How Much Time Does a Mesothelioma Case Take in New York? | Attorney Joe Williams

How long does a mesothelioma case take? I'm Joe Williams I'm a mesothelioma trial attorney in New York City and in order to answer this question we need to learn a little bit about how the court system deals with mesothelioma victims' cases

Now many states have what is called an 'expedited docket' and some states call it a 'rocket docket' In New York, it's called an 'in extremis docket' But the primary focus is the cases for mesothelioma victims move quicker A normal civil case can take 5 years We hear of circumstances where a case takes 9 or 10 years in a civil case

A mesothelioma case in New York can take one year New York has what's called the 'New York City Asbestos Litigation' and there are certain criteria for a mesothelioma or late stage lung cancer victim's case which if the victim's case meets these criteria, it can be accepted by the court into this expedited trial clustering The first is the medical criteria Now, mesothelioma cases generally qualify So if someone has a pathological diagnosis (a confirmed diagnosis) of mesothelioma, generally in New York that case would qualify for the in extremis or fast track docket

Now lung cancer cases if they are later stage — that is stage 3 and stage 4 lung cancer cases — those cases can fit the medical criteria as well There's also another criteria to fit into the fast track grouping and that is that there must be a New York City exposure to asbestos – exposure to asbestos that is significant (under the court's guidelines) within the five Burroughs of New York City Now there's no bright line test to this and the court reviews each case on a case by case basis, but there has to be a substantial exposure within the 5 Burroughs of New York City in order for a case to qualify under the New York City Asbestos Litigation in extremis docket Now these in extremis cases, once a case is accepted into the grouping they're clustered twice per year There's a cluster that forms in the spring of the year and one that forms in the fall of the year

And once the court accepts the case into that clustering, the intent of the court system is to go to trial really within one year And that's an incredibly strong point of leverage for a victim of mesothelioma to prosecute their case in an expedited way because these victims are suffering and they have a right to a fast trial to have their day in court to talk about their exposures to asbestos Now I'm sure you have other questions about the time frame involved in prosecuting a mesothelioma case in New York and other states and I can answer your questions I'm Joe Williams and in our office we handle cases for mesothelioma victims every day I encourage you to call the number on your screen, that's our office number and we'll answer your questions

Thank you for watching

Source: Youtube

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