01. Filing Claims and Lawsuits in New York
Filing Mesothelioma Claims and Lawsuits in New York
New York is one of the most active jurisdictions in the country for asbestos claims. New York City ranked third in the country in 2020 for the most asbestos-related claims. The city experienced 310 asbestos claims, with 130 of those related to mesothelioma. For 2020, New York City ranked second for the most mesothelioma claims.
The high rate of mesothelioma claims in New York coincides with high mesothelioma incidence and mortality rates in the state. Between 1999 and 2017, 3,851 New York residents were diagnosed with mesothelioma. Additionally, 2,868 New Yorkers died from mesothelioma between 1999 and 2017.
New Yorkers who have been exposed to asbestos should talk to an experienced lawyer about their eligibility for different types of compensation claims.
Who Is Eligible to File a Mesothelioma Claim in New York?
Those who have lived, worked or been stationed in New York may have experienced asbestos exposure. Those who develop an asbestos-related illness, such as mesothelioma, may be eligible for compensation. Surviving loved ones may also be eligible to file a claim.
The high rates of mesothelioma cases throughout New York may be attributed to asbestos companies and various worksites in the state that used asbestos
One prominent jobsite that exposed New York workers to asbestos is the Brooklyn Navy Yard. The Navy used asbestos heavily, including at this shipyard. The Brooklyn Navy Yard was an active shipbuilding site until the 1960s, employing more than 70,000 workers during peak production.
At the time, asbestos could be found in many shipbuilding materials, including insulation and gaskets. Veterans and shipyard workers may have been exposed and could now be at risk for asbestos-related diseases.
Residents of New York who lived in the following cities and towns have filed mesothelioma lawsuits to protect their rights and to seek compensation from negligent manufacturers and distributors of asbestos:
- 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
- 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
- Lyons Falls, NY
- Macedon, 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
- 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
- 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
- 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 Claim in New York
Individuals who lived or worked in New York may be eligible to file a claim if they or a loved one has developed or died from an asbestos-related illness. New Yorkers should first discuss their case with an experienced asbestos lawyer to learn more about their filing options and eligibility.
A mesothelioma attorney’s role is to help gather documentation about the exposure and subsequent illnesses that resulted. They also help file lawsuits or other asbestos claims, such as asbestos trust funds claims.
Individuals may have the option of filing a personal injury claim or a wrongful death lawsuit. A victim of asbestos exposure files a personal injury lawsuit, while surviving loved ones may file a wrongful death claim. Each of these claims has its own filing deadline in New York. These deadlines are known as the statutes of limitations.
Even if these deadlines have been missed, there could be other opportunities to obtain compensation for asbestos-related illnesses. Before filing any kind of claim, individuals should speak with an experienced asbestos attorney about their legal options.
02. New York Mesothelioma Law Firms
Mesothelioma Law Firms in New York
New York residents who have been impacted by mesothelioma or other asbestos-related diseases can pursue legal support from one of several experienced law firms. National mesothelioma law firms can help claimants as they seek the compensation they deserve.
An attorney who is experienced in asbestos and mesothelioma litigation can help individuals understand the options they have to make a claim. They can also file that claim on their behalf, allowing patients and their families to focus on treatment and time together.
Lawyers can provide guidance throughout the claims process. Top mesothelioma law firms equipped to represent New York claimants include:
There are numerous advantages to choosing a nationwide law firm to handle your mesothelioma case over smaller, local firms. Lawyers from national asbestos litigation firms are frequently traveling around the country meeting with clients. This means they can easily come to you to discuss your case, answer your questions, and provide peace of mind knowing that you have someone that will fight hard on your behalf.
The experience, knowledge and resources they possess cannot be matched by smaller, locally based firms. In addition, the volume of cases they handle from all over the country equips these law firms with the most comprehensive knowledge about where to file your case to achieve the most favorable outcome for you and your family.
