Asbestos Litigation Group
You require a firm that can offer a comprehensive service whether you're working on asbestos litigation, or another toxic tort case. This includes electronic discovery management, high-tech depositions and a comprehensive solution to manage huge volumes of information.
This group is open to Regular Life, Sustaining, Life 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 attorney lawsuit in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was unsuccessful, but it marked the beginning of a decade-long campaign to force asbestos companies pay victims for their exposure.
In the 1960s, health researchers began to recognize a connection between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed however, news articles about the research started to surface. Unions representing workers, along with other groups, demanded that asbestos lawyer manufacturers inform the public about the dangers.
In the course of this time, a number of asbestos manufacturers were found guilty of negligence and required to compensate victims. This was made possible through laws which require anyone who makes a dangerous product to give information to consumers to protect themselves.
In the 1980s, asbestos litigation started to change. Instead of focusing on asbestos miners and manufacturers, lawyers represented people exposed to asbestos in other work environments. Railroads, refineries, and shipyards were among the workplaces that were affected. These claims were often consolidated into large class actions.
One of the biggest issues with this type of litigation was that plaintiffs' lawyers took on too much work. They specialized in soliciting and coordinating clients to file lawsuits in large numbers. These mass filings were intended to overwhelm the court system and the defendants.
Many plaintiffs' firms were more focused on generating profits than looking after their injured clients. Some firms screened their clients with mobile vans that emit images, and denied compensation if serious illnesses like mesothelioma developed.
The lawyers at Kazan Law specialize in representing those suffering from asbestos-related diseases, including mesothelioma. They were named as "Best Lawyers for Asbestos Litigation" by U.S. News & World Report. They attend the AAJ's Annual Convention and Winter Convention and participate in regular meetings with the national Asbestos Trial Attorneys Association. This extensive involvement in asbestos litigation provides our firm with a distinct 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 a variety of people who have suffered similar asbestos injuries. These asbestos lawsuits enable victims to receive compensation, without having to submit individual claims. This can be time-consuming and costly.
Asbestos class action lawsuits are also a faster way to get victims the compensation they need. In a class action, one plaintiff is chosen to represent the group as a whole. The plaintiffs and their mesothelioma lawyers can focus on building strong case to achieve the best possible outcome for the family of the victim.
There are numerous regions in the United States in which asbestos exposure is high. Class actions are common. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single instance, so that each claim could be resolved quickly, rather than going through multiple individual trials.
However it is important to remember that class actions aren't always in the best interest of the victims. The primary issue with mesothelioma class action settlements is that they tend not to give victims as much compensation as they would when they had filed an individual lawsuit against the companies accountable for their asbestos lawsuits exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys that are skilled in representing asbestos victims in class actions and other types of litigation. For more than two decades, we've dedicated ourselves to providing families and patients with complete legal assistance. Our lawyers know the details of bringing mesothelioma-related 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. Whether you live in California or Florida we can help you receive the compensation you deserve from a mesothelioma lawsuit against negligent asbestos manufacturers. Call us now to schedule a free consultation. We're willing to discuss your situation with you and discuss with you the options that are available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos-related companies, they set aside funds to compensate victims suffering from mesothelioma and other asbestos-related illnesses. Instead of suing a company or a person, victims can make an appeal to the trust fund. Trusts guarantee that there is enough money to pay all legitimate claims.
You must meet certain eligibility requirements in order to file a claim. You must have worked for a company that set up the trust and be diagnosed with an asbestos-related disease to qualify. You must also show proof of exposure, which includes employment records, affidavits from people who worked with you and in certain cases such cases, pathology reports or Xrays. If you're filing on behalf of someone who died you must submit the death certificate.
Each asbestos trust also has its own set of rules to determine how to evaluate claims. Some trusts use a two-step process known as expedited review, and others use an individual review system. Lawyers who specialize in asbestos litigation can help you determine the best method of claim processing.
Asbestos trusts must compensate claimants with similar diseases equitably. To do this, they have established the levels of disease that vary from mesothelioma without significant respiratory function to pleural disorders.
It is typical for people to make trust funds and lawsuits against several asbestos companies accountable for their exposure. Under state law, companies may be required to divulge details regarding trust claims during the discovery phase.
While some states have passed laws to stop the sharing of this information, most courts have allowed it to happen. The U.S. Department of Justice however, has called for greater accountability for asbestos trusts. They claim that they are not protected from fraud and mismanagement.
The American Association for Justice offers assistance and resources to asbestos lawyers. Members can network on a plaintiff-only list server and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining, and President's club AAJ members. The attorneys in the group are primarily involved in cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could assist victims to receive compensation for their losses. These include medical bills, loss of income as well as home care expenses emotional stress, pain and suffering, and lost quality of life. Asbestos victims can also seek damages for punitive harm from negligent companies that put profits over worker safety.
The amount of a settlement or award is contingent on the unique losses suffered by the victim. It is essential that every case is assessed by an experienced New York mesothelioma lawyer who will ensure that victims receive maximum compensation.
Mesothelioma and other asbestos-related illnesses are not easy to diagnose or treat. This is why it is critical that the victims have an attorney that knows how to find the most appropriate sources of exposure and anticipate the defenses of liable parties.
In the process of a mesothelioma suit the legal team of the victim will be gathering evidence and investigating the asbestos exposure of the victim in order to establish that defendants' actions caused the asbestos-related disease. They may interview employees from the past and present who worked at the job locations where their client was exposed. They can also look over the records of the factory and financial records that prove that the defendants were aware of the risks associated with asbestos and did not take precautions to protect their employees.
Although there aren't any official data in Connecticut that provide information about asbestos cases and verdicts, nationwide data indicates that most asbestos lawsuits cases settle prior to trial. The majority of cases that go to trial end up being winning for the plaintiff, even though there have been asbestos jury verdicts that were reduced to account for medical insurance benefits that the victim or loved ones received.
There are also many different kinds of asbestos litigation dockets throughout the nation, each with distinct rules and procedures. In upstate New York the 5th Judicial District which includes Onondaga and Oswego and Herkimer and Jefferson is home to an asbestos docket overseen by Justice Charles C. Merrell. The 4th District, on the other the other hand has a judge who is committed to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is asbestos-specific.