Asbestos Litigation Group
You require a company that can provide a full range of support whether you're working on asbestos litigation, or a different toxic tort case. This includes electronic discovery management, high-tech depositions, and a complete solution for managing huge volumes of information.
The group is open to members of all AAJ members including 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 not successful, but it marked the start of a decades-long campaign to force asbestos companies pay compensation to victims of their exposure.
In the 1960s, health researchers began to recognize a connection between asbestos and various diseases like mesothelioma. The asbestos industry tried to keep the findings from being revealed, but articles about this research began to surface. Unions for workers and other organizations began to demand that asbestos manufacturers be forced to inform people about the dangers posed by the deadly mineral.
During this time, many asbestos producers were found to be negligent and required to pay compensation to victims. This was possible because of laws that require anyone who creates a dangerous product, to notify consumers to be protected.
In the 1980s, the pattern of asbestos litigation had changed. Instead of focusing on asbestos miners and manufacturers, lawyers represented those exposed to asbestos in other work environments. Shipyards, refineries and railroads were among the workplaces that were affected. These claims often grew into large class actions.
One of the major issues with this litigation pattern was that many plaintiffs' lawyers were tasked with too much work. They were specialized in contacting clients, aggregating them and filing lawsuits in large quantities. These mass filings were intended to overwhelm the court system and the defendants.
Many firms representing plaintiffs were more concerned with generating profits than looking after their clients who were injured. Some even screened their clients with mobile x-ray vans, and denied them compensation when serious illnesses arose, such as 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 are involved in the regular meetings of the national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend AAJ's Annual and Winter Conventions. This broad involvement in asbestos litigation gives our firm an advantage. We can offer our clients the best possible representation in these complex 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 receive compensation without the need to file individual claims against multiple defendants which can be costly and time-consuming.
Asbestos class action lawsuits are also an efficient method of obtaining victims the compensation they require. In the case of a class action, a single plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers can concentrate on constructing solid cases to get the best outcome for the victim and their family.
Class actions are common in various areas of the country where there is an abundance of asbestos exposure. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases into one trial, so that each case could be settled in an efficient manner instead of having to go through multiple individual trials.
It's important to remember that class actions may not be in the best interest of the victims. The most significant 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.
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 over two decades, we have dedicated ourselves to providing families and patients with complete legal assistance. Our lawyers are knowledgeable about the details of filing mesothelioma lawsuits state courts as well as federal courts.
We represent victims all over the United States, even though the majority of them live in or around New York. If you reside in California or Florida, we can help you receive the compensation you deserve as a result of a mesothelioma lawsuit against negligent asbestos producers. Call us today for an initial consultation for no cost. We are available to discuss your situation and provide options to you.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy procedure companies put aside funds to pay compensation for patients suffering from mesothelioma and various asbestos-related diseases. In lieu of suing a business or a person, victims can file an appeal to the trust fund. The trusts ensure that there is enough money to cover all legitimate claims.
You must meet certain eligibility requirements to file a claim. To qualify, you must have worked at a company for which the trust was created and be diagnosed with an asbestos-related condition. You should also be able to prove that you were exposed to asbestos, such as employment records, affidavits of those who worked with you and, in some cases radiographs or pathology reports. If you are filing on behalf a deceased individual, you will need to provide a death certificate.
Each asbestos trust also has its own set of criteria for evaluating claims. Some have a two-step process known as expedited review, and others employ an individual review system. Lawyers who specialize on asbestos litigation can help in determining the best way to handle claims.
Asbestos trusts have to pay claimants suffering from similar diseases fairly. To do this, they established disease levels that range from mesothelioma without significant respiratory function to pleural disorders.
It is common for people to file trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. In accordance with the law of the state, companies could be required to disclose details about trust claims during the litigation discovery phase.
While certain states have passed laws to prevent sharing, many courts have allowed the sharing. However the U.S. Department of Justice has been calling for increased accountability in asbestos trusts because they lack safeguards to prevent fraud and mismanagement.
The American Association for Justice provides support and resources for asbestos lawyer lawyers. Members can network through a list server for plaintiffs only 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 attorneys in the group primarily handle cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may help victims receive compensation for their losses. Medical expenses, lost income, emotional distress, home-care costs and pain and suffering are all covered. Asbestos-related victims can also seek damages for punitive harm from negligent businesses that place profits ahead of worker safety.
The amount of an award or settlement is contingent on the specific losses experienced by the victim. Each case should be evaluated by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.
It is not easy to diagnose and treat mesothelioma or other asbestos-related diseases. This is why it is critical that patients have an attorney on their side who is aware of the most appropriate sources of exposure and can anticipate the defenses of accountable parties.
In the process of a mesothelioma suit, the victim's legal team is responsible for collecting evidence and investigating the victim's exposure to asbestos to establish that the defendants' actions led to the asbestos-related illness. They can interview employees from the past and present who worked at the work sites where their client was exposed. They may also review financial documents and factory records that show the defendants knew about asbestos' dangers and failed to protect their workers.
Although there aren't any public statistics that provide information regarding asbestos cases or verdicts in Connecticut but national data indicates that the majority of asbestos cases are settled before trial. The majority of asbestos cases that go to trial end in a win for the plaintiff. However there have been several asbestos jury award cases that were reduced to take into account the medical insurance benefits that the victim or loved family members received.
There are also many different types of asbestos lawyers litigation dockets throughout the nation, each with its own rules and procedures. In the upper reaches of New York, the 5th Judicial District (which includes Onondaga, Oswego, Herkimer and Jefferson) has an asbestos lawsuits-specific docket that is 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.