Filing a Mesothelioma Claim in New York

New Yorkers diagnosed with mesothelioma may be eligible to file a claim seeking compensation. An experienced mesothelioma lawyer can guide you through every step of the legal process, helping ensure your claim is filed correctly and on time.

Filing a claim in New York can be complex and will require guidance from an experienced mesothelioma lawyer. Your attorney will help you build and litigate a successful mesothelioma lawsuit

Key Facts About Asbestos Claims in New York

  1. The time limit to file or statute of limitations for personal injury and wrongful death claims in New York is 3 years from your diagnosis or the loss of your loved one.
  2. New York courts require a plaintiff to produce trust fund claims before a trial for a personal injury or wrongful death claim. This means plaintiffs must provide all related documentation, including claim forms, affidavits, details about exposure sites and records of any payments received to ensure full transparency and allow for fair trial preparation.
  3. Setoffs in New York mean if you’ve received compensation from an asbestos trust fund, the amount you received may be deducted from a court award in your mesothelioma lawsuit.
  4. Mesothelioma claims in New York City increased 1.9% from 2023 to 2024, while lung cancer filings increased 2.3%, according to KCIC.

According to a KCIC industry report, New York City was the second-most popular jurisdiction for asbestos lawsuit filings in 2024, handling 161 total filings for the year. The caseload in the state has been significant. In response, New York courts created specialized procedural rules and case management practices, including the New York City Asbestos Litigation court which started on Oct. 23, 1987. NYCAL manages filed cases from residents and others exposed to asbestos in the city.

Why Hire an Asbestos Lawyer in New York?

Hiring a New York mesothelioma lawyer who understands the state’s asbestos litigation laws can improve the chances your claim will be successful. Expertise in the state’s laws, rules and court procedures can help your case move forward smoothly.  

Extensive knowledge of job sites and companies responsible for asbestos exposure in New York is critical. Hiring an asbestos attorney should with a proven track record of successful cases helps ensure their ability to secure your desired outcome.

As  New York-based mesothelioma lawyer Samuel Meirowitz shares with us, “Having had prior mesothelioma cases with a variety of different asbestos companies really makes a difference in what type of recovery you’re able to achieve for your clients.”

New York Mesothelioma Law Firms

Weitz & Luxenberg, for example, is a top New York mesothelioma law firm. Based in New York City, the firm’s asbestos attorneys help clients statewide. Top firms offer free case reviews, allowing you to discuss cases they’ve litigated with details like yours.

Local asbestos firms will have knowledge of potential jury pools, judges, court officials and procedures. They’ll have knowledge of local sites known for asbestos exposure and experience with companies based locally that may have been named as defendants in similar cases.

Weitz and Luxenberg
700 Broadway
New York, NY 10003
  • $8.5 Billion Recovered
  • Serves Clients Nationwide
  • Rated #1 by U.S. News & World Report for 2022
Simmons Hanly Conroy Logo
112 Madison Ave 7th Floor
New York, NY 10016
  • $8.9 Billion Recovered
  • Serves Clients Nationwide
  • Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report
meirowitz & wasserberg logo
1040 Sixth Avenue 12B
New York, NY 10018
  • $200 Million Recovered
  • Serves Clients Nationwide
  • Rated in the Top 10 Asbestos and Mesothelioma Trial Lawyers

Nationwide Asbestos Law Firms Outside of New York

Many nationwide asbestos law firms may not be based in New York, but do have offices in the state. For example, Simmons Hanly Conroy also has offices in the state. Some firms may not have an office there, but do have experienced lawyers with specialized experience in New York asbestos litigation.

Top national firms have records of success obtaining mesothelioma compensation in cases like yours. Compensation can help cover your medical bills, lost wages and other expenses related to your diagnosis. 

According to a KCIC 2025 industry report, mesothelioma filings have consistently risen in New York City every year since 2022. However, if your exposure happened in another state or the company responsible is based elsewhere, it may be in your best interest to file in another state. Nationwide asbestos law firms have experience in different types of cases in nearly every state. 

Nemeroff Law Firm Logo
8226 Douglas Avenue Suite 740
Dallas, TX 75225
  • $500 Million Recovered
  • Serves Clients Nationwide
  • Rated a “Hall of Fame” law firm by The Legal 500
Cooney & Conway Logo
120 N Lasalle Street Suite 3000
Chicago, IL 60602
  • $7 Billion Recovered
  • Serves Clients Nationwide
  • Rated a National Tier 1 Firm by U.S. News & World Report in 2022
Galiher DeRobertis & Waxman
820 Mililani Street Suite 505
Honolulu, HI 96813
  • $600 Million Recovered
  • Serves Clients Nationwide
  • 30+ Years Experience

Asbestos Settlements and Verdicts Awarded in New York

Plaintiffs in New York have been awarded millions of dollars through verdicts and mesothelioma settlements. New York mesothelioma lawyers can also help you secure payouts from asbestos trust funds. 

Notable Asbestos Settlements and Verdicts in New York

  • $75 Million: A New York jury awarded this amount of damages in 2017 to a mesothelioma patient who experienced secondary exposure to asbestos through her husband. It was one of the largest mesothelioma verdicts in the state’s history.
  • $60 Million: The New York Supreme Court awarded this amount of damages to the family of a New York laborer in 2018. The worker developed mesothelioma from asbestos-containing products after working on boilers in Brooklyn.
  • $31.5 Million: Former construction worker Romeo Maffei received this amount of damages in 2023. His lawsuit claimed he developed lung cancer following exposure to asbestos-contaminated boiler parts. Throughout his career, Maffei worked on hundreds of Burnham’s boilers.
  • $28.5 Million: A New York County Supreme Court jury ordered several defendants to pay this amount of damages to James Petro in 2023. He developed lung cancer following exposure to asbestos working as a steamfitter at the World Trade Center.
  • $23 Million: A New York jury ordered Jenkins Bros. to pay this amount of damages to mesothelioma patient James McWilliams in 2023. He encountered asbestos working as a steamfitter using Jenkins’ asbestos-laden flange gaskets and valves.

