Asbestos Litigation Group
If you're working on asbestos litigation or another harmful tort issue, you require a firm that can offer complete support. This includes providing electronic discovery management; high-tech deposition services; and a comprehensive solution to manage large volumes of case information.
This group is open to Regular Life, Sustaining, and President's Club AAJ 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 however it was the beginning of a long-running effort to make asbestos companies pay for their exposure.
In the 1960s, health researchers began to realize that there was a link between asbestos and the diseases like mesothelioma. The asbestos industry tried hard to hide the findings however, news about the research began to surface. Unions for workers and other organizations began to demand that asbestos manufacturers be forced to inform people about the dangers of the dangerous mineral.
In the course of this time, asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible through laws that require anyone who creates a hazardous product to provide notice to consumers to ensure they are protected themselves.
By the 1980s, the pattern of asbestos litigation shifted. Attorneys began representing asbestos-exposed workers at other places of work, instead of focusing solely on asbestos miners or asbestos manufacturers. This included shipyards, refineries, railroads and power plants. These claims usually grew into large class actions.
One of the major issues with this litigation pattern was that a lot of plaintiffs' lawyers took on too many tasks. They were specialized in contacting and coordinating clients to file lawsuits in huge quantities. The purpose of these mass filings was to overburden the court system and the defendants.
Many of the plaintiffs' firms were more focused on generating profits than looking after their injured clients. Some even screened clients using mobile x-ray vans. They denied them compensation when serious illnesses developed like mesothelioma.
The lawyers at 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 are involved in regular meetings of national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server and attend the AAJ's Annual and Winter Conventions. The extensive involvement in asbestos litigation gives our firm an advantage. We can offer our clients the most effective representation in these complex cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar asbestos injuries. These types of asbestos lawsuits enable victims to receive compensation without having to make individual claims against a number of defendants which can be costly and time-consuming.
Asbestos class action lawsuits are a faster way to get victims the compensation they deserve. 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 strong cases to get the best outcome for the family of the victim.
There are many regions in the United States where 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 case so that each claim could be settled efficiently, rather than having to undergo multiple individual trials.
It's important to remember that class actions may not always be in the best interests of victims. The main issue with mesothelioma class action settlements is that they are often unable to provide victims with the same compensation as they would in the event of filing their own individual lawsuit against the companies accountable for their asbestos exposure.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other types of asbestos litigation. For over two decades, we've dedicated ourselves to providing patients and their families with comprehensive legal support. Our lawyers know the ways and disadvantages 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 reside in or around New York. Whether you live in California or Florida we can assist you receive the compensation you deserve as a result of a mesothelioma lawsuit against negligent asbestos manufacturers. Call us today for an initial consultation for no cost. We're available to discuss your situation and explain the options available to you.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies set aside money to compensate victims of mesothelioma, or other asbestos-related diseases. In lieu of suing a business the victims can make a trust fund claim. The trusts are created to ensure that there is enough money available to pay for all claims that are valid.
You must meet certain eligibility requirements to file a claim. To be eligible, you must have worked for a company where the trust was created and have been diagnosed with an asbestos-related illness. You should also be able to prove that you were exposed to asbestos, including employment records, affidavits of employees who worked with you and, in certain instances, pathology reports or radiographs. If you're filing on behalf someone who died you must submit the death certificate.
Each asbestos trust has its own set of rules to determine the best way to assess claims. Some utilize a two-step expedited review process, while others rely on an individual review system. Lawyers who specialize in asbestos lawsuit litigation can help you determine the best method for processing claims.
Asbestos trusts are required to pay claimants suffering from similar diseases fairly. To determine this, they must have established disease levels, which vary from mesothelioma through Pleural disease that is not significantly restricted in the pulmonary function.
It is normal for people to make trust funds and lawsuits against multiple asbestos companies responsible for their exposure. According to the laws of each state the companies are required to disclose information about trust claims during the discovery phase of a lawsuit.
While certain states have passed laws that prohibit the sharing of information, a majority of courts have permitted it. The U.S. Department of Justice however, has called for greater accountability for asbestos trusts. They claim that they are not protected from fraudulent claims 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 is open to Regular Life, Sustaining, and President's Club AAJ members. The group's attorneys concentrate on cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could assist victims to receive compensation for their losses. These include medical expenses, loss of income as well as home care expenses, emotional suffering, distress and loss of quality of life. Asbestos victims may also seek punitive damages from negligent companies who put profits over worker safety.
The amount of an award or settlement will depend on the victim's unique losses. Each case is assessed by a knowledgeable New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
Mesothelioma and other asbestos-related illnesses are not easy to detect or treat. It is essential that patients have a skilled legal team who can identify the sources of asbestos exposure and anticipate defenses from the liable parties.
During the mesothelioma lawsuit process the legal team of the victim spends time collecting evidence and investigating the victim's exposure to asbestos to establish that the actions of defendants caused the asbestos-related illness. They may also interview former and current employees who worked at the job locations where the client was exposed. They can also review documents from the factory or financial records that prove that the defendants were aware of the dangers that asbestos poses and did not protect their workers.
Although there aren't any official statistics in Connecticut that give information on asbestos cases and verdicts. However, national data indicates that most asbestos cases settle prior to trial. The majority of those that reach trial result in a victory for the plaintiff, though there have been a few asbestos jury verdicts which were reduced to take into account medical insurance benefits the victim or their loved family members received.
There are many different types 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 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 dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is asbestos-specific.