Selasa, 14 Mei 2019
Legal Options/Legal
Information by State/New York
Hiring a Mesothelioma
Lawyer in New York
New York is often called the birthplace of the asbestos
manufacturing industry. In 1858, a predecessor of the Johns Manville
Corporation began using anthophyllite mined in Staten Island to manufacture
asbestos insulation.
Over the next century, asbestos use spread to a variety of
industrial applications in New York and beyond. Now that the health hazards of
these materials are well-known, New York has enacted a number of laws and
regulations to promote safe handling and removal of materials containing
asbestos.
New York is home to some of the strictest asbestos laws and
regulations in the country. That’s because the state is trying to protect the
public from the extensive amount of asbestos that was 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.
The state is known for its rich industrial history.
Factories, textile mills, power plants, manufacturing plants and shipyards used
many asbestos products on a daily basis. The workers employed at these
facilities were exposed to dangerous amounts of asbestos.
Many of these workers later developed asbestos-related
diseases and hired a New York mesothelioma lawyer to help them seek
compensation. For example, in 1991, a New York judge consolidated 850 cases
filed by power plant workers to expedite their claims.
Around the same time, two other judges consolidated 600
cases filed by asbestos-exposed workers from the Brooklyn Navy Yard.
Experienced asbestos lawyers in New York are among the most
qualified in the country to represent mesothelioma patients.
New York Asbestos
Laws and Regulations
The New York State Asbestos Law, known as Industrial Code
Rule 56, protects the public from exposure to asbestos. It describes proper
procedures for handling and disposing of asbestos materials.
It also requires all work which disturbs asbestos materials
be done by licensed asbestos abatement professionals.
The New York State Department of Labor’s Asbestos Control
Bureau enforces these laws. The department’s staff has the authority to inspect
asbestos projects, respond to complaints and stop work if violations are found.
Additionally, New York City has its own set of asbestos laws
known as the NYC Asbestos Control Program. Other laws involving asbestos are
found in the New York Compilation of the Rules and Regulations (NYCRR):
- 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
The penalties for violating these laws are costly. Penalties
have ranged from thousands to millions of dollars.
Mesothelioma Lawsuit
Filing Deadlines\
New York has set deadlines, known as statute of limitations,
for filing a personal injury and wrongful-death lawsuits. Mesothelioma patients have three years from the
date of their diagnosis to file a personal injury claim.
· Surviving family members have two years to file
a wrongful-death claim.
Mesothelioma patients can reach out to a New York
mesothelioma attorneyfor guidance on when to file. An experienced attorney can
determine how the statute of limitations applies to your case.
New York
Mesothelioma Lawsuits
Many mesothelioma lawsuits have been filed in New York
courts. That’s primarily because New York is a hotspot for asbestos exposure.
The state’s industrial facilities, factories, mills, power plants and shipyards
employed many people who worked with asbestos products.
Between 1998 and 2000, New York was among five states that
captured 66 percent of the nation’s asbestos lawsuits.
In 2000, New York and California led the nation in the
number of asbestos case filings.
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 (NYCAL) was developed to handle
cases filed by residents of NYC and people exposed in NYC.
Courts in New York City and Syracuse, New York, have
established “inactive dockets” for asbestos cases. These courts place cases of
claimants who allege asbestos exposure, but are currently unimpaired, on a
separate inactive docket. Discovery and processing of such cases is delayed
until the plaintiff’s injuries have progressed.
These courts also adopt procedural rules and issue case
management orders to address a backlog of cases. For instance, under “first in,
first out” procedures, claims of terminally ill claimants are set aside for
accelerated trials during 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.
Many asbestos claims are settled out of court. Some go to
trial and may result in substantial verdicts. Other claims seek compensation
from asbestos trust funds.
Settlements
Mesothelioma settlements obtained for New York workers are
generally kept private. This means the settlement amount is withheld from the
public.
But, experienced mesothelioma lawyers are known to secure
settlements ranging from $1 million to $4 million.
Verdicts
One of the biggest mesothelioma verdicts in the state’s
history was ordered in 2017. Plaintiff Marlena Robaey claimed she developed
peritoneal mesothelioma in 2012 and pleural mesothelioma in 2016 as a result of
secondary exposure to asbestos through her husband.
Ed Robaey used asbestos products in his job working on
boilers and engines. Some of the defendants listed in Robaey’s claim settled
out of court. Those who remained were ordered to pay $75 million to the
Robaeys.
In 2004, a New York jury awarded a total of $22 million to a
former electrician and the estate of a man who worked at the Brooklyn Navy
Yard.
Four years later, a New York jury awarded $2.25 million to
the family of another former electrician at the Brooklyn Navy Yard who
developed mesothelioma.
But not all cases have resulted in favorable verdicts for
asbestos claimants. It’s important to speak with a New York mesothelioma
lawyerwith the expertise to handle your case.