New York Mesothelioma Lawyer and Litigations

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					                                               Presented by Daniel Toriola


       Mesothelioma is difficult to diagnose because the symptoms resemble those of other diseases. Symptoms
      include chest pain, weight loss, shortness of breath, fever and swelling in the face or neck. Mesothelioma is
                                         more prevalent in men than in women.
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                                     New York Mesothelioma Lawyer and Litigations
                                                        By Bello Kamorudeen



  New York is ranked fourth in the US for asbestos related lawsuits filed, and many of these lawsuits
have resulted in some the highest profile jury awards in asbestos cases.

 Over recent years, New York Juries have awarded a lot of double digits million dollar compensations
to mesothelioma victims. A typical example is that of Alfred D'Ulise who was awarded 20 million dollars
in a recent case filed against Chrysler -Daimler where he worked as a brake mechanic. In the year
2006 case, a New York jury judged Chrysler-Daimler to be at 10% fault. The jury also judged the car
company to have acted with reckless disregard, meaning that Chrysler could be held liable for the
entire amount of money under the Law of New York.

Determination of Liability

 New York follows a pure comparative liability system in determining liability in personal injury suits.
Under a pure comparative liability system, a plaintiff may recover some damages even if they are
judged to be up to 99% responsible for their own injury. However, if the plaintiff is judged to be at fault
in their own injury, the award for damages is reduced in proportion to their fault in the case. Thus, if the
jury finds that the damages in a case amount to $10,000 and the plaintiff is 40% liable, the plaintiff can
recover $6,000.

 New York courts adopt a modified joint and several liability system in giving awards in cases where
there are multiple defendants. Defendants may be held jointly liable for economic damages. When
determining the responsibility for non-economic damages, any defendant who is 50% or less
responsible for the plaintiff's injuries is subject to several liability, and can only be held responsible for
the portion of damages that corresponds to their portion of the blame. Any defendant who is
determined to be more than 50% responsible for the defendant's injuries is subject to joint and several
liability, and can be held liable for the entire amount of the award.

Examples of New York Asbestos Lawsuits:

 - 2006 - Rosenberg, Casale v. Alpha Wire, et al: NY Jury awards $9 million to two families in
groundbreaking cases involving manufacturers of asbestos coated cable, steam fittings and valves.

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The cases were the first to find for plaintiffs in cases involving coated cable and steam valves

 - 2006 - Alfred D'Ulisse, et al. v. DaimlerChrysler Corp.: Alfred D'Ulisse worked as a brake mechanic
from 1960 to 1964, and off and on for the next 36 years part time while he worked as a police officer.
He alleged that his work stripping brake linings exposed him to asbestos which caused his
mesothelioma. Verdict: Plaintiff, $25 million

 - 2003 - Robert Crouteau v. Consolidated Edison, KeySpan Corporation and Long Island Lighting
Company: Robert Crouteau was a 54 year old former boilermaker who developed mesothelioma after
being exposed to asbestos on the job for ConEd, KeySpan and Long Island Lighting. He was
diagnosed with pleural mesothelioma in 2001, and filed suit against the three companies. Verdict:
Plaintiff, $47 million

 - 1993 - Consorti, Luchnick, Pulizzi, Tabolt v. LIRR: Four plaintiffs with mesothelioma in a consolidated
trial before the New York Southern District Court Verdict: Plaintiff, $47.5 million

 - 2003 - Gomez, Tucker v. Lincoln Electric and Hobart Bros. : The case was the first case to succeed
against the manufacturers of welding rods containing asbestos. Verdict: Plaintiff, $3.19 million and $3.6
million respectively

Bello kamorudeen is the author of several mesothelioma articles.For more information on
mesothelioma, visit http://www.mesotheliomacorner.blogspot.com




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                                      Mesothelioma Lawyer: Getting The Best For You
                                                               By Kirsten Hawkins



 If you are reading this article, the chances are that either you or a loved one is in search of a
Mesothelioma lawyer. Herein our aim is to give you some confidence building guidelines so that your
task becomes easy and you are more informed on different aspects for selecting a mesothelioma
lawyer.

Important issues to consider while choosing a Mesothelioma lawyer

The first and most important qualification to look for in your mesothelioma lawyer is experience. You
need a tough Mesothelioma lawyer that is accomplished at pushing forth, convincing arguments
through the judicial system so that you can be adequately represented and compensated. It might be
prudent to check how many similar cases this Mesothelioma lawyer has previously handled and what
were the outcomes of these cases.

Next, get a feel of the lawyer’s ability to understand, empathize and recount your story. Mesothelioma
lawyers have to be very convincing in proving to the courts beyond a shadow of doubt that your work
related asbestos exposure is responsible for your physical, mental and financial plight.

You will need to provide your Mesothelioma lawyer with facts such as employee records to show
evidence of your asbestos exposure, scientific and medical evidence of your cancer diagnosis (such as
x-rays and pathology reports) to substantiate your case.

Another very important consideration is the cost. Remember, costs are not necessarily a yardstick of
quality. Our advice is to carefully balance the experience of the Mesothelioma lawyer with the
affordability of the fees. If costs are an issue, you could look at some ways to save. You could ask for a
junior mesothelioma lawyer or paralegal for the routine tasks, or even consider doing some of the work
yourself.

Ask your lawyer to give you an outline of the whole process of how the case will roll out. Understand
clearly, what will be your role and responsibilities in the legal process. You should be completely
focused on your purpose of retribution. Some mesothelioma lawyers also work on a contingent fee
basis wherein they receive a part of the compensation as the fee and do not charge any fee if you do
not get any compensation.



Kirsten Hawkins is a asbestos and mesothelioma specialist from Nashville, TN. Visit
http://www.asbestosblog.org/ for information on asbestos reform, mesothelioma lawsuit news, and
more.




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Mesothelioma Lawyer: Getting The Best For You
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