Nationally, the average mesothelioma settlement typically falls between $1 million and $2 million, while verdicts often range from $5 million to $20.7 million or more. Your experienced New York asbestos attorney can help you secure the compensation you deserve.

New York Asbestos Laws and Regulations

New York has enacted state laws and regulations to promote the safe handling and removal of asbestos-containing materials. The New York State Asbestos Law, known as Industrial Code Rule 56, protects the public from asbestos exposure.

Additionally, New York City has its own asbestos laws known as the NYC Asbestos Control Program. Other asbestos laws appear in the New York Compilation of the Rules and Regulations. The Department of Labor’s Asbestos Control Bureau enforces asbestos laws, inspects asbestos projects, responds to complaints and shuts down work if violations are found.

New York Asbestos Laws and Regulations 

  • New York State Asbestos Law (Industrial Code Rule 56): Describes proper procedures for handling and disposing of asbestos materials. It also requires all work that disturbs asbestos materials to be done by licensed asbestos abatement professionals.
  • NYC Asbestos Control Program: Oversees New York City’s asbestos laws.
  • 10 NYCRR Part 73: Regulations for training asbestos abatement workers and those providing safety training.
  • 12 NYCRR Part 56: Regulations involving public safety during asbestos abatement projects.
  • 6 NYCRR Part 360: Regulations for properly disposing of asbestos waste.
  • 6 NYCRR Part 364: Regulations on safely transporting asbestos waste.

New York has some of the strictest asbestos laws and regulations in the country. This is a result of the extensive use of asbestos throughout the state from the 1800s through the 1970s. It wasn’t until the 1970s that the U.S. government began enacting laws and regulations to limit the use of asbestos. Implementing these laws took time, meaning many people were still heavily exposed throughout the 1980s and 1990s.

Michelle Marshall
Verified Asbestos.com Survivor
Survivor Story

Michelle worked in New York City’s historic Empire State Building in the 1980s during a major renovation project. It often left a thin dust film on her desk. It was the same desk where she often ate the lunch she packed and brought from home. Asbestos was a major material in the construction of the famed New York City landmark and is the primary cause of mesothelioma.

Asbestos Exposure in New York 

Asbestos exposure in New York gained international attention in the aftermath of the 9/11 attacks. An estimated 400 tons of the toxic mineral became part of a toxic plume of pulverized dust and debris from the fire and fall of the Twin Towers. Asbestos has long been part of the state’s history, however.

Most New Yorkers with mesothelioma were exposed to asbestos at work. Railroads, power plants, shipyards and military facilities are among sites known for asbestos products. Teachers, students and staff have also developed mesothelioma from asbestos exposure in schools

Sites Known for Asbestos Exposure

  • Bethlehem Steel Shipyards: Asbestos was used in various aspects of the shipbuilding industry. 
  • Brooklyn Navy Yard: The facility first became an active naval installation in 1806. Between 1939 and 1945, the workforce grew to 70,000 employees. Many workers wore protective clothing made from asbestos for insulation. 
  • Grand Central Terminal and Penn Station: The original Penn Station, demolished in 1963, contained asbestos and it’s believed asbestos was left in the underground part of the station that remained. Asbestos was also widely used at Grand Central Station.
  • Empire State Building: Asbestos was used in the construction and maintenance of the facility. During the early 20th century, it was common to use the material for fireproofing and insulation. 
  • General Electric: The facility in Schenectady used asbestos in its manufacturing processes. 
  • Long Island Lighting Company: Several power plants on Long Island used asbestos for insulation, piping, boilers and other equipment.
  • Long Island Railroad: With more than 700 miles of tracks and 124 stations across Long Island, there are many sites where workers have been exposed to asbestos. Gaskets, brakes and insulation contained asbestos. Machinists were at particularly high risk for asbestos-related diseases.
  • World Trade Center: The collapse of the Twin Towers on Sept. 11, 2001, released a toxic plume of smoke over Manhattan that contained tons of asbestos fibers and other hazardous materials. 

The present Grand Central Terminal in Manhattan opened in 1913 when asbestos was widely used in construction. It replaced the smaller Grand Central Depot that was built in 1871 and also contained asbestos. When a steam pipe exploded in 2007, the blast broke through the asphalt above and left a large hole in the street. It sent out water and debris, including a significant amount of asbestos. 

A massive water leak developed in the terminal’s ceiling during a June 2019 rainstorm. Water damage and other issues requiring repair work continue to expose maintenance workers to asbestos. The prevalence of asbestos at Grand Central Station has led to many lawsuits against Metro-North. 

Occupational Asbestos Exposure in New York

Occupational asbestos exposure in New York is rooted in the state’s industrial history. Its factories, textile mills, railroads, power plants and manufacturing plants used asbestos products daily, exposing many workers. New York military facilities and shipyards also exposed veterans to the dangerous mineral.

Higher-Risk Jobs in New York

  • Chemical plant workers
  • Construction workers
  • Insulation installers
  • Manufacturing plant workers
  • Metal workers
  • Oil refinery workers
  • Paper millers
  • Power plant workers
  • Rubber workers
  • Shipbuilders
  • Textile mill workers

New York courts will hold companies responsible for secondhand asbestos exposure. Workers’ families can have secondary asbestos exposure when fibers enter their homes on the work clothing, hair and skin of someone with primary exposure. Similar to primary exposure, secondary exposure can also cause mesothelioma or other asbestos-related diseases.

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