Asbestos Litigation Group

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

This group is open to Regular Life, Sustaining, and President's Club AAJ 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 not successful, but it triggered a decade-long effort by asbestos firms to compensate victims for their exposure.

In the 1960s, health experts began to realize that there was a link between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep these findings quiet but news reports about the research began to spread. Workers' unions and other groups started demanding that asbestos producers be required to warn people about the dangers of the deadly mineral.

During this period asbestos producers were found to be negligent and ordered to compensate victims. This was made possible by the laws that require anyone who creates a dangerous product to give the consumer a warning to protect themselves.

In the 1980s, asbestos litigation started to evolve. Attorneys began representing asbestos-exposed workers at other places of work, instead of focusing solely on asbestos miners and asbestos manufacturers. Shipyards, refineries and railroads were among the places of work that were affected. These claims were often consolidated into large class actions.

This kind of litigation had many issues as well as the fact that the attorneys of plaintiffs were tasked with a lot of work. They specialized in soliciting clients, combining them and filing lawsuits in large quantities. They were hoping to overtake the judicial system and the defendants with these massive filings.

Many firms representing plaintiffs were more focused on generating profits rather than taking care of their injured clients. Some even screened their clients with mobile x-ray vans. They denied them compensation when serious illnesses arose like mesothelioma.

Kazan Law specializes in representing clients who suffer from asbestos-related diseases including mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They participate 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 provides our firm with a unique advantage. We can offer our clients the most effective representation in these complicated cases.

Asbestos Class Actions

Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar injuries. These types of asbestos lawsuits permit victims to get compensation without having to file individual claims against multiple defendants which can be expensive and time-consuming.

Asbestos class actions are also an effective method of obtaining the compensation that victims need. In an action that is a group, one plaintiff is chosen to represent the group as a whole. The plaintiffs and their mesothelioma attorneys are able to focus on building a solid arguments to get the best result for the victim and family.

Class actions are common in a variety of areas across the country with a high concentration of asbestos exposure. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases in one trial, so that each case could be settled in an efficient manner rather than having to go through a series of trials.

It is crucial to remember that class actions may not always be in the best interest of victims. The biggest issue 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.

Levy Konigsberg LLP has a team of mesothelioma lawyers who have years of experience representing asbestos victims in class actions and other types of litigation. For more than 20 years, we have been committed to providing comprehensive legal assistance to patients and their families. Our lawyers are knowledgeable about the ways and disadvantages of filing mesothelioma lawsuits in state courts, as well as federal courts.

While the majority of our clients live in and around New York, we regularly represent victims across the United States. We can help you get the compensation you deserve for mesothelioma lawsuits against negligent asbestos attorneys manufacturers, whether you live in California, Florida or anywhere else. Call us today for a free consultation. We are available to discuss your needs and present the options to you.

Asbestos Bankruptcy Trusts

In the asbestos lawsuits bankruptcy process companies set aside money to pay compensation for 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 ensure that there is enough money to pay all legitimate claims.

To submit a claim to an asbestos trust you must satisfy the eligibility requirements. You must have worked for the company that established the trust and be diagnosed with an asbestos-related disease to qualify. You must also provide proof of exposure, including employment documents, affidavits of people who worked for you and in some cases such cases, pathology reports or Xrays. If you're filing on behalf of someone who died you must also provide a death certificate.

Each asbestos trust also has its own set of rules to determine the best way to assess claims. Some use a two-step expedited review procedure, while others use an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the most effective method for processing claims.

Asbestos trusts have to compensate claimants suffering from similar diseases fairly. To achieve this, they have established levels of disease that range from mesothelioma without significant pulmonary function to pleural diseases.

Many people make trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. Based on the state's law the companies are required to disclose information about trust claims during the discovery phase of a lawsuit.

While certain states have passed laws to stop the sharing of information, a majority of courts have permitted the sharing. However, the U.S. Department of Justice has been urging for greater accountability in asbestos trusts, citing that they lack protections against fraud and mismanagement.

The American Association for Justice offers assistance and resources to asbestos lawyers. Members can network via a list server that is exclusively for plaintiffs 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 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 damages for punitive harm from negligent businesses that place profits ahead of worker safety.

The amount of an award or settlement will depend on the specific losses suffered by the victim. It is essential that every case be evaluated by a skilled New York mesothelioma lawyer who will ensure that victims get the most compensation.

It's not easy to identify and treat mesothelioma as well as other asbestos-related illnesses. It is crucial that the victims have an experienced legal team that can pinpoint the sources of asbestos exposure and anticipate the defenses from the liable parties.

During the mesothelioma litigation process, a victim's legal team will spend time collecting evidence and analyzing their exposure to asbestos in order to prove that the asbestos-related illness was the result of defendants actions. They might interview current and former employees who worked at the job places where the victim was exposed. They can also look over the records of the factory and financial documents that show that the defendants were aware of the risks that asbestos poses and did not protect their employees.

While there are no public statistics about asbestos verdicts or cases in Connecticut but national data indicates that the majority of asbestos lawyer cases are settled before trial. Most asbestos cases that reach trial end in a win for the plaintiff. However there have been several asbestos jury awards that were reduced to reflect the medical insurance benefits that the victim or loved ones received.

There are a variety of asbestos litigation dockets across the United States, each with their specific rules and procedures. In upstate New York, the 5th Judicial District (which includes 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 --- Justice Richard T. Aulisi and operates under an asbestos-specific case management order.