Asbestos Litigation Group
You require a company that can provide a full range of support regardless of whether you are working on asbestos litigation, or any other toxic tort case. This includes electronic discovery management, high-tech depositions, and an all-encompassing solution for managing large volumes of information.
The group is open to everyone AAJ members which includes Regular Life, Sustaining and President's club members. The group meets at both the AAJ Annual Convention as well as the Winter Convention.
Asbestos Litigation History
The first asbestos lawsuit in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was dismissed, but it triggered a decade-long effort by asbestos firms to compensate victims for exposure.
In the 1960s, health experts began to see that a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried hard to keep the findings from being revealed, but articles about this research began to circulate. Workers' unions, among other groups, demanded that asbestos producers inform the public about the dangers.
During this time, numerous asbestos manufacturers were found to be negligent and required to compensate victims. This was possible because of laws that require anyone who creates dangerous products to inform consumers to be protected.
By the 1980s, the pattern of asbestos litigation had changed. Instead of focusing on asbestos miners and manufacturers, lawyers represented people exposed to asbestos in other work environments. These included shipyards, refineries, railroads and power plants. These claims typically resulted in large class actions.
One of the biggest issues with this pattern of litigation was that a lot of plaintiffs' lawyers took on too many tasks. They specialized in contacting clients, aggregating them and filing lawsuits in large quantities. They wanted to overwhelm the judicial system and the defendants with these massive filings.
Many firms representing plaintiffs were more concerned with generating profits rather than taking care of their clients who were injured. Some even screened their clients with mobile x-ray vans and refused them compensation when serious illnesses developed, such as mesothelioma.
The attorneys at Kazan Law specialize in representing individuals diagnosed with asbestos-related diseases which include mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." why asbestos litigation only are involved in regular meetings of national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend AAJ's Annual and Winter Conventions. This extensive participation in asbestos litigation gives our firm a unique advantage. We are able to provide our clients the best possible representation in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a group of asbestos-related injuries. These types of asbestos lawsuits allow victims to receive compensation without the need to bring individual claims against several defendants which can be costly and time-consuming.
Asbestos class actions can be an efficient method to obtain the compensation that victims need. In a class action, one plaintiff is appointed to represent the group as a whole. The plaintiffs and their mesothelioma attorneys will focus on constructing a strong arguments to obtain the best outcome for the family and victim.
Class actions are common in a variety of areas across the country where there is an abundance of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma cases into a single case so that each claim could be dealt with efficiently, rather than having to go through several individual trials.
It is crucial to remember that class actions might not be in the best interests of the victims. The most significant issue with mesothelioma settlements lies in the fact that victims aren't compensated as well as they would in the event of filing their own lawsuit against the asbestos companies.
Levy Konigsberg LLP has a team of mesothelioma attorneys who are experienced in representing asbestos victims in class actions and other types litigation. For over two decades, we've committed ourselves to providing families of patients with a full legal assistance. Our attorneys understand the details of filing mesothelioma lawsuits state courts, as well as federal courts.
We represent victims across the United States, even though the majority of them reside in or around New York. We can help you get the compensation you deserve in mesothelioma lawsuits against negligent asbestos manufacturers, regardless of whether you reside in California, Florida or anywhere else. Contact us today for an initial consultation for no cost. We're available to discuss your needs and provide options to you.
Asbestos Bankruptcy Trusts
In the bankruptcy process, asbestos companies, they reserve funds to compensate victims suffering from mesothelioma, or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients make trust fund claims. The trusts ensure that there will be enough money to cover any valid claims.
To make a claim through an asbestos trust you must satisfy the eligibility requirements. You must have worked for a company that established the trust and be diagnosed with an asbestos-related condition to qualify. You must also prove that you were exposed to asbestos, such as employment records, affidavits of employees who worked with you and, in some instances radiographs or pathology reports. If you're filing on behalf of someone who has passed away you must submit the death certificate.
In addition each asbestos trust has its own rules for how to review a claim. Some utilize a two-step expedited review procedure, while others use an individual review process. Lawyers who specialize on asbestos litigation can assist in determining the best way to handle claims.
Asbestos trusts are required by law to pay fair compensation to claimants suffering from similar diseases. To determine this, they have established disease levels, which vary from mesothelioma through the pleural disease, without significantly limiting lung function.
People often have to file lawsuits and trust funds against multiple asbestos companies that are responsible for their exposure. According to the laws of each state, these companies must disclose details about trust claims during the discovery phase of the lawsuit.
While some states have passed laws that prohibit the sharing, many courts have allowed sharing. However, the U.S. Department of Justice has been urging for greater accountability in asbestos trusts because they lack protections against fraud and sloppy management.
The American Association for Justice offers assistance and resources to asbestos lawyers. Members can connect with each other through a list server for plaintiffs only and also attend meetings during the AAJ's winter and annual conventions. The Asbestos Litigation Group is open to Regular Life, Sustaining, and President's Club AAJ members. The lawyers in the group are primarily involved in cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may help victims receive compensation for their losses. Medical bills, lost income expenses for home care, emotional distress and suffering are all covered. Asbestos victims may also seek punitive damages from negligent companies that put profits over worker safety.
The amount of an award or settlement will depend on the specific losses suffered by the victim. Each case should be assessed by a knowledgeable New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
Mesothelioma and other asbestos-related diseases are not easy to diagnose or treat. It is important that victims have a knowledgeable legal team who can determine the sources of asbestos exposure and anticipate the defenses of the responsible parties.
During the mesothelioma lawsuit procedure the victim's legal team is responsible for collecting evidence and analyzing the asbestos exposure of the victim to establish that defendants' actions caused the asbestos-related disease. They might interview current and former employees who worked on the job places where their client was exposed. They can also look over documents from the factory or financial records that prove that the defendants were aware of the dangers associated with asbestos and did not protect their workers.
There aren't any public statistics for Connecticut that give information on asbestos cases and verdicts. However, national evidence suggests that the majority of asbestos cases settle prior to trial. The majority of those that go to trial end up being a victory for the plaintiff, even though there have been asbestos jury verdict cases which were reduced to account for medical insurance benefits that the victim or their loved ones received.
There are a variety of kinds of asbestos litigation dockets in the country, each with its own rules and procedures. In the upstate region of New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket that is controlled by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -the judge - Justice Richard T. Aulisi and operates under an asbestos-specific case management order.