Asbestos Litigation Group
You need a firm who can provide a full range of support regardless of whether you are involved in asbestos litigation or any other toxic tort case. This includes electronic discovery management, high-tech depositions, and an all-encompassing solution for managing large volumes of information.
The group is open to everyone AAJ members including Regular, Life, Sustaining, and President's club members. The group meets at both the AAJ Annual Convention and Winter Convention.
Asbestos Litigation History
The first Asbestos Lawsuit (Meier-Ray-3.Technetbloggers.De) in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was not successful, but it marked 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 diseases like mesothelioma. The asbestos industry tried to hide these findings however, news articles about the research began to circulate. Unions for workers and other groups began demanding that asbestos producers be required to warn the public about the dangers of the dangerous mineral.
During this time, numerous asbestos producers were found guilty of negligence and were required to pay compensation to victims. This was made possible by laws that require anyone creating dangerous products to inform consumers so they can protect themselves.
By the 1980s, the pattern of asbestos litigation changed. Attorneys began representing asbestos-exposed workers in other workplaces, instead of focusing solely on asbestos miners or asbestos manufacturers. These included refineries, shipyards railways, power plants and shipyards. These claims typically led to class actions of a large size.
This pattern of litigation had a number of problems as well as the fact that plaintiffs' lawyers were tasked with a lot of work. They specialized in contacting clients, combining them and filing lawsuits in bulk. They wanted to take over the judicial system and the defendants with these massive filings.
Many law firms for plaintiffs focused on making money instead of focusing on their injured clients. Some even screened clients with mobile x-ray vans. They denied them compensation when serious illnesses arose such as mesothelioma.
The attorneys at Kazan Law specialize in representing individuals diagnosed with asbestos-related diseases such as mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They participate in the regular meetings of the 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 provides our firm with an advantage that is unique. We can provide our clients with the most effective representation possible in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large group of asbestos-related injuries. These types of asbestos lawsuits allow victims to receive compensation without the need to file individual claims against multiple defendants which can be expensive and time-consuming.
Asbestos class action lawsuits are an effective method of getting victims the compensation they need. In a class-action lawsuit, a plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma attorneys can concentrate on constructing strong cases in order to achieve the best possible outcome for the victim and their family.
There are a variety of regions in the United States in which asbestos exposure is high. Class actions are common. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases in a single trial so that each case could be resolved efficiently rather than having to go through multiple individual trials.
However it is important to keep in mind that class actions aren't always in the best interest of victims. The biggest issue with mesothelioma settlements is that the victims are not compensated as fully as they would if 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. Since more than 20 years, we've been committed to providing comprehensive legal support to patients and their families. Our attorneys understand the ins and outs of filing mesothelioma lawsuits in state courts, as well as federal courts.
While the majority of our clients live in and around New York, we regularly represent victims across the United States. No matter if you are in California or Florida, we can help you get the compensation you deserve from a mesothelioma lawsuit against negligent asbestos manufacturers. Contact us today for an initial consultation for no cost. We're happy to discuss your needs and provide options to you.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies set aside money to compensate victims of mesothelioma and other asbestos-related illnesses. Instead of suing a company the victims can submit a trust fund claim. The trusts are designed to ensure that there is enough money to pay for all claims that are valid.
You must meet certain eligibility requirements in order to make an application. To qualify, you must have worked in a place where the trust was created and have been diagnosed with an asbestos-related illness. You must also submit evidence of exposure, such as employment documents, affidavits from employees who worked for you and, in some instances, pathology reports or X-rays. If you are filing on behalf of a deceased individual you must provide a death certification.
In addition each asbestos trust has its own set of criteria for evaluating an application. Some utilize a two-step expedited review process, while others rely on an individual review system. Lawyers who specialize on asbestos litigation can assist in determining the best method to process claims.
Asbestos trusts are required to pay claimants suffering from similar diseases equitably. To determine this, they must have established disease levels, which range from mesothelioma to the pleural disease, without significantly limiting pulmonary function.
Many people make trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. In accordance with state law, businesses may be required to divulge details regarding trust claims during the litigation discovery phase.
While some states have passed laws to stop sharing, many courts have allowed it. The U.S. Department of Justice however, has pushed for increased accountability of asbestos attorney trusts. They cite that they are not protected from fraudulent claims and poor management.
The American Association for Justice provides support and resources for asbestos lawyers. Members can join the list server that is exclusively 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 asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could aid victims in receiving compensation for their losses. These include medical bills, loss of income as well as home care expenses emotional stress, pain and suffering and loss of quality of life. Asbestos victims can also seek damages for punitive harm from negligent businesses that place profits before worker safety.
The amount of an award or settlement depends on the victim's unique losses. It is essential that every case is assessed by an experienced New York mesothelioma lawyer who will ensure that victims get the most compensation.
Mesothelioma and other asbestos-related diseases are difficult to identify or treat. This is why it is essential that victims have a legal advocate that knows how to identify the most appropriate sources of exposure and anticipate defenses from the accountable parties.
During the mesothelioma lawsuit process, the victim's legal team spends time collecting evidence and investigating the asbestos exposure of the victim to establish that the defendants' actions led to the asbestos-related illness. They might interview employees from the past and present who worked at the work places where their client was exposed. They can also look over factory records and company financial records that prove that the defendants were aware of the risks associated with asbestos exposure and did not take precautions to protect their employees.
While there aren't any public statistics for Connecticut that provide information about asbestos attorney cases and verdicts, nationwide research indicates that the majority of asbestos cases settle prior to trial. Most asbestos cases that reach trial end with a victory for the plaintiff. However, there have been several asbestos jury award cases that were reduced to account for the medical insurance benefits that the victim or their loved family members received.
There are many different types asbestos litigation dockets across the United States, each having their specific rules and procedures. In the upper reaches of New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket that is controlled by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos attorneys judge -- Justice Richard T. Aulisi -- and operates under an asbestos-specific case management order.