New York Mesothelioma Lawyers

Filing a Mesothelioma Claim in New York

According to a KCIC industry report, New York City was the third-most popular jurisdiction for asbestos lawsuit filings in 2023. That year, it handled 7% of U.S. asbestos claims. New York asbestos attorneys are among the most experienced in the nation because of the volume of cases they handle. 

New York courts have developed procedural rules and practices and case management practices to deal with the number of cases. For example, the New York City Asbestos Litigation court was developed to handle cases filed by residents of New York City and others exposed in the city.

• Mesothelioma claims made up 51% of asbestos filings in 2023 in New York, while lung cancer claims made up 44%.
• New York courts may require a plaintiff to file trust fund claims prior to a trial for a personal injury claim or wrongful death claim.
• New York is among the states that allow setoffs. If a claimant has received compensation from an asbestos trust fund, any defendant they sue may deduct the amount of trust compensation from a court award.

New York courts also adopt procedural rules and issue case management orders to address a backlog of asbestos lawsuits. For instance, under “first in, first out” procedures, claims of terminally ill claimants are set aside for accelerated trials for one month, twice a year.

These case management orders also include procedures for clustering groups of similar cases for trial and discovery. For example, multiple cases handled by a single law firm may be clustered into a group.

How Can Hiring an Asbestos Lawyer in New York Help Me?

Hiring a New York mesothelioma lawyer who understands the state’s asbestos litigation laws can improve the chances that your claim will be successful. They are experts on the laws and court rules related to asbestos litigation in New York. They also have extensive knowledge of the job sites and companies involved in New York asbestos exposure. These attorneys can help you understand your rights and legal options.

“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 make for your clients,” New York-based lawyer Samuel Meirowitz tells The Mesothelioma Center.

“One of the big differences between somebody relatively new to handling asbestos cases vs. folks doing this for a while is once you’ve developed information about the various companies that manufacture asbestos-containing products, you know what questions to ask,” says Meirowitz. “You know what products are the most dangerous and why they’re the most dangerous.”

New York Mesothelioma Law Firms

Weitz & Luxenberg, for example, is a top New York City mesothelioma law firm. Based in New York City, the firm’s asbestos attorneys help clients throughout the state. National firms like Simmons Hanly Conroy also have offices in New York. These mesothelioma lawyers specialize in asbestos litigation and understand both federal asbestos regulations and New York state statutes.

Attorneys at Meirowitz & Wasserberg, for example, represented James Petro in his claim against several asbestos companies, including Mario & DiBono, which supplied asbestos-containing fireproofing spray. New York asbestos lawyers Danny Kraft, Kush Shukla and Stacy Pulido secured $28.5 million for Petro at trial.

According to a KCIC 2023 industry report, many New York residents file their claim in the state. However, it’s not in every resident’s best interest to file there based on the circumstances of their individual case. For example, if asbestos exposure occurred elsewhere or if the company responsible is headquartered in another state. 

Nationwide Asbestos Law Firms Outside of New York

Seeking assistance from a nationwide firm can help people pursue a claim elsewhere. If your asbestos exposure occurred outside of New York, or the accountable company has its headquarters in another state, your attorney may advise you to file in another state.

Firms that practice nationwide know the best state in which to file a given claim. New York residents with mesothelioma can benefit from a nationwide asbestos law firm with experience in different types of cases in nearly every state. 

If you can’t travel to a New York law office, top asbestos attorneys will travel to clients throughout the country to conduct interviews and depositions, and they won’t charge you for their travel expenses. They can also conduct virtual or phone meetings when health concerns make in-person meetings challenging.

Asbestos Compensation in New York

Many asbestos claims settle out of court in New York. A select few go to trial and may result in substantial verdicts.

• $31.5 Million: Former construction worker Romeo Maffei received 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 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 damages to mesothelioma patient James McWilliams in 2023. He encountered asbestos working as a steamfitter using Jenkins’ asbestos-laden flange gaskets and valves.
• $22 Million: A former electrician who worked at the Brooklyn Navy Yard and a seaman in the Navy and Merchant Marines were jointly awarded $22 million in 2004. The New York State Supreme Court confirmed the damages.
• $15 Million: The New York Supreme Court rejected Kaiser Gypsum’s motion for a new trial in 2023 and confirmed the damages awarded to the family of construction worker Munir Seen. He developed mesothelioma following exposure to asbestos-containing joint compound.

