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New York Mesothelioma Lawyers

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Sara Salger Lawyer and Contributor

New York mesothelioma law firms have secured billions of dollars in compensation for asbestos victims. The state is one of the most popular locations in the country for filing asbestos lawsuits. Mesothelioma lawyers in New York can support you and your loved ones throughout the legal process.

Filing Mesothelioma Lawsuits in New York

Mesothelioma lawyers in New York can help patients and family members understand their legal options. These attorneys can help gather information and build strong cases against the manufacturers of asbestos-containing materials. Their assistance can help ease the burden on mesothelioma patients. This allows patients to focus on things like treatment and spending quality time with loved ones.

Key Facts

  • A mesothelioma victim has three years from the date of their diagnosis to file a mesothelioma lawsuit, and the family of a deceased mesothelioma victim has two years from the date of death to file a wrongful death claim on the victim’s behalf.
  • The New York City Asbestos Litigation (NYCAL) is a docket devoted entirely to asbestos-related lawsuits filed in New York City and is consistently a top-3 jurisdiction nationwide.
  • The NYCAL docket has two “in-extremis clusters,” one in April and one in October of each year, that allow new living mesothelioma cases to be heard more quickly in hopes of getting the victims compensation to pay for treatment and enjoy a better quality of life.

New York is one of the most active states in the country for asbestos cases. In 2022, New York City held its ranking as third in the country for the most asbestos-related cases. Reports have cited New York City as a top asbestos jurisdiction that may be favorable to victims.

In 2022, New York City alone had nearly 24% more mesothelioma filings than in 2021. Of the 283 asbestos cases filed that year, 146 cases were mesothelioma-related. This made New York City the second-highest place to file mesothelioma lawsuits in 2022.

The state also has high rates of mesothelioma diagnosis and mortality. From 1999 to 2019, 4,191 New York residents received mesothelioma diagnoses. From 1999 to 2020, there were 2,891 mesothelioma deaths in New York.

New Yorkers exposed to asbestos who develop a related illness can talk with experienced lawyers. They may be eligible for different types of litigation, like asbestos trust fund claims. Other people may also be eligible to file here, including some living out of state.

Who Is Eligible to File a Mesothelioma Lawsuit in New York?

People with asbestos-related illnesses, like mesothelioma, may be eligible for compensation in New York. This includes both residents and people living in other states. Military veterans who were stationed in New York may be eligible, too. Patients’ loved ones may also be able to file lawsuits.

Asbestos Exposure in New York

People may have experienced asbestos exposure throughout New York State. Many asbestos companies used the mineral at jobsites in various ways. This led to occupational exposure for many workers.

For instance, the Brooklyn Navy Yard was a prominent jobsite where asbestos exposure occurred. The Brooklyn Navy Yard was an active shipbuilding site until the 1960s. During peak production, it employed more than 70,000 workers.

These years were also peak years for asbestos use. Workers at this shipyard handled many asbestos-containing shipbuilding materials, like insulation and gaskets. Veterans and shipyard workers who were exposed may develop mesothelioma.

Another example of asbestos exposure in New York comes from the World Trade Center. The Twin Towers contained tons of asbestos. Toxins, including asbestos fibers, were released into the air during the 9/11 attacks.

The dust cloud from the buildings’ collapse settled miles away from Ground Zero. Thousands of people may have been exposed to asbestos.

