as defendants will be disqualified. This is because even if they're dismissed, they will still need to incur legal fees to defend a case they did not deserve to be involved in.