Asbestos Litigation Group

Whether you're working on asbestos litigation or another toxic tort, you'll need a company that can provide complete 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. It meets at the AAJ Annual and Winter conventions.

Asbestos Litigation History

Anna Pirskowski filed the first asbestos lawsuit in 1929 at Newark federal court. The case was unsuccessful, but it marked the beginning of a decade-long effort to make asbestos companies pay victims for their exposure.

In the 1960s, health researchers began to recognize a connection between asbestos and diseases like mesothelioma. The asbestos industry fought to keep the findings from being revealed, but articles about this 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 deadly mineral.

During this time, numerous asbestos manufacturers were found guilty of negligence and required to compensate victims. This was made possible by laws which require anyone who makes a hazardous product to provide the consumer a warning to ensure they are protected themselves.

In the 1980s, the pattern of asbestos litigation changed. Instead of focusing on asbestos miners and manufacturers, attorneys represented victims exposed to asbestos in other workplaces. These included refineries, shipyards railways, power plants and shipyards. These claims often led to class actions of a large size.

One of the major issues with this pattern of litigation was that a lot of plaintiffs' lawyers were tasked with too many tasks. They specialized in contacting clients, bundling them together and filing lawsuits in large quantities. These massive filings were designed to overburden the court system and the defendants.

Many plaintiffs' law firms focused on generating profits instead of taking care of their injured clients. Some firms screened their clients using mobile vans that emitted x-rays, and denied compensation when serious illnesses like mesothelioma emerged.

Kazan Law's attorneys Kazan Law specialize in representing those suffering from asbestos-related diseases which include mesothelioma. They were named as "Best Lawyers for Asbestos Litigation" by U.S. News & World Report. They attend the AAJ's Annual Convention and Winter Convention and participate in regular meetings with the national Asbestos Trial Attorneys Association. Their extensive involvement in asbestos litigation provides our firm with a distinct advantage. We are able to provide our clients the most effective representation possible 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 kinds of asbestos lawsuits allow victims to receive compensation without having to bring individual claims against several defendants, which can be costly and time-consuming.

Asbestos class actions can be a quicker way to get the compensation that victims require. In the case of a class action, a single plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers concentrate on building solid cases to obtain the best outcome for the victim and their family.

Class actions are common in a variety of areas across the country that have a high concentration of asbestos exposure. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases in one trial, ensuring that each case could be resolved efficiently instead of having to go through multiple individual trials.

However it's important to keep in mind that class actions are not always in the best interests of victims. The primary issue with mesothelioma class actions is that they are often unable 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.

The mesothelioma attorneys at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos-related litigation. For over two decades, we've committed ourselves to providing families and patients with comprehensive legal support. Our lawyers know the details of filing mesothelioma lawsuits state courts as well as federal courts.

While the majority of our clients live in and around New York, we regularly represent victims throughout the United States. If you reside in California or Florida, we can help you receive the money you deserve as a result of a mesothelioma lawsuit against negligent asbestos manufacturers. Contact us today to schedule a free consultation. We are available to discuss your needs and provide options to you.

Asbestos Bankruptcy Trusts

During the asbestos bankruptcy procedure companies put aside funds to compensate patients suffering from mesothelioma and various asbestos-related illnesses. Instead of suing a company or a person, victims can make a trust fund claim. The trusts are designed to ensure that there is enough money available to pay all valid claims.

You must meet certain eligibility requirements in order to file a claim. To be eligible, you must have worked at a company for which the trust was established and be diagnosed with an asbestos-related disease. You must also submit evidence of exposure, which includes employment documents, affidavits from employees who worked for you and in some cases, pathology reports or X-rays. If you're filing on behalf someone who has passed away you must submit an official death certificate.

Additionally, each asbestos trust has its own criteria for how to evaluate a claim. Some trusts use a two-step process known as expedited review, and others use an individual review process. Lawyers who specialize in asbestos litigation can assist you in determining the most effective method for processing your claim.

Asbestos trusts must pay fair compensation to claimants suffering from similar diseases. To achieve this, they set disease levels that range from mesothelioma without significant pulmonary function to pleural diseases.

People often make trust funds and lawsuits against a variety of asbestos companies that are accountable for their exposure. Under the law of the state, companies could be required to provide information regarding trust claims during the discovery phase.

While some states have passed laws to prevent the sharing of information, a majority of courts have permitted the sharing. However the U.S. Department of Justice has been urging for greater accountability for asbestos trusts, noting that they do not have safeguards to prevent fraud and sloppy management.

The American Association for Justice offers resources and support to asbestos lawyers. Members can network through a list server for plaintiffs only and attend meetings at the AAJ's annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining and President's Club AAJ members. The group's attorneys concentrate on cases involving asbestos-related diseases and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit will help victims recover compensation for their losses. Medical expenses, lost income, expenses for home care, emotional distress and suffering are all covered. Asbestos-related victims may also be able to pursue punitive damages against negligent businesses that put profit over safety of workers.

The amount of an award or settlement will depend on the victim's unique losses. Each case should be evaluated by an experienced New York mesothelioma attorney who will ensure that victims receive the maximum compensation.

It's not easy to identify and treat mesothelioma or other asbestos-related illnesses. This is why it is crucial that the victims have an attorney on their side who knows how to identify the right sources of exposure and can anticipate defenses from the responsible parties.

During the mesothelioma legal process, the victim's legal team will spend time collecting evidence and analyzing their exposure to asbestos lawyers to establish that the asbestos-related illness was caused by the defendants' actions. They may also interview current and former employees who worked at the places where the victim was exposed. They can also look over financial documents and factory records that reveal that the defendants were aware about asbestos's dangers but failed to protect their employees.

Although there aren't any public statistics regarding asbestos cases or verdicts in Connecticut however, data from across the country shows that most asbestos cases settle before trial. Most cases that reach trial result in a victory for the plaintiff, though there have been asbestos jury verdicts which were reduced to take into account medical insurance benefits that the victim or loved family members received.

There are also many different types of asbestos litigation dockets across the nation, each with distinct rules and procedures. In upstate New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket overseen by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge --- Justice Richard T. Aulisi -- and is governed by an asbestos-specific case management order.