Asbestos Litigation Group

Whether you're working on asbestos litigation or another hazardous tort issue, you require a company that can provide comprehensive assistance. This includes electronic discovery management, high-tech depositions, and an all-encompassing solution for managing huge volumes of information.

This group is open to Regular Life, Sustaining, and President's Club AAJ members. It meets at the AAJ Annual and Winter conventions.

Asbestos Litigation History

Anna Pirskowski filed the first asbestos lawsuit in 1929 in Newark federal court in 1929. The case was unsuccessful but it marked the beginning of a decade-long campaign by asbestos firms to compensate victims for exposure.

In the 1960s, health researchers began to notice a link between asbestos and certain diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed however, news articles about the research started to surface. Unions of workers and other groups started demanding that asbestos producers be forced to warn people about the dangers posed by the dangerous mineral.

During this period, asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was made possible through laws that require anyone who develops a dangerous product to give notice to consumers to ensure they are protected themselves.

In the 1980s, pattern of asbestos lawyer litigation changed. Attorneys began representing asbestos-exposed employees in other industries instead of focusing exclusively on asbestos miners and manufacturers. Shipyards, refineries and railroads were among the places of work that were affected. These claims typically resulted in large class actions.

One of the biggest problems with this litigation pattern was that many plaintiffs' lawyers took on too much work. They were specialized in contacting and coordinating clients to file lawsuits in huge numbers. They were hoping to take over the judiciary and defendants by filing massive lawsuits.

Many plaintiffs' law firms focused on generating profits instead of focusing on their injured clients. Some even screened their clients with mobile x-ray vans. They refused them compensation when serious illnesses developed such as mesothelioma.

The attorneys at Kazan Law specialize in representing people who have been diagnosed with asbestos-related illnesses, including mesothelioma. They were ranked as "Best Lawyers for Asbestos Litigation" by U.S. News & World Report. They attend the AAJ's Annual Convention as well as the Winter Convention, and are involved in regular meetings with the national Asbestos Trial Attorneys Association. The extensive involvement in asbestos lawyers litigation gives our firm a unique advantage. We are able to provide our clients the best possible representation in these complicated cases.

Asbestos Class Actions

Mesothelioma lawsuits are filed on behalf of many people who have suffered similar asbestos injuries. These kinds of asbestos lawsuits permit victims to receive compensation without having to bring individual claims against several defendants, which can be costly and time-consuming.

Asbestos class action lawsuits are a quicker way to get the compensation victims need. In a class action lawsuit, the plaintiff is selected to represent the entire group. The plaintiffs and their mesothelioma lawyers are able to focus on building a strong case to achieve the best result for the family and victim.

There are a variety of areas in the United States where asbestos exposure is high. Class actions are common. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases in one trial, ensuring that each case could be settled in an efficient manner instead of going through several individual trials.

It is important to keep in mind that class actions might not be in the best interest of victims. The main problem with mesothelioma settlements lies in the fact that victims aren't compensated as well as they would when they filed their own lawsuit against the asbestos companies.

The mesothelioma attorneys at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos-related litigation. For over two decades, we have dedicated ourselves to providing patients and their families with a full legal assistance. Our lawyers are able to file mesothelioma cases federal and state courts.

While the majority of our clients live in and around New York, we regularly represent victims across the United States. We can assist you in obtaining the compensation you deserve in a mesothelioma case against negligent asbestos manufacturers, whether you live in California, Florida or anywhere else. Contact us now to schedule a free consultation. We're more than eager to discuss your case with you and explain to you the options available.

Asbestos Bankruptcy Trusts

During the asbestos bankruptcy procedure companies set aside money to compensate those suffering from mesothelioma or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients are able to file trust fund claims. The trusts are designed to guarantee that there is enough money available to cover all legitimate claims.

To make a claim through an asbestos trust you must satisfy eligibility requirements. To qualify, you must have worked for a company where the trust was created and have been diagnosed with an asbestos-related disease. You should also be able to prove that you were exposed to asbestos attorneys, for example employment records, affidavits from those who worked with you and, in some cases, pathology reports or radiographs. If you are filing on behalf a deceased individual you must provide a death certificate.

Each asbestos trust also has its own criteria to determine the best way to assess a claim. Certain trusts have a two-step procedure known as expedited review, and others employ an individual review system. Lawyers who specialize in asbestos litigation can help you in determining the most efficient way to handle claims.

Asbestos trusts are required to pay fair compensation to claimants suffering from similar diseases. To do this, they have established the levels of disease that vary from mesothelioma with no significant lung function to pleural diseases.

It is common for people to make trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. According to the laws of each state they must provide details about trust claims during the discovery phase of the lawsuit.

While some states have passed laws that prohibit the sharing of this information, a lot of courts have allowed it to happen. The U.S. Department of Justice however, has pushed for greater accountability of asbestos trusts. They cite that they aren't protected against fraud and poor management.

The American Association for Justice provides resources and support for asbestos lawyers. Members can connect with each other through a plaintiffs-only list server, and attend meetings during the AAJ's winter and annual conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining and President's Club AAJ members. The group's attorneys concentrate on cases involving an asbestos-related diagnosis and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit will help victims recover compensation for their losses. These include medical expenses, loss of income, home care expenses emotional suffering, distress, and lost quality of life. Asbestos victims may also seek damages for punitive harm from negligent companies who put profits over worker safety.

The amount of an award or settlement is contingent on the specific losses suffered by the victim. Each case must be evaluated by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.

It isn't easy to diagnose and treat mesothelioma or other asbestos-related illnesses. It is essential that patients have a knowledgeable legal team that can pinpoint the sources of exposure to asbestos and anticipate the defenses from the liable parties.

In the mesothelioma lawsuit process, the victim's legal team will spend time collecting evidence and investigating their exposure to asbestos to establish that the asbestos-related illness was caused by the defendants' actions. They might interview employees, both former and current, who worked at the work sites where the client was exposed. They can also look over the records of factories and financial documents that reveal that the defendants were aware about the dangers of asbestos and failed to protect their workers.

Although there aren't any official statistics on asbestos cases or verdicts in Connecticut, national data shows that most asbestos cases end up in court before trial. The majority of asbestos cases that go to trial end with a victory for the plaintiff. However there have been a few asbestos jury awards which were reduced to reflect the medical insurance benefits that the victim or loved family members received.

There are many types of asbestos lawyers litigation dockets throughout the country, each having distinct 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 overseen by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -the judge - Justice Richard T. Aulisi -- and is governed by an asbestos-specific case management order.