Residents of New York who lived in the following cities and towns have filed mesothelioma lawsuits against the companies responsible for their asbestos exposure:

  • Afton, NY
  • Albertson, NY
  • Altona, NY
  • Apalachin, NY
  • Astoria, NY
  • Auburn, NY
  • Baldwin, NY
  • Ballston Lake, NY
  • Ballston Spa, NY
  • Bardonia, NY
  • Bay Shore, NY
  • Bellmore, NY
  • Binghamton, NY
  • Bronx, NY
  • Brooklyn, NY
  • Buffalo, NY
  • Campbell, NY
  • Canandaigua, NY
  • Cedarhurst, NY
  • Centereach, NY
  • Centerport, NY
  • Cheektowaga, NY
  • Cicero, NY
  • Clifton Park, NY
  • Commack, NY
  • Corning, NY
  • Cortlandt Manor, NY
  • Croton-on-Hudson, NY
  • Delanson, NY
  • Dobbs Ferry, NY
  • Dunkirk, NY
  • East Elmhurst, NY
  • East Northport, NY
  • Elmira, NY
  • Farmingdale, NY
  • Floral Park, NY
  • Flushing, NY
  • Forest Hills, NY
  • Glens Falls, NY
  • Goshen, NY
  • Greene, NY
  • Greenville, NY
  • Hagaman, NY
  • Hamburg, NY
  • Harriman, NY
  • Hartsdale, NY
  • Hilton, NY
  • Holland Patent, NY
  • Hudson, NY
  • Huntington, NY
  • Island Park, NY
  • Jericho, NY
  • Johnstown, NY
  • Kings Park, NY
  • Lake Pleasant, NY
  • Le Roy, NY
  • Little Falls, NY
  • Liverpool, NY
  • Lockport, NY
  • Long Island, NY
  • Lyons Falls, NY
  • Macedon, NY
  • Manhattan, NY
  • Marcy, NY
  • Maspeth, NY
  • Melville, NY
  • Modena, NY
  • Monsey, NY
  • Moravia, NY
  • Mount Vernon, NY
  • Napanoch, NY
  • Natural Bridge, NY
  • New Berlin, NY
  • New Rochelle, NY
  • New York, NY
  • Niagara Falls, NY
  • North Babylon, NY
  • North Tonawanda, NY
  • Ocean Beach, NY
  • Oceanside, NY
  • Ogdensburg, NY
  • Olean, NY
  • Olivebridge, NY
  • Oneida, NY
  • Orchard Park, NY
  • Oswego, NY
  • Owego, NY
  • Peekskill, NY
  • Poughkeepsie, NY
  • Queens, NY
  • Queensbury, NY
  • Remsen, NY
  • Ridge, NY
  • Rochester, NY
  • Rotterdam Junction, NY
  • Sackets Harbor, NY
  • Saint Johnsville, NY
  • Salem, NY
  • Schenectady, NY
  • Sherburne, NY
  • Shokan, NY
  • Shrub Oak, NY
  • Sidney, NY
  • South Glens Falls, NY
  • Springfield Gardens, NY
  • Staten Island, NY
  • Stephentown, NY
  • Suffern, NY
  • Syracuse, NY
  • Treadwell, NY
  • Utica, NY
  • Victor, NY
  • Wading River, NY
  • Wallkill, NY
  • Wantagh, NY
  • Waterford, NY
  • Watertown, NY
  • Webster, NY
  • Weedsport, NY
  • West Babylon, NY
  • West Sand Lake, NY
  • Westbury, NY
  • White Plains, NY
  • Whitestone, NY
  • Woodside, NY
  • Yaphank, NY
  • Yonkers, NY

Deadlines for Filing a Mesothelioma Lawsuit in New York

Various laws may affect asbestos lawsuit processes. For mesothelioma cases, clients may file personal injury or wrongful death lawsuits, which are subject to filing windows. These windows are set by laws called statutes of limitations.

New York Statutes of Limitations

Personal Injury

Lawsuits must be filed within 3 years after a mesothelioma diagnosis.

Wrongful Death

Lawsuits must be filed within 2 years after death from mesothelioma.

Mesothelioma lawyers can explain these and any other considerations to clients. They can also help gather documentation about exposures and related illnesses. In some cases, they may also recommend filing other mesothelioma claims.

For instance, victims may be able to file against some companies’ asbestos trust funds. Alternate filing options have some different criteria than lawsuits. Clients and their attorneys can discuss all potential options before making any filing decisions.

