Why Asbestos Litigation Group Is Tougher Than You Think

Asbestos Litigation Group

If you're working on asbestos litigation or another toxic tort matter, you need a firm that can offer complete assistance. This includes electronic discovery management, high-tech depositions, and a complete solution for managing large volumes of information.

The group is open to members of all AAJ members which includes Regular Life, Sustaining and President's club members. It meets at the AAJ Annual and Winter conventions.

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 unsuccessful however it was the beginning of a decade-long effort by asbestos companies to pay victims for exposure.

In the 1960s, health researchers began to realize that there was a link between asbestos and the diseases like mesothelioma. The asbestos industry tried to hide these findings but news reports about the research began to circulate. Unions for workers and other organizations began to demand that asbestos manufacturers be forced to inform people about the dangers of the dangerous mineral.

In this time asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible by laws that require anyone creating dangerous products to notify consumers so they can safeguard themselves.

In the 1980s, asbestos litigation started to evolve. Attorneys began representing asbestos-exposed employees in other workplaces instead of focusing only on asbestos miners or asbestos manufacturers. These included shipyards, refineries railways, power plants and shipyards. These claims typically became large class actions.

This pattern of litigation had a number of problems and issues, among them the fact that the attorneys of plaintiffs had to do a lot of work. They specialized in soliciting clients, bundling them together and filing lawsuits in large quantities. They hoped to overtake the judicial system and the defendants with these mass filings.

Many law firms for plaintiffs focused on generating profit rather than caring for their injured clients. Some even screened clients using mobile x-ray vans, and denied them compensation when serious illnesses developed such as mesothelioma.

Kazan Law's attorneys Kazan Law specialize in representing those suffering 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. Their extensive involvement in asbestos litigation gives our firm a unique edge. We can offer our clients the best possible representation in these complicated cases.

Asbestos Class Actions

Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar asbestos injuries. These types of asbestos lawsuits enable 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 a quicker way to get the compensation victims need. In a class-action lawsuit one plaintiff is chosen to represent the whole group. The plaintiff and their mesothelioma lawyers concentrate on constructing strong cases to get the best outcome for the family of the victim.

Class actions can be found in various areas of the country with an elevated level of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma cases into a single instance, so that each claim could be dealt with quickly, rather than having to go through several individual trials.

However it is important to keep in mind that class actions aren't always in the best interests of the victims. The main issue with mesothelioma class actions is that they often fail to provide victims with the same compensation as they would have received in the event of filing their own individual lawsuit against the company responsible for their asbestos exposure.

Levy Konigsberg LLP has a team of mesothelioma attorneys that are experienced in representing asbestos victims in class actions and other types litigation. Since more than 20 years, we have been committed to providing comprehensive legal assistance to patients and their families. Our attorneys know how to file mesothelioma cases in federal and state courts.

We represent victims from all over the United States, even though the majority of them live in or around New York. We can help you receive the compensation you deserve for mesothelioma cases against negligent asbestos manufacturers, whether you live in California, Florida or anywhere else. Contact us today for a no-cost consultation. We're available to discuss your case and provide options to you.

Asbestos Bankruptcy Trusts

In the asbestos bankruptcy process companies set aside money to pay compensation for those suffering from mesothelioma or other asbestos-related diseases. Instead of suing a business or a person, victims can make an appeal to the trust fund. The trusts ensure that there will be enough money to cover all valid claims.

To make a claim through an asbestos trust you must meet eligibility requirements. To be eligible you must have been employed for a company where the trust was created and have been diagnosed with an asbestos-related condition. You must also provide proof that you were exposed to asbestos, including employment records, affidavits of employees who worked with you and, in some instances radiographs or pathology reports. If you're filing on behalf of a deceased person you must also provide a death certificate.

Each asbestos trust has its own set of rules to determine how to evaluate claims. Some use a two-step expedited review process, while others use an individual review system. Lawyers who specialize in asbestos litigation will assist you in determining the best method for processing claims.

Asbestos trusts have to pay claimants suffering from similar diseases equally. To do this, they set disease levels that range from mesothelioma with no significant lung function to pleural diseases.

People often have to file lawsuits and trust funds against multiple asbestos companies who are responsible for their exposure. Under state law, companies may be required to disclose details regarding trust claims during the discovery phase.

While some states have passed legislation to prevent the sharing of this information, many courts have allowed this to happen. However, the U.S. Department of Justice has been urging for greater accountability for asbestos trusts, because they lack protections against fraudulent claims and mismanagement.

The American Association for Justice offers assistance and resources for asbestos lawyers. Members can connect on the list server that is exclusively for plaintiffs and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group is open to Regular Life, Sustaining, and President's Club AAJ members. The attorneys in the group concentrate on cases involving asbestos attorney-related diseases and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit could assist victims to receive compensation for their losses. These include medical expenses, loss of income as well as home care expenses emotional distress, pain and suffering and loss of quality of life. Asbestos-related victims may also be able to seek punitive damages against negligent businesses that put profit over safety of workers.

The amount of a settlement or award is contingent on the specific losses experienced by the victim. It is vital that each case is evaluated by a skilled New York mesothelioma lawyer who will ensure that the victims receive the maximum amount of compensation.

It is not easy to diagnose and treat mesothelioma and other asbestos-related diseases. This is why it is essential that the victims have a legal advocate that knows how to find the sources of exposure, and who can anticipate defenses from the liable parties.

During the mesothelioma legal process, the victim's legal team will spend time collecting evidence and analyzing their exposure to asbestos to demonstrate that the asbestos-related disease was caused by the defendants' actions. They might interview former and current employees who worked at the locations where the client was exposed. They may also examine documents from the factory or financial documents that show that the defendants were aware of the risks that asbestos poses and did not protect their workers.

Although there aren't any official statistics that provide information on asbestos cases or verdicts in Connecticut but national data indicates that the majority of asbestos cases end up in court before trial. The majority of cases that go to trial end up being a victory for the plaintiff, even though there have been asbestos jury verdict cases that were reduced to account for medical insurance benefits the victim or their loved ones received.

There are numerous types of asbestos litigation dockets in the United States, each with their specific rules and procedures. In the upstate region of New York the 5th Judicial District that includes Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket supervised by Justice Charles C. Merrell. The 4th District, on the other hand has a judge who is dedicated to asbestos lawyer cases, Justice Richard T. Aulisi, and operates under a case management order that is specific to asbestos.