New York mesothelioma lawyers have obtained settlements worth more than a million dollars for their clients. They have also secured six-figure payouts from asbestos trust funds. Mesothelioma compensation helps families afford medical costs, income losses and other expenses related to the diagnosis.

New York Laws That Regulate Asbestos 

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

Additionally, New York City has its own set of asbestos laws known as the NYC Asbestos Control Program. Other laws involving asbestos 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 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 set of 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 how to safely transport asbestos waste.

New York is home to some of the strictest asbestos laws and regulations in the country, a result of the extensive amount of asbestos used 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. Implementation of these laws took time, which meant 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.

Michelle Marshall

Verified Asbestos.com Survivor

Read Michelle’s Story

How Asbestos Exposure Happens in New York

Asbestos exposure in New York gained attention in the aftermath of the 9/11 attacks because 400 tons of the toxic mineral was among the pulverized dust and debris of the Twin Towers. However, the state of New York had severe asbestos issues long before 9/11. In many ways, the history of New York neatly encapsulates the whole story of the rise and fall of asbestos as a “magic mineral.”

The H.W. Johns Manufacturing Company was one of the first companies to use asbestos to manufacture fire-resistant construction materials and insulation products. Founded in New York City in 1958, it contributed to the launch of a highly profitable industry. Johns Manville, its successor, created the nation’s first asbestos settlement trust in 1988 to save itself from bankruptcy, setting a precedent many liable companies in New York have followed.

• Factories: Manufacturers used asbestos in a variety of building materials, from roof shingles and floor tiles to the sealants and adhesives that held them in place. Paper mills used sheets of asbestos felt as drying surfaces. Workers at vermiculite-processing plants also suffered exposure when asbestos-contaminated ore was sourced from Libby, Montana.
• Infrastructure: Asbestos products endangered pipe fitters and insulation workers at job sites large and small. Grand Central Station is one high-profile site that was once notoriously rife with crumbling asbestos insulation. Still, asbestos exposure could just as easily occur in any humble building’s basement or attic.
• Power Plants: Many of America’s first powerhouses were built in New York by the Edison General Electric Company, known today as General Electric. For decades, the electricity industry relied on asbestos-containing insulation just as much as the steam-driven industry before it had.
• Shipyards: The extensive use of asbestos fireproofing on ships seemed ideal during the mid-20th century. Unfortunately, shipbuilders working at sites such as the Todd Shipyards were merely replacing one hazard with another. The use of asbestos at the Brooklyn Navy Yard endangered civilians and service members alike, contributing to the increased rate of mesothelioma among U.S. veterans.
• Public Buildings: When an old building burns or collapses, asbestos materials can break down into a highly friable state, leading to the most severe levels of contamination. In many cases, firefighters and other first responders have inhaled asbestos while searching through the wreckage of an old structure.

Most New Yorkers who have mesothelioma were exposed to asbestos while on the job. Workers at shipyards, power plants and other types of heavy industry carry some of the highest risks. Occupational exposure is also a major problem for construction tradesmen, veterans and emergency first responders. Even teachers have developed related diseases from asbestos exposure in schools.

Occupational Asbestos Exposure in New York

Occupational asbestos exposure in New York is rooted in the state’s industrial history. Its factories, textile mills, power plants, manufacturing plants and shipyards used many asbestos products daily. The workers employed at many of these facilities were exposed to dangerous amounts of asbestos. Their families got secondhand exposure when fibers entered their homes on work clothing, hair and skin.

New York shipyards, including Bethlehem Steel, exposed many workers and veterans to asbestos. Many products throughout ships used the mineral because it prevented fires on vessels and was resistant to corrosion from seawater. 

• 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

Manufacturing was another significant source of asbestos exposure in New York. Many manufacturing companies added asbestos to products because it made them stronger, heat-tolerant and less likely to corrode. A predecessor of the Johns Manville Corporation began using anthophyllite mined in Staten Island to manufacture asbestos insulation in 1858.

Many asbestos companies operated throughout the U.S. but had headquarters in New York. For example, Union Carbide operated an asbestos mine in California until 1985, but its headquarters were in New York City. Other major asbestos companies located in New York include GAF Corporation, National Gypsum Co. and Garlock Inc. 

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