Your Family Will Be Thankful For Getting This Asbestos Litigation Group
Asbestos Litigation Group
If you're working on asbestos litigation or another harmful tort, you'll need a company that can provide complete support. This includes providing electronic discovery management, high-tech deposition services; and a comprehensive solution for managing large volumes of case data.
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 unsuccessful however it was the beginning of a decade-long effort by asbestos companies to compensate victims for their exposure.
In the 1960s, health researchers began to recognize a connection between asbestos and various diseases such as mesothelioma. The asbestos industry tried to keep these findings quiet however, news articles about the research began to circulate. Workers' unions, among other groups, demanded that asbestos producers inform the public about the dangers of asbestos.
During this period asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was made possible by the laws that require anyone who creates an unsafe product to provide the consumer a warning so that they can protect themselves.
In the 1980s, the pattern of asbestos lawyer litigation shifted. Attorneys began representing asbestos-exposed employees at other places of work instead of focusing only on asbestos miners and asbestos manufacturers. Railroads, refineries, shipyards and shipyards were among the industries that were affected. These claims often resulted in large class actions.
One of the major issues with this litigation pattern was that many plaintiffs' lawyers took on too much work. They specialized in contacting clients, bundling them together and filing lawsuits in large quantities. The purpose of these mass filings was to overwhelm the court system and the defendants.
Many plaintiffs' law firms focused on generating profit instead of focusing on their injured clients. Some firms screened their clients with mobile vans that emitted images, and denied compensation for serious illnesses like mesothelioma emerged.
Kazan Law's attorneys Kazan Law specialize in representing individuals diagnosed with 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 the national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend AAJ's Annual and Winter Conventions. The extensive involvement in asbestos litigation provides our firm with a unique advantage. We can provide our clients with the best possible representation in these difficult cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of many people who have suffered similar asbestos injuries. These asbestos lawsuits enable victims to be compensated without having to make individual claims. This can be time-consuming and costly.
Asbestos class action lawsuits are also an effective method of getting victims the compensation they deserve. In a class action, one plaintiff is appointed to represent the entire group. The plaintiff and their mesothelioma attorneys can concentrate on constructing strong cases in order to obtain the best outcome for the family of the victim.
Class actions can be found in a variety of areas across the country where there is an abundance of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma lawsuits into one trial, ensuring that each case could be dealt with in an efficient manner rather than having to go through a series of trials.
However, it's important to remember that class actions are not always in the best interest of the victims. The biggest issue with mesothelioma settlements lies in the fact that victims are not compensated as much as they would be when they filed their own lawsuit against asbestos companies.
The mesothelioma lawyers of Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos-related litigation. For more than two decades, we have been devoted to providing patients and their families with comprehensive legal support. Our lawyers are knowledgeable about the ins and outs of bringing mesothelioma-related lawsuits in state courts, as well as federal courts.
We represent victims all over 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 a mesothelioma case against negligent asbestos manufacturers, regardless of whether you live in California, Florida or anywhere else. Contact us today to schedule a free consultation. We're more than willing to discuss your situation with you and discuss with you the options that are available.
Asbestos Bankruptcy Trusts
In the bankruptcy process, asbestos companies set aside money to compensate victims of mesothelioma, or other asbestos-related diseases. Instead of suing the company, victims make trust fund claims. The trusts are designed to ensure that there is enough money to pay for all claims that are valid.
You must meet certain eligibility requirements to file an application. To be eligible, you must have worked for a company where the trust was established and have been diagnosed with an asbestos-related disease. You must also provide proof that you were exposed to asbestos, such as employment records, affidavits from those who worked with you and, in certain instances radiographs or pathology reports. If you are filing on behalf a deceased individual you must submit a death certificate.
Additionally, each asbestos trust has its own criteria for evaluating a claim. Some have a two-step process known as expedited review, and others use an individual review process. Lawyers who specialize in asbestos litigation will assist you in determining the most effective method of claim processing.
Asbestos trusts must equitably compensate claimants who have similar diseases. To determine this, they must have established disease levels that range from mesothelioma to the pleural disease, without significantly limiting lung function.
People frequently make trust funds and lawsuits against multiple asbestos companies who are responsible for their exposure. According to the laws of each state, these companies must disclose information about trust claims during the discovery phase of a lawsuit.
While some states have passed laws to stop the sharing, many courts have allowed it. However the U.S. Department of Justice has been urging for greater accountability for asbestos trusts, citing that they lack security measures to stop fraud and mismanagement.
The American Association for Justice offers resources and support to asbestos lawyers (visit the next document). Members can connect with each other through a plaintiffs-only list server and attend meetings during the AAJ's annual and winter conventions. The Asbestos Litigation Group welcomes Regular, Life, Sustaining, and President's Club AAJ members. The lawyers in the group are primarily involved in cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit will aid victims in recovering compensation for their losses. Medical expenses, lost income, home-care expenses, emotional distress and pain and suffering are all included. Asbestos victims might also be able to pursue punitive damages against negligent businesses that put profit over worker safety.
The amount of a settlement or award is contingent on the unique losses suffered by the victim. Each case should be assessed by a knowledgeable New York mesothelioma attorney who will ensure victims receive maximum compensation.
It is not easy to identify and treat mesothelioma and other asbestos-related illnesses. This is why it is critical that victims have a legal advocate that knows how to find the right sources of exposure, and who can anticipate defenses from the accountable parties.
During the mesothelioma legal process, a victim's legal team will be able to gather evidence and analyzing their exposure to asbestos to demonstrate that the asbestos-related disease was the result of defendants actions. They can interview current and former employees who worked at the job sites where their client was exposed. They may also examine the records of factories and financial documents that show the defendants knew about the dangers of asbestos and did not take precautions to protect their workers.
Although there aren't any official data in Connecticut that give information on asbestos cases and verdicts, national data indicates that most asbestos cases settle prior to 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 award cases which were reduced to take into account the medical insurance benefits that the victim or their loved family members received.
There are many different types asbestos litigation dockets in the United States, each with its specific rules and procedures. In upstate New York the 5th Judicial District that comprises Onondaga and Oswego and Herkimer and Jefferson is home to an asbestos attorneys docket supervised by Justice Charles C. Merrell. The 4th District, on the other the other hand has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi and is governed by an order for case management that is specific to asbestos.