Asbestos Litigation Group
Whether 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 deposition services; as well as an extensive solution for managing large amounts of information about the case.
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 ultimately unsuccessful, but it marked the beginning of a decade-long campaign to force asbestos companies pay for their exposure.
In the 1960s, health experts began to recognize there was a link between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried to hide these findings but news reports about the research began to spread. Unions representing workers, along with other groups, demanded that asbestos producers inform the public about the dangers.
In the course of this time, a number of asbestos manufacturers were found to be negligent and required to compensate victims. This was due to laws that require anyone who creates a hazardous product to notify the public so that they can protect themselves.
In the 1980s, asbestos litigation began to change. Instead of focusing on miners and asbestos manufacturers, lawyers represented people exposed to asbestos in other workplaces. These included refineries, shipyards railways, power plants, and power stations. These claims typically became large class actions.
This pattern of litigation had many issues and issues, among them the fact that plaintiffs' lawyers had to do a lot of work. They specialized in contacting clients, aggregating them and filing lawsuits in bulk. They were hoping to overwhelm the judicial system and defendants with these massive filings.
Many firms representing plaintiffs were more concerned with generating profits than caring for their injured clientele. Some firms screened their clients using mobile vans that released images, and denied compensation for serious diseases like mesothelioma arose.
Kazan Law's attorneys Kazan Law specialize in representing individuals diagnosed with asbestos-related diseases, including mesothelioma. They have been ranked by U.S. News & World Report as "Best Lawyers in Asbestos Litigation." They participate in the regular meetings of the national
asbestos attorney Trial Attorneys Association (AJA) list server for plaintiffs only 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 best representation possible in these difficult cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar asbestos injuries. These
asbestos lawsuits allow victims to be compensated without having to make individual claims. This is time-consuming and expensive.
Asbestos class action lawsuits can be an efficient method of obtaining victims the compensation they deserve. In an action that is a group, one plaintiff is appointed to represent the entire group. The plaintiff and their mesothelioma lawyers can focus on building strong cases to obtain the best outcome for the family of the victim.
There are numerous states in the US where asbestos exposure is high. Class actions are frequent. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases in one trial, so that each case could be settled in an efficient manner rather than having to go through several individual trials.
It is important to keep in mind that class actions might not be in the best interest of victims. The primary issue with mesothelioma settlements is that they often fail to give victims as much compensation as they would have received in the event of filing their own lawsuit against the companies accountable for their asbestos exposure.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos-related litigation. Since more than 20 years, we have been committed to providing comprehensive legal assistance to patients as well as their families. Our attorneys know how to file mesothelioma lawsuits in federal and state courts.
While the majority of our clients reside in and around New York, we regularly represent victims across the United States. We can assist you in obtaining the compensation you deserve in a mesothelioma case against negligent asbestos manufacturers, regardless of whether you reside in California, Florida or anywhere else. Call us today for a free consultation. We are happy to discuss your case with you and explain to you the options that are available.
Asbestos Bankruptcy Trusts
In the asbestos bankruptcy process, companies set aside money to compensate patients suffering from mesothelioma and various asbestos-related diseases. Instead of suing the company, victims are able to file trust fund claims. 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 submit an application. To qualify, you must have worked at a company for which the trust was established and have been diagnosed with an asbestos-related disease. You must also provide proof that you were exposed to asbestos, including employment records, affidavits from people who worked with your and, in some instances, pathology reports or radiographs. If you are filing on behalf of someone who has passed away you must provide a death certificate.
Additionally each asbestos trust has its own rules for how to review an application. Some trusts use a two-step speedy review process, whereas others rely on an individual review process. Lawyers who specialize in asbestos litigation can assist you in determining the best method for processing your claim.
Asbestos trusts are required to fairly compensate claimants with similar illnesses. To determine this, they must have established disease levels that vary from mesothelioma through the pleural disease, without significantly limiting lung function.
It is common for people to make trust funds and lawsuits against multiple asbestos companies responsible for their exposure. In accordance with state law, companies may be required to divulge details about trust claims during the litigation discovery phase.
While certain states have passed laws to prevent the sharing of information, a majority of courts have permitted it. However the U.S. Department of Justice has been urging for greater accountability in asbestos trusts noting that they do not have safeguards to prevent fraud and mismanagement.
The American Association for Justice offers assistance and resources to
asbestos Lawyers;
wifidb.science,. 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 attorneys in the group concentrate on cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful
asbestos attorneys lawsuit can allow victims to recover compensation for their losses. This includes medical expenses, income loss and home care costs emotional stress, pain and suffering and loss of quality of life. Asbestos-related victims can also seek damages for punitive harm from negligent companies that put profits ahead of worker safety.
The amount of an award or settlement will depend on the specific losses suffered by the victim. It is vital that each case is assessed by a skilled New York mesothelioma lawyer who will ensure that victims receive maximum compensation.
It is not easy to recognize and treat mesothelioma and other asbestos-related diseases. This is why it is crucial that patients have an attorney on their side that knows how to identify the right sources of exposure and anticipate defenses from the responsible parties.
In the mesothelioma lawsuit process, a lawyer representing the victim will be able to gather evidence and analyzing their exposure to asbestos to demonstrate that the asbestos-related disease was caused by defendants' actions. They might interview current and former employees who worked on the job locations where their client was exposed. They can also look over the records of factories and financial documents which show that the defendants knew about asbestos' dangers and failed to protect their workers.
Although there aren't any official statistics that offer information regarding asbestos cases or verdicts in Connecticut, national data shows that the majority of asbestos cases settle before trial. The majority of those that go to trial result in an outcome for the plaintiff, even though there have been asbestos jury verdicts which were reduced to take into account medical insurance benefits the victim or their loved loved ones received.
There are also many different types of asbestos litigation dockets in the nation, each with distinct rules and procedures. In the upstate region of New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer and Jefferson) has an asbestos-specific docket 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.