Asbestos Litigation Group
If you're working on asbestos litigation or another hazardous tort, you'll need a firm that can offer an extensive support. This includes electronic discovery management, high-tech depositions, and a comprehensive solution to manage massive amounts of information.
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 lawsuit in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was not successful 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 see that there was a link between asbestos and the diseases like mesothelioma. The asbestos industry tried to keep the findings quiet however, news about the research started to spread. Unions of workers and other groups began demanding that asbestos producers be forced to warn the public about the dangers of this dangerous mineral.
In the course of this time asbestos producers were found to be negligent and ordered to compensate victims. This was made possible by laws that require anyone who develops an unsafe product to provide notice to consumers so that they can protect themselves.
In the 1980s, asbestos lawyer litigation began to change. Attorneys began representing asbestos-exposure workers in other industries, instead of focusing solely on asbestos miners and manufacturers. Railroads, refineries, and shipyards were among the industries that were affected. These claims usually resulted in large class actions.
One of the major issues with this litigation pattern was that many plaintiffs' lawyers took on too much work. They were specialized in contacting and bundling clients to file lawsuits in large quantities. They hoped to overwhelm the judicial system and the defendants by filing massive lawsuits.
Many plaintiffs' firms were more focused on generating profits than caring for their injured clients. Some even screened their clients with mobile x-ray vans, and denied them compensation when serious illnesses developed such as mesothelioma.
The attorneys at 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 are involved in regular meetings of the national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, and attend 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 representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large number of people with similar asbestos injuries. These kinds of asbestos lawsuits permit victims to get compensation without having to file individual claims against multiple defendants which can be expensive and time-consuming.
Asbestos class action lawsuits are a quicker way to get the compensation victims need. In a class-action lawsuit a plaintiff is chosen to represent the whole group. The plaintiff and their mesothelioma lawyers focus on building strong cases to achieve the best possible outcome for the victim and their family.
Class actions can be found in a variety of areas across the country with an abundance of asbestos exposure. 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 dealt with efficiently, rather than having to undergo multiple individual trials.
It is important to keep in mind that class actions may not be in the best interests of victims. The most significant issue with mesothelioma settlements lies in the fact that victims aren't compensated as well as they would when they filed their own lawsuit against the asbestos companies.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos-related litigation. For over two decades, we've committed ourselves to providing families of patients with complete legal assistance. Our attorneys understand the ins and outs 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 throughout the United States. We can help you receive the compensation you deserve for mesothelioma cases against negligent asbestos manufacturers, regardless of whether you reside in California, Florida or anywhere else. Contact us today to schedule an initial consultation for no cost. We're happy to discuss your situation and explain the options available to you.
Asbestos Bankruptcy Trusts
In the asbestos bankruptcy process companies put aside funds to compensate victims with mesothelioma and other asbestos-related diseases. In lieu of suing a business or a person, victims can file an appeal to the trust fund. The trusts are designed to guarantee that there is enough money to pay all valid claims.
To file a claim with an asbestos trust you must satisfy eligibility requirements. To qualify you must have been employed in a place where the trust was established and have been diagnosed with an asbestos-related illness. You must also show proof of exposure, including employment documents, affidavits of people who worked with you and, in some instances such cases, pathology reports or Xrays. If you are filing on behalf of a deceased individual you must submit a death certificate.
Additionally, each asbestos lawyer trust has its own rules for how to review the claim. Some trusts use a two-step process known as expedited review, and others employ an individual review process. Lawyers who specialize in asbestos attorney litigation will assist you in determining the best method for processing claims.
asbestos attorney trusts are required by law to equitably compensate claimants who have similar diseases. To determine this, they must have established disease levels, which vary from mesothelioma through the pleural disease, without significantly limiting lung function.
It is normal for people to bring lawsuits and trust funds against several asbestos companies accountable for their exposure. Under state law, businesses may be required to divulge information regarding trust claims during the litigation discovery phase.
While certain states have passed legislation to prevent the sharing of this information, a lot of courts have allowed it to happen. The U.S. Department of Justice, however, has called for increased accountability of asbestos trusts. They claim that they aren't protected against fraudulent claims and mismanagement.
The American Association for Justice offers resources and support to asbestos lawyers. Members can connect through a list server for plaintiffs only, and attend meetings at the AAJ's winter and annual 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 aid victims in receiving compensation for their losses. Medical expenses, lost income, expenses for home care, emotional distress and suffering are all covered. Asbestos 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 suffered by the victim. Each case is evaluated by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.
It isn't easy to identify and treat mesothelioma and other asbestos-related illnesses. It is important that victims have a knowledgeable legal team that can pinpoint the sources of exposure to asbestos attorneys and anticipate the defenses of the parties responsible.
During the mesothelioma litigation process, the victim's legal team will be able to gather evidence and investigating their exposure to asbestos in order to demonstrate that the asbestos-related disease was the result of defendants actions. They can interview former and current employees who worked at the work places where their client was exposed. They can also look over the records of the factory and financial documents that show that the defendants were aware of the risks associated with asbestos exposure and did not take precautions to protect their employees.
While there are no public statistics that offer information regarding asbestos cases or verdicts in Connecticut however, data from across the country shows that the majority of asbestos cases are settled before trial. The majority of those that reach trial result in winning for the plaintiff, even though there have been several asbestos jury verdict cases that were reduced to reflect medical insurance benefits the victim or their loved loved ones received.
There are also many different kinds of asbestos litigation dockets in the country, each having its own 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 dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under a case management order that is specific to asbestos.