Asbestos Litigation Group
You require a company that can provide comprehensive support regardless of whether you are working on asbestos litigation or another toxic tort case. This includes providing electronic discovery management; high-tech deposition solutions; and an extensive solution for managing large amounts of case data.
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 not successful, but it marked the start of a decades-long effort to make asbestos companies pay victims for their exposure.
In the 1960s, health experts began to discover a link between asbestos and various diseases such as mesothelioma. The asbestos industry tried to hide these findings but news reports about the research began to circulate. Workers' unions, among other groups, demanded that asbestos producers inform the public about the dangers of asbestos.
In this time asbestos producers were found to be negligent and ordered to pay compensation to victims. This was made possible by laws which require anyone who makes an unsafe product to provide notice to consumers to protect themselves.
In the 1980s, pattern of asbestos litigation changed. Attorneys began representing asbestos-exposure workers in other workplaces, instead of focusing solely on asbestos miners and manufacturers. Shipyards, refineries and railroads were among the industries that were affected. These claims typically grew into large class actions.
This kind of litigation had many issues, including the fact that the attorneys of plaintiffs were tasked with a lot of work. They were specialized in contacting and coordinating clients to file lawsuits in huge quantities. These mass filings were intended to overwhelm the court system and the defendants.
Many law firms for plaintiffs focused on generating profit rather 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.
Kazan Law specializes in representing clients suffering from asbestos-related illnesses such as mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They are involved in the regular meetings of the national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend AAJ's Annual and Winter Conventions. This extensive participation in asbestos litigation gives our firm an advantage that is unique. We are able to provide our clients the best possible representation in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are 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 bring individual claims against several defendants which can be costly and time-consuming.
Asbestos class actions can be an efficient method to obtain the compensation victims need. In the case of a class action, a single plaintiff is appointed to represent the entire group. The plaintiffs and their mesothelioma lawyers are able to focus on building a strong arguments to obtain the best result for the family and victim.
Class actions can be found 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 combined hundreds of mesothelioma cases in one trial, ensuring that each case could be resolved in an efficient manner instead of having to go through a series of trials.
It's important to remember that class actions may not be in the best interest of the victims. The main problem 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.
Levy Konigsberg LLP has a team of mesothelioma attorneys that are experienced in representing asbestos victims in class actions and other forms of litigation. For more than two decades, we've committed ourselves to providing families and patients with a full legal assistance. Our lawyers are knowledgeable about the details of filing mesothelioma lawsuits state courts as well as federal courts.
We represent victims from all over the United States, even though the majority of them reside in or around New York. We can help you get the compensation you deserve in mesothelioma cases against negligent asbestos manufacturers, regardless of whether you live in California, Florida or anywhere else. Contact us today for an initial consultation for no cost. We're happy to discuss your situation and provide options to you.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies set aside money to compensate victims suffering from mesothelioma, or other asbestos-related diseases. Instead of suing the company, victims are able to file trust fund claims. Trusts guarantee that there is enough money to cover all valid claims.
To make a claim through an asbestos trust you must satisfy the eligibility requirements. To qualify, you must have worked at a company for which the trust was created and have been diagnosed with an asbestos-related condition. You must also submit evidence of exposure, including employment documents, affidavits from employees who worked with you, and in certain cases such cases, pathology reports or Xrays. If you are filing on behalf of someone who has passed away, you will need to provide a death certificate.
Additionally each asbestos trust has its own criteria for evaluating an application. Some use a two-step expedited review procedure, while others rely on an individual review process. Lawyers who specialize in asbestos litigation will assist you in determining the most effective method for processing claims.
asbestos lawyer trusts have to pay claimants suffering from similar diseases equally. To achieve this, they set the levels of disease that vary from mesothelioma that has no significant pulmonary function to pleural diseases.
Many people make trust funds and lawsuits against a variety of asbestos companies that are accountable for their exposure. According to state law, businesses may be required to provide information regarding trust claims during the discovery phase.
While certain states have passed legislation to prevent the sharing of this information, a lot of courts have allowed this to happen. The U.S. Department of Justice however, has pushed for greater accountability for asbestos trusts. They cite that they lack safeguards against fraudulent claims and poor management.
The American Association for Justice offers assistance and resources to
asbestos lawyers. Members can connect through a list server for plaintiffs only, and attend meetings during 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 asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful
asbestos lawsuit could help victims receive compensation for their losses. Medical expenses, lost income, home-care expenses, emotional distress and pain and suffering are all covered. Asbestos victims might also be able seek damages for punitive harm against companies who put profits before safety of workers.
The amount of a settlement or award depends on the specific losses experienced by the victim. It is essential that every case is evaluated by a skilled New York mesothelioma lawyer who will ensure that the victims receive the maximum amount of compensation.
It's not easy to diagnose and treat mesothelioma and other asbestos-related illnesses. It is important that victims have a skilled legal team who can identify the sources of exposure to asbestos and anticipate the defenses from the parties responsible.
During the mesothelioma litigation process, the victim's legal team will spend time gathering evidence and analyzing their exposure to
asbestos attorney in order to establish that the asbestos-related illness was the result of defendants' actions. They may also interview employees, both former and current, who worked at the job sites where the client was exposed. They can also review factory records and company financial records that prove that the defendants were aware of the dangers associated with asbestos exposure and did not protect their workers.
While there are no public statistics on
asbestos attorneys cases or verdicts in Connecticut but national data indicates that most asbestos cases are settled before trial. The majority of those that reach trial result in winning for the plaintiff, however there have been asbestos jury verdict cases which were reduced to account for medical insurance benefits that the victim or loved loved ones received.
There are many different types asbestos litigation dockets across the United States, each having 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 overseen by Justice Charles C. Merrell. The 4th District, on the other hand has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi and is governed by an order for case management that is asbestos-specific.