Filing VA Claims in New York

Exposure is common among veterans because of the military’s frequent asbestos use. New York ranks in the top 10 states for largest veteran populations, with nearly 600,000 living in the state as of 2022. Many veterans have developed or are at risk for mesothelioma.

Veterans may qualify to file lawsuits against manufacturers of asbestos materials. Many of these materials and products were regularly used during military service. Beyond lawsuits, veterans with mesothelioma and their loved ones may have other legal rights.

For instance, the U.S. Department of Veterans Affairs (VA) offers benefits for veterans with asbestos-related diseases like mesothelioma. New York asbestos lawyers can help veterans access any benefits they are owed.

Filing for Benefits With the VA vs. Filing Lawsuits Against Asbestos Companies

The government sets aside VA benefit money to assist veterans in acknowledgement of their service to the country. It is the government’s policy that it owes these benefits to any qualified veteran.

Mesothelioma lawsuits are separate actions that do not involve suing the government. When veterans file mesothelioma lawsuits, they sue asbestos companies that manufactured and distributed asbestos to the U.S. military.

Top Mesothelioma Law Firms in New York

Mesothelioma law firms have helped asbestos victims file thousands of mesothelioma lawsuits in New York. For years, some New York jurisdictions have ranked as top venues for asbestos cases. Specifically, New York City is one of the busiest places for asbestos filings. Experienced mesothelioma firms can help eligible victims file here.

Attorneys at these firms work on behalf of their clients throughout the entire lawsuit process. They often travel to meet with their clients, discussing cases in person and answering any questions.

Top mesothelioma law firms that have successfully represented many victims in New York include:

The New York mesothelioma lawyers of Early, Lucarelli, Sweeney & Meisenkothen have represented over 500 New York city and state residents diagnosed with mesothelioma.

Fighting for New York asbestos injury victims with a combined experience of over 100 years. Recognized by U.S. News & World Report and Super Lawyers®.

The trusted mesothelioma attorneys from Meirowitz & Wasserberg, LLP have deep knowledge of complex mesothelioma case law across multiple jurisdictions and have secured millions in compensation for their clients.

Over 16 years of experience serving asbestos injury victims. The Gori Law Firm is recognized by Super Lawyers®, National Trial Lawyers and the American Society of Legal Advocates (ASLA).

More Information About These Top New York Law Firms

The attorneys at the following New York mesothelioma law firms have decades of experience representing mesothelioma victims and their families. They have deep knowledge of New York jobsites where asbestos was commonly used and of consumer and industrial products that contained asbestos.

  • ELSM: Early Lucarelli Sweeney & Meisenkothen has represented New York mesothelioma victims for over 20 years. Attorney Brian Early manages the New York office, and his team of New York attorneys has recovered millions of dollars on behalf of their mesothelioma clients. ELSM’s New York City office is located at 122 East 42nd Street, Suite 4700.
  • Lipsitz & Ponterio: Lipsitz & Ponterio is Western New York’s premier mesothelioma law firm. With its principal office in the Liberty Building in downtown Buffalo and a second office in the Historic Powers Building at 16 West Main Street, Suite 707, in Rochester, Lipsitz & Ponterio has represented hundreds of asbestos victims throughout upstate New York.
  • Meirowitz & Wasserberg: The attorneys at Meirowitz and Wasserberg have recovered over $400 million in settlements and $100 million in verdicts for their clients, including a $28.5 million verdict in a New York City asbestos-related lung cancer trial. With their main office in Manhattan and two other New York offices in the Bronx and Long Island, serving New York mesothelioma victims is the bedrock of Meirowitz & Wasserberg’s national asbestos and mesothelioma practice.
  • The Gori Law Firm: The Gori Law Firm is a nationwide leader in asbestos litigation and has represented thousands of mesothelioma victims across the country. The firm serves its New York mesothelioma clients out of its New York City office.

