Asbestos Litigation Group
Whether you're working on asbestos litigation or another hazardous tort matter, you need a firm that can offer comprehensive support. That includes providing electronic discovery management, high-tech deposition solutions; and a comprehensive solution for managing large amounts of case data.
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 attorneys 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 to make asbestos companies pay compensation to victims of their exposure.
In the 1960s health researchers began to notice a link between asbestos and certain diseases such as mesothelioma. The asbestos industry attempted to keep the findings from being revealed, but news articles about the research began to spread. Unions of workers and other groups began demanding that asbestos manufacturers be forced to inform people about the dangers of this dangerous mineral.
During this time, many asbestos producers were found guilty of negligence and were required to pay compensation to victims. This was made possible through laws which require anyone who makes an unsafe product to provide the consumer a warning so that they can protect themselves.
In the 1980s, the pattern of asbestos litigation shifted. Attorneys began representing asbestos attorneys-exposed workers in other workplaces, instead of focusing solely on asbestos miners and manufacturers. These included refineries, shipyards, railroads and power plants. These claims usually grew into large class actions.
This pattern of litigation had many issues, including the fact that plaintiffs' attorneys took on far too much work. They specialized in soliciting and coordinating clients to file lawsuits in huge numbers. They were hoping to take over the judiciary and defendants with these massive filings.
Many law firms for plaintiffs focused on generating profits instead of taking care of their injured clients. Some firms screened their clients using mobile vans that released images, and denied compensation when serious illnesses such as mesothelioma arose.
Kazan Law's attorneys Kazan Law specialize in representing those suffering from asbestos-related diseases, including mesothelioma. They have been ranked 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) plaintiff-only list server and attend AAJ's Annual and Winter Conventions. This extensive involvement in asbestos litigation provides our firm with a distinct advantage. We can provide our clients with the most effective representation possible in these difficult 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 allow victims to receive compensation without the need to bring individual claims against several defendants, which can be costly and time-consuming.
Asbestos class action lawsuits are an effective method of obtaining the compensation victims need. In a class action lawsuit, a plaintiff is chosen to represent the whole group. The plaintiff and their mesothelioma attorneys can concentrate on building solid cases to obtain the best outcome for the family of the victim.
Class actions can be found throughout the country that have 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 into a single trial so that each case could be dealt with efficiently rather than having to go through a series of trials.
However it is important to keep in mind that class actions aren't always in the best interest of victims. The most significant issue with mesothelioma settlements is 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 attorneys who have years of experience representing asbestos victims in class actions and other forms of litigation. For over two decades, we have committed ourselves to providing families of patients with a full legal assistance. Our lawyers are knowledgeable about the ways and disadvantages of bringing mesothelioma-related lawsuits in state courts, as well as federal courts.
While the majority of our clients reside in and around New York, we regularly represent victims across the United States. No matter if you are in California or Florida we can assist you get the compensation you deserve as a result of a mesothelioma lawsuit against negligent asbestos producers. Contact us today to schedule a free consultation. We're happy to discuss your case with you and go over with you the options available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies set aside money to compensate victims suffering from mesothelioma or other asbestos-related diseases. In lieu of suing a business the victims can submit a trust fund claim. The trusts are created to ensure that there is enough money to pay for all claims that are valid.
To make a claim through an asbestos trust, you must meet eligibility requirements. To be eligible you must have worked for a company where the trust was established and have been diagnosed with an asbestos-related illness. You must also show proof of exposure, such as employment records, affidavits from people who worked with you and in some instances such cases, pathology reports or Xrays. If you're filing on behalf a deceased person you must also provide a death certificate.
Additionally, each asbestos trust has its own rules for how to review the claim. Some trusts use a two-step speedy review procedure, while others rely on an individual review system. Lawyers who specialize in asbestos litigation will assist you in determining the best method for processing your claim.
Asbestos trusts are required to equitably compensate claimants who have similar illnesses. To do this, they established levels of disease that range from mesothelioma with no significant lung function to pleural diseases.
It is typical for people to make trust funds and lawsuits against multiple asbestos companies responsible for their exposure. Based on the state's law, these companies must disclose information regarding trust claims during the discovery phase of a lawsuit.
While certain states have passed laws that prohibit the sharing of this information, many courts have allowed it to happen. However, the U.S. Department of Justice has been calling for more accountability in asbestos trusts noting that they do not have security measures to stop fraud and sloppy management.
The American Association for Justice provides support and resources for asbestos lawyers. Members can connect with each other through a list server for plaintiffs only, and attend meetings during the AAJ's annual and winter conventions. The asbestos attorney Litigation Group welcomes Regular Life, Sustaining, and President's Club AAJ members. The group's attorneys primarily handle cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can aid victims in recovering compensation for their losses. Medical expenses, lost income, emotional distress, home-care costs and suffering are all covered. Asbestos-related victims may also be able seek punitive damages against negligent companies who put profits before safety of workers.
The amount of an award or settlement is contingent on the individual losses of the victim. Each case must be evaluated by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.
It is not easy to identify and treat mesothelioma or other asbestos-related diseases. It is crucial that the victims have an experienced legal team that can pinpoint the sources of asbestos exposure and anticipate defenses from the parties responsible.
During the mesothelioma legal process, the lawyer representing the victim will be able to gather evidence and investigating their exposure to asbestos to demonstrate that the asbestos-related disease was caused by defendants actions. They may also interview current and former employees who worked at the job sites where the client was exposed. They can also look over the financial records and factory records which show that the defendants knew about asbestos's dangers but failed to protect their workers.
Although there aren't any official statistics for Connecticut that provide information about asbestos cases and verdicts. However, national evidence suggests that the majority of asbestos cases settle prior to trial. The majority of cases that reach trial result in a victory for the plaintiff, even though there have been a few asbestos jury verdicts that have been reduced to account for medical insurance benefits that the victim or their loved family members received.
There are a variety of asbestos litigation dockets across the United States, each with their own rules and procedures. In upstate New York, the 5th Judicial District (which includes Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos attorneys-specific docket that is controlled 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.