Asbestos Litigation Group
You require a company that can provide comprehensive support, whether you are involved in 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 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, but it marked the beginning of a long-running campaign to force asbestos companies pay for their exposure.
In the 1960s, health scientists began to see that there was a link between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed but news reports about the research began to circulate. Unions for workers and other groups began demanding that asbestos manufacturers be forced to inform people about the dangers of the deadly mineral.
In the course of this time, a number of asbestos lawyer manufacturers were found to be negligent and were required to compensate victims. This was made possible by laws that require anyone who makes dangerous products to notify the public so that they can safeguard themselves.
In the 1980s, asbestos litigation began to shift. Attorneys began representing asbestos-exposed employees in other workplaces instead of focusing only on asbestos miners and asbestos manufacturers. This included shipyards, refineries railways, power plants and shipyards. These claims usually resulted in large class actions.
This pattern of litigation had several issues, including the fact that plaintiffs' attorneys took on far too much work. They were specialized in contacting and coordinating clients to file lawsuits in huge quantities. The purpose of these mass filings was to overwhelm the court system and the defendants.
Many of the plaintiffs' firms were more concerned with generating profits than looking after their injured clients. Some firms screened their clients with mobile vans that emitted x-rays, and denied compensation for serious illnesses like mesothelioma emerged.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases including mesothelioma. They have been ranked by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They are involved in regular meetings of the national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend the AAJ's Annual and Winter Conventions. This broad involvement in asbestos litigation gives our firm a unique advantage. We can offer our clients the best possible representation in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a group of people with similar asbestos attorneys injuries. These kinds of asbestos lawsuits permit victims to receive compensation without the need to bring individual claims against several defendants which can be expensive and time-consuming.
Asbestos class action lawsuits are an effective method of obtaining the compensation that victims need. In a class action, one plaintiff is appointed to represent the group as a whole. The plaintiffs and their mesothelioma lawyers can focus on building solid arguments to get the best outcome for the family and victim.
Class actions can be found throughout the country with a high concentration of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases in one trial, so that each case could be resolved in an efficient manner instead of going through several individual trials.
However, it's important to keep in mind that class actions aren't always in the best interest of the victims. The main issue with mesothelioma class action settlements is that they tend not to provide victims with the same compensation as they would have received if they had filed an individual lawsuit against the companies responsible for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys who are experienced in representing asbestos victims in class actions and other types litigation. For over two decades, we have committed ourselves to providing families and patients with complete legal assistance. Our lawyers know how to file mesothelioma cases in both federal and state courts.
We represent victims across the United States, even though the majority of them reside in or around New York. No matter if you are in California or Florida we can assist you receive the compensation you are entitled to from a mesothelioma lawsuit against negligent asbestos producers. Contact us now for a no-obligation consultation. We're happy to discuss your needs and provide options to you.
Asbestos Bankruptcy Trusts
In the bankruptcy process, asbestos companies set aside money to compensate victims suffering from mesothelioma or other asbestos lawyer-related diseases. Instead of suing a company the victims can submit a trust fund claim. The trusts are designed to guarantee that there is enough money available to cover all legitimate claims.
To submit a claim to an asbestos trust, you must meet the eligibility requirements. You must have worked for the company that created the trust and be diagnosed with an asbestos-related disease to qualify. You should also be able to prove that you were exposed to asbestos, for example employment records, affidavits of people who worked with your and, in some cases radiographs or pathology reports. If you are filing on behalf a deceased individual you must provide a death certification.
In addition each asbestos trust has its own set of criteria for how to review an application. Some have a two-step process known as expedited review, and others have an individual review process. Lawyers who specialize on asbestos litigation can help in determining the best method for processing claims.
Asbestos trusts must compensate claimants suffering from similar diseases fairly. To do this, they established the levels of disease that vary from mesothelioma without significant pulmonary function to pleural diseases.
People often make trust funds and lawsuits against multiple asbestos companies that are accountable for their exposure. According to the laws of each state they must provide details about trust claims during the discovery phase of the lawsuit.
While certain states have passed laws to stop sharing, many courts have allowed the sharing. However, the U.S. Department of Justice has been calling for more accountability in asbestos trusts citing that they lack safeguards to prevent fraud and sloppy management.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can join an exclusive list server for plaintiffs 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 of the group concentrate on cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may assist victims to receive compensation for their losses. Medical bills, lost income emotional distress, home-care costs and pain and suffering are all included. Asbestos victims may also seek punitive damages from negligent companies that put profits over worker safety.
The amount of an award or settlement is contingent on the unique losses suffered by the victim. Each case should be examined by an experienced New York mesothelioma attorney who will ensure that victims receive the maximum compensation.
It isn't easy to recognize and treat mesothelioma as well as other asbestos-related diseases. This is why it is crucial that victims have a legal advocate on their side who knows how to find the sources of exposure and can anticipate the defenses of responsible parties.
During the mesothelioma litigation process, the lawyer representing the victim will spend time gathering evidence and investigating their exposure to asbestos in order to prove that the asbestos-related illness was caused by the defendants' actions. They may interview former and current employees who worked at the job sites where their client was exposed. They may also review financial documents and factory records that reveal that the defendants were aware about asbestos' dangers and failed to protect their employees.
Although there aren't any official statistics for Connecticut that give information on asbestos cases and verdicts. However, national evidence suggests that the majority of asbestos cases settle prior to trial. Most cases that go to trial result in winning for the plaintiff, though there have been a few asbestos jury verdict cases that have been reduced to account for medical insurance benefits the victim or loved loved ones received.
There are numerous types of asbestos litigation dockets across the United States, each with their own rules and procedures. In the upstate region of New York the 5th Judicial District which includes Onondaga and Oswego and Herkimer and Jefferson, has an asbestos docket that is overseen by Justice Charles C. Merrell. The 4th District, on the other the other hand, has a judge committed to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is asbestos-specific.