Experienced Mesothelioma Lawyers Licensed to Practice in New York

The following mesothelioma lawyers are licensed to practice in New York. Each of these lawyers has at least a decade of experience serving clients in New York and are all familiar with New York laws and local asbestos dockets.

Brian Early of Early, Lucarelli, Sweeney & Meisenkothen manages the firm’s New York City office and has represented over 450 New York mesothelioma victims. Attorney Early serves as a Liaison Counsel to the court in NYCAL. He has been an invited speaker at conferences on asbestos litigation and has served as moderator of the Judicial Perspective panel at the Perrin New York Asbestos Litigation Conference, alongside distinguished members of the judiciary, for several years.

Sam Meirowitz of Meirowitz & Wasserberg is an accomplished New York City mesothelioma trial attorney who once obtained a $3.8 million verdict in New York federal court, the largest such verdict in over 20 years at the time. Prior to co-founding Meirowitz & Wasserberg, Attorney Meirowitz served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office and taught law classes as an adjunct professor at City University of New York (Queens).

John P. Comerford, Esq. | Contributor at Mesothelioma.com

John Comerford of Lipsitz & Ponterio is a Senior Partner of the firm and grew up in Niagara County. Attorney Comerford has represented mesothelioma victims throughout upstate New York, including Buffalo, Niagara Falls, Rochester, Syracuse, Albany and Binghamton. In 2019, Attorney Comerford obtained a verdict of $8 million on behalf of his mesothelioma client, a former civil engineer at Eastman Kodak in Rochester.

Mark Bibro of Early, Lucarelli, Sweeney & Meisenkothen practices out of the firm’s New York City office, where he has represented hundreds of mesothelioma clients with past asbestos exposure in New York. Attorney Bibro is a member of the Association of the Bar of the City of New York and the New York State Trial Lawyers Institute.

Daniel Wasserberg of Meirowitz & Wasserberg is a founding partner of his Manhattan-based mesothelioma law firm. Attorney Wasserberg has been selected to the New York Metropolitan Super Lawyer list each year since 2013 and was also named a “Top 100 Civil Litigator” by National Trial Lawyers.

Jeffery B. Simon of Simon Greenstone Panatier, PC, has been representing mesothelioma victims in New York and around the country for over 30 years, with many of those cases going to trial. Among his many awards and distinctions, Attorney Simon has been named to the Best Lawyers in America list and was awarded America’s Top 100 Attorneys, Lifetime Achievement in 2016.

Matthew Park of Early, Lucarelli, Sweeney & Meisenkothen joined the firm in 2013 and is now a Senior Associate out of ELSM’s New York office. Attorney Park almost exclusively represents mesothelioma victims who live in or worked around asbestos in New York. Attorney Park has been named a “Rising Star” by Super Lawyers.

Mesothelioma Settlements in New York

New York mesothelioma clients have received compensation through asbestos verdicts and settlements. Mesothelioma compensation can help cover treatment costs and other expenses.

Compensation from settlements is received when parties settle a lawsuit outside of court. The average mesothelioma settlement ranges from $1 million to $1.4 million. But many mesothelioma settlements in New York have exceeded the average.

For example, a New York resident received a nearly $11.5 million mesothelioma settlement. She worked as a hairdresser, among other jobs. Various military workers also settled mesothelioma lawsuits in New York for an above-average payout.

Below is a sampling of New York settlements achieved on behalf of those exposed to asbestos:

  • $12.5 million for a 74-year-old asbestos abatement worker and painter
  • $7.1 million for a 66-year-old operating engineer
  • $6.8 million for a 53-year-old Navy worker and machinist
  • $6.1 million for a 67-year-old Navy worker and plumber
  • $4.7 million for an 84-year-old insulator and construction worker
  • $4.7 million for a 71-year-old Navy worker and insulator
  • $4.3 million for a 73-year-old Air Force veteran, boilermaker and plumber
  • $3.3 million for a 63-year-old tile setter and police officer
  • $3.1 million for a 77-year-old Army veteran and nuclear power engineer

Mesothelioma Verdicts in New York

Juries or judges may award verdicts when cases are brought to trial. The average mesothelioma verdict is $2.4 million. But like settlements, New York mesothelioma verdicts have often been higher than the average amount.