Resources for Mesothelioma Patients
03. New York Mesothelioma Settlements and Verdicts
Mesothelioma & Asbestos Settlements in New York
New York mesothelioma victims and their families have received compensation through verdicts and settlements in the state through mesothelioma lawsuits. As a reference point, we have provided below a sampling of settlements achieved on behalf of New York residents who were exposed to asbestos in the workplace:
- $3.2 MILLION: Tile Setter/Police Person – 69 years old
- $3.0 MILLION: Navy Worker/Nuclear Power Plant Worker – 78 years old
- $2.8 MILLION: Pipefitter – 74 years old
- $2.6 MILLION: Navy Worker/Shipyard Worker – 68 years old
- $2.6 MILLION: Navy Worker – 57 years old
- $2.4 MILLION: EB – 62 years old
- $2.3 MILLION: Navy Worker/Plant Worker – 78 years old
- $2.3 MILLION: Household Worker/Plumber – 72 years old
- $2.2 MILLION: Navy Worker/Warehouse Worker – 68 years old
Mesothelioma & Asbestos Verdicts in New York
In 2017, Marlena Robaey was awarded $75 million after developing peritoneal mesothelioma and pleural mesothelioma. Robaey experienced secondary asbestos exposure. Her husband worked with asbestos-containing boilers, and she would launder his clothes. Robaey also worked on vehicles with her husband and may have been exposed to asbestos-containing auto parts. This was the largest mesothelioma verdict in New York history at that time.
In another verdict reviewed by the New York Supreme Court, mesothelioma victim Donna Olson was awarded $120 million. The verdict was against Johnson & Johnson, which has faced many lawsuits regarding asbestos-contaminated talc products. Olson used Johnson & Johnson’s Baby Powder or Shower to Shower products daily for decades. In 2017, she was diagnosed with pleural mesothelioma.
Mesothelioma settlements and verdicts may help victims or their surviving loved ones with medical expenses, travel expenses, lost income, and other financial and personal losses.
Those who have been exposed to asbestos and developed mesothelioma, asbestos-related lung cancer or asbestosis may be eligible for compensation. Impacted individuals should talk to an experienced mesothelioma attorney in New York about eligibility.
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.
04. Asbestos Laws in New York
New York Asbestos Laws & Regulations
In addition to the federal laws that apply to asbestos use and abatement, New York also has its own specific laws and regulations regarding handling asbestos and asbestos litigation.
The New York Department of Environmental Protection handles all control program regulations that apply to asbestos abatement in the City of New York. The program establishes the proper procedures for abatement and working with asbestos within the state.
These laws include:
- NY Labor Law §900 et seq., which controls licensing and certification
- NY Labor Law §241, which includes survey requirements prior to demolitions
- NY City Department of Environmental Protection Title 15, Ch. 1, which specifically discusses asbestos control and abatement within the city
- NY Department of Health, Title 10, Part 73, which discusses asbestos safety training for workers within the state
In addition to laws for safe asbestos handling, New York has also established laws related to asbestos litigation.
New York Laws Affecting Asbestos Litigation
New York state and particular cities in the state have enacted laws that impact asbestos-related claims. These laws can help New York courts manage the high amount of cases with inactive dockets, case management orders and more.
- New York City Asbestos Litigation (NYCAL) court: New York City created this dedicated court to handle asbestos claims. NYCAL allows the court to combine cases to streamline the process. It also allows the court to prioritize cases from claimants with more serious illnesses, such as mesothelioma.
- Case management orders: Other New York courts also follow case management orders. This law establishes scheduling and procedures for filing claims to expedite the process. This can also allow courts to group similar cases to expedite proceedings.
- Inactive dockets: Several cities in New York have created inactive dockets for claimants. These dockets are for asbestos-exposure victims who do not currently have an impairment. These cases are paused until the claimant’s asbestos-related injuries have progressed.
- Setoffs: New York allows setoffs for payments from asbestos trust funds ahead of lawsuit verdicts. This means the amount awarded from a trust can be deducted from the verdict.
With these laws in place that impact how asbestos claims are handled in the state, it’s important for victims to talk to experienced attorneys. A New York mesothelioma attorney will discuss how any laws in the state may impact the claim and provide the best filing options.
