Asbestos Litigation Group

Whether you're working on asbestos litigation or another hazardous tort matter, you need a firm that can offer comprehensive assistance. This includes electronic discovery management, high-tech depositions and an all-encompassing solution for managing huge volumes 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, but it marked an entire decade of effort by asbestos companies to pay victims for their exposure.

In the 1960s, health researchers began to recognize a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry tried to keep the findings from being revealed, but news articles about the research started to surface. Unions of workers and other groups began demanding that asbestos producers be required to warn people about the dangers of this dangerous mineral.

During this time, numerous asbestos manufacturers were found to be negligent and required to compensate victims. This was made possible by the laws that require anyone who creates an unsafe product to provide the consumer a warning to protect themselves.

In the 1980s, asbestos litigation began to evolve. Instead of focusing on asbestos miners and manufacturers, lawyers represented people exposed to asbestos in other workplaces. This included shipyards, refineries railways, power plants, and power stations. These claims usually led to class actions of a large size.

This pattern of litigation had several issues as well as the fact that the attorneys of plaintiffs were tasked with a lot of work. They specialized in soliciting and bundling clients to file lawsuits in huge numbers. These mass filings were intended to overwhelm the court system as well as the defendants.

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 refused them compensation when serious illnesses developed such as mesothelioma.

The lawyers at Kazan Law specialize in representing people who have been diagnosed with asbestos lawsuit-related illnesses, including mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in Asbestos Litigation." They participate in regular meetings of national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, and attend AAJ's Annual and Winter Conventions. The extensive involvement in asbestos litigation gives our firm an unique advantage. We can provide our clients with the best possible representation in these difficult cases.

Asbestos Class Actions

Mesothelioma lawsuits are filed on behalf of many people who have suffered similar injuries. These kinds of asbestos lawsuits permit victims to receive compensation without the need to make individual claims against a number of defendants which can be expensive and time-consuming.

Asbestos class action lawsuits are an efficient method of obtaining victims the compensation they deserve. In a class action lawsuit, a plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers concentrate on building solid cases to achieve the best possible outcome for the victim and their family.

There are a variety of states in the US where asbestos exposure is high. Class actions are frequent. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single case, ensuring that each claim could be resolved quickly, rather than having to go through several individual trials.

However, it's important to remember that class actions are not always in the best interests of victims. The most significant issue with mesothelioma settlements is that victims are not compensated as fully as they would be if they filed their own lawsuit against 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 have dedicated ourselves to providing families of patients with complete legal assistance. Our attorneys know how to file mesothelioma lawsuits in both federal and state courts.

While the majority of our clients live in and around New York, we regularly represent victims across the United States. We can help you get the compensation you deserve in a mesothelioma case against negligent asbestos manufacturers, regardless of whether you reside in California, Florida or anywhere else. Contact us today for an initial consultation for no cost. We are available to discuss your situation and present the options to you.

Asbestos Bankruptcy Trusts

During the asbestos lawsuit bankruptcy process companies set aside money to pay compensation for those suffering from mesothelioma or other asbestos-related illnesses. In lieu of suing a business or a person, victims can submit an appeal to the trust fund. Trusts guarantee that there is enough funds to cover all valid claims.

You must meet certain eligibility requirements in order to make a claim. To qualify you must have been employed in a place where the trust was created and be diagnosed with an asbestos-related condition. You must also submit evidence of exposure, which includes employment documents, affidavits of people who worked with 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 certificate.

Each asbestos trust has its own criteria for evaluating claims. Some trusts use a two-step speedy review process, whereas others rely on an individual review system. Lawyers who specialize in asbestos litigation can help you in determining the best way to handle claims.

Asbestos trusts must pay fair compensation to claimants suffering from similar diseases. To achieve this, they established the levels of disease that vary from mesothelioma that has no significant respiratory function to pleural disorders.

Many people file lawsuits and trust funds against multiple asbestos companies who are accountable for their exposure. Depending on state law, these companies must disclose information about trust claims during the discovery phase of the lawsuit.

While certain states have passed laws to prevent the sharing, many courts have allowed sharing. However, the U.S. Department of Justice has been calling for increased accountability in asbestos trusts, because they lack safeguards to prevent fraud and sloppy management.

The American Association for Justice provides support and resources for asbestos lawsuit lawyers. Members can network on an exclusive list server for plaintiffs 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 lawyers in the group are primarily involved in cases involving asbestos-related diagnoses and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit may aid victims in receiving compensation for their losses. These include medical bills, loss of income as well as home care expenses emotional distress, pain and suffering, and lost quality of life. Asbestos victims might also be able to seek punitive damages against negligent companies that put profit over worker safety.

The amount of a settlement or award is contingent on the specific losses suffered by the victim. It is vital that each case is evaluated by a skilled New York mesothelioma lawyer who will ensure that the victims get the most compensation.

It's not easy to identify and treat mesothelioma and other asbestos-related illnesses. This is why it is critical that the victims have an attorney that knows how to find the right sources of exposure and can anticipate the defenses of the liable parties.

During the mesothelioma litigation process, a victim's legal team will spend time gathering evidence and investigating their exposure to asbestos in order to establish that the asbestos-related illness was caused by the defendants actions. They might interview employees from the past and present who worked at the work sites where their client was exposed. They may also examine the records of the factory and financial documents that show that the defendants were aware of the dangers that asbestos poses and did not take precautions to protect their employees.

While there aren't any public data in Connecticut that give information on asbestos cases and verdicts, national data indicates that most asbestos cases settle before trial. The majority of cases that go to trial end up being winning for the plaintiff, however there have been a few asbestos jury verdict cases that were reduced to reflect medical insurance benefits that the victim or their loved family members received.

There are a variety of kinds of asbestos litigation dockets throughout the country, each having distinct rules and procedures. In the upstate region of New York, the 5th Judicial District (which includes 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 judge --- Justice Richard T. Aulisi and operates under an asbestos-specific case management order.