  • In 2017, a New York City jury awarded a peritoneal mesothelioma patient $75 million. The patient had experienced secondary asbestos exposure from her husband. He worked with asbestos products, and she laundered his work clothes. As a hobby, she also worked on vehicles with her husband. Her exposure may have occurred from gaskets and other asbestos auto parts. The verdict was reduced, but it was initially a record-setting amount in New York.
  • In 2018, a Navy veteran was awarded $40 million. As a boilermaker, he handled asbestos gaskets manufactured by Goodyear. He later developed mesothelioma. The New York jury held Goodyear liable for the patient’s illness.
  • In 2022, the family of a mesothelioma patient received a verdict of $15 million. The New York case was against multiple defendants, including Kaiser Gypsum Company Inc. The patient once worked as a construction worker. He frequently handled asbestos-contaminated joint compound. In 2019, he was diagnosed with pleural mesothelioma.

Anyone who has developed mesothelioma may be eligible for compensation. Patients and their families can talk to a mesothelioma attorney about filing options in New York.

Note: Each lawsuit is different, and prior results do not guarantee a similar outcome in the future. Contact a reputable New York mesothelioma lawyer to understand how much compensation you may be eligible to receive.

New York Asbestos Laws & Regulations

New York follows federal laws for asbestos use and abatement. The state also has its own specific asbestos laws and regulations. Some of these laws apply to asbestos management and others to asbestos litigation.

For asbestos management, various departments handle different types of regulations. These departments include:

  • New York State Department of Environmental Conservation, which defines asbestos waste and regulates asbestos waste transportation.
  • New York State Department of Health, which regulates the training of abatement workers and safety training providers.
  • New York State Department of Labor, which regulates hazards to public safety and health during the removal of asbestos materials.

New York has also established laws related to asbestos litigation. Some of these laws have helped make the state a popular jurisdiction to file in.

New York Laws Affecting Asbestos Litigation

New York state and some of its cities have laws and procedures that impact asbestos-related lawsuits. The purpose of these laws is to help New York courts manage the high number of cases it handles and to have judges experienced in asbestos litigation oversee cases.

  • Case Management Orders (CMOs): Various New York courts follow CMOs. These CMOs establish scheduling and other procedures to expedite the filing process. A CMO may also allow courts to group similar cases to process them faster.
  • Comprehensive Insurance Disclosure Act (CIDA): Under this law, defendants (companies) must disclose any insurance agreements to plaintiffs (victims). This may make it hard for companies to claim lack of coverage to meet compensation requirements. CIDA may help plaintiffs during settlement negotiations.
  • Deferred dockets: Several courts in New York have created inactive dockets for asbestos exposure victims with conditions that cause negligible impairments. The dockets preserve victims’ claims for if and when a more serious condition develops.
  • New York City Asbestos Litigation (NYCAL) court: New York City created this court to exclusively handle asbestos claims in the city. NYCAL has various procedures in place to streamline cases and provide judicial expertise.

New York has many laws in place that may impact how asbestos cases are handled. It’s helpful for victims to work with attorneys who understand these nuances. Mesothelioma lawyers can explain any New York laws in the state that may impact the lawsuit. They can also recommend specific filing jurisdictions and options.

Asbestos Litigation Trends in New York

Over the years, New York has gained a reputation for being pro-plaintiff in many asbestos cases. Statistics show that more people are choosing to file mesothelioma lawsuits in New York. This may be related to favorable laws and past lawsuit outcomes.

Notable Asbestos Litigation Trends in New York

  • From 2014 to 2016, NYCAL issued at least one of every six asbestos verdicts. Of those verdicts, 83% were in favor of plaintiffs. This resulted in NYCAL verdicts being 315% higher than the national average.
  • In 2022, New York City was the second most popular jurisdiction for asbestos cases. From 2021 to 2022, filings increased by nearly 24%.
  • Out-of-state plaintiffs file 68.5% of asbestos lawsuits in New York.
  • Recent industry reports show New York is a popular jurisdiction for talc filings.

New York asbestos exposure victims may feel encouraged by the state’s lawsuit trends. Still, navigating asbestos laws can be difficult. Working with mesothelioma lawyers can make the process easier from start to finish.

Key New York Asbestos Exposure Sites

There are countless jobsites and buildings throughout the state of New York where asbestos was once used in manufacturing and construction. From the industrial sites of western New York to the skyscrapers, shipyards and railroads of New York City, New York workers were frequently exposed to asbestos during the 20th century. Below is a list of just a few of the major sites where asbestos was commonly found.

Eastman Kodak

Kodak Park in Rochester is a massive industrial site where the Eastman Kodak Company produces various products involved in photography. Eastman Kodak was once Rochester’s largest employer, employing over 50,000 local residents at its peak in the 1970s. Film production and development requires large amounts of chemicals and these chemicals were often heated and pumped throughout the huge facility. Pipes, pumps, boilers and valves needed to move these chemicals were all insulated with asbestos. Some of the chemicals were caustic, meaning they would eventually eat through metal pipe, so asbestos cement pipe was also used when needed. The tradesmen who installed and repaired these pipes were exposed to the asbestos insulation, but also all of the plant workers in the facility were also exposed to asbestos when the insulation was installed or disturbed.

World Trade Center

Up to 2,000 tons of asbestos was used during the construction of the buildings of the World Trade Center. Much of the asbestos was in spray-on insulation used as a fire retardant. Other standard building materials such as joint compound used in the construction of the buildings also contained asbestos. When the North and South towers and World Trade Center 7 collapsed on 9/11, the huge dust plumes that resulted contained asbestos fibers. Workers, first responders, rescue crews, cleanup crews and local residents were exposed to significant amounts of airborne asbestos on the day of the attacks and for months after. Many adverse health conditions, including mesothelioma and lung cancer, have resulted in those who were exposed during the attack and in its aftermath. The September 11th Victim Compensation Fund was established to compensate these individuals.

Railroads

Railroads have been an important part of moving commuting workers and visitors in, out and around New York City since the 1800s. Railroad workers including linemen, mechanics and engineers were often exposed to asbestos. Many components of engines and railcars once contained asbestos, exposing workers who installed and repaired these parts to the toxic mineral. Due to the inherent dangers of working on the railroad, the Federal Employers Liability Act (FELA) protects railroad workers by allowing them to sue their employers for injuries sustained on the job which is different than what most states allow for workers’ compensation. These injuries include medical conditions like mesothelioma and lung cancer caused by asbestos exposure. Workers in the yards and on the trains of the following New York railroads were once commonly exposed to asbestos:

  • Metro-North Railroad
  • Metropolitan Transit Authority
  • Long Island Railroad
  • New Jersey Transit
  • Penn Central Railroad

Brooklyn Navy Yard

The Brooklyn Navy Yard, also known as the New York Naval Shipyard, is located on the East River in Brooklyn. The Brooklyn Navy Yard was once an important U.S. military installation where naval ships were built and repaired until the 1960s. After the Navy closed the yard in 1965, private shipbuilding companies, including Seatrain, continued to build ships there. Naval personnel who were in the yard during their ship overhauls and civilian shipbuilders alike were frequently exposed to the large amounts of asbestos used aboard naval and merchant ships for insulation. The Brooklyn Navy Yard is a jobsite match for no less than 11 bankruptcy trusts, and naval ships that were overhauled there are matches for more.

Find Mesothelioma Doctors, Lawyers and Asbestos Exposure Sites Near You

Find Mesothelioma Doctors, Lawyers and Asbestos Exposure Sites Near You