Asbestos Litigation Group
Whether you're working on asbestos litigation or another harmful tort issue, you require a firm that can offer comprehensive assistance. This includes electronic discovery management, high-tech depositions, and a comprehensive solution to manage huge volumes 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
The first asbestos lawsuit in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was unsuccessful, 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 realize that a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry attempted to keep these findings quiet, but news articles about the research started to surface. Unions of workers and other groups began demanding that asbestos manufacturers be forced to warn people about the dangers of the dangerous mineral.
In this time, asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was made possible through laws which require anyone who makes a hazardous product to provide information to consumers to protect themselves.
In the 1980s, asbestos litigation began to shift. Instead of focusing on asbestos miners and manufacturers, lawyers represented people exposed to asbestos in various other workplaces. Shipyards, refineries and railroads were among the workplaces that were affected. These claims typically became large class actions.
This pattern of litigation had many issues and issues, among them 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. They wanted to overwhelm the judicial system and the defendants by filing massive lawsuits.
Many of the plaintiffs' firms were more focused on generating profits than looking after their injured clientele. Some firms screened their clients using mobile vans that emitted radiographs, and refused compensation if serious illnesses such as mesothelioma developed.
The attorneys at Kazan Law specialize in representing people who have been diagnosed with asbestos-related illnesses such as mesothelioma. They were named as "Best Lawyers for asbestos Litigation" by U.S. News & World Report. They attend the AAJ's Annual Convention as well as the Winter Convention, and are involved in regular meetings with the national Asbestos Trial Attorneys Association. This broad involvement in asbestos litigation gives our firm a unique advantage. We can provide our clients with the best possible representation in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large number of people who have similar asbestos injuries. These asbestos lawsuits enable victims to receive compensation without having to make individual claims. This can be time-consuming and costly.
Asbestos class action lawsuits are also an effective method of getting victims the compensation they require. In a class action lawsuit, one plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers can concentrate on constructing solid cases to get the best outcome for the family of the victim.
There are numerous regions in the United States where asbestos exposure is very high. Class actions are common. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single instance, so that each claim could be resolved quickly, rather than having to go through several individual trials.
However it's important to keep in mind that class actions aren't always in the best interests of victims. The primary issue with mesothelioma class actions is that they are often unable to give victims as much compensation as they would have received if they had filed their own individual lawsuit against the companies accountable for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma lawyers who are experienced in representing asbestos victims in class actions and other types litigation. For more than 20 years, we've been devoted to providing complete legal assistance to patients and their families. Our lawyers are able to file mesothelioma lawsuits in both state and federal courts.
We represent victims all over the United States, even though the majority asbestos litigation cases of them live in or around New York. Whether you live in California or Florida we can assist you get the compensation you deserve as a result of a mesothelioma lawsuit against negligent asbestos producers. Call us today for a no-cost consultation. We are eager to discuss your case with you and discuss with you the options that are available.
Asbestos Bankruptcy Trusts
In the bankruptcy process, asbestos companies, they reserve funds to compensate victims suffering from mesothelioma or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients make trust fund claims. Trusts guarantee that there is enough money to pay any valid claims.
You must meet certain eligibility requirements in order to submit an application. To qualify you must have worked for a company where the trust was established and be diagnosed with an asbestos-related disease. You must also show proof of exposure, such as employment documents, affidavits from employees who worked with you, and in certain instances such cases, pathology reports or Xrays. If you are filing on behalf of a deceased individual you must provide a death certification.
Additionally each asbestos trust has its own set of criteria for how to review a claim. Some use a two-step expedited review process, whereas others use an individual review system. Lawyers who specialize in asbestos litigation can help you in determining the most efficient method for processing claims.
Asbestos trusts are required to compensate claimants suffering from similar diseases equitably. To determine this, they have established disease levels, which vary from mesothelioma through the pleural disease, without significantly limiting the pulmonary function.
People often file lawsuits and trust funds against multiple asbestos companies who are responsible for their exposure. In accordance with state law, companies may be required to disclose information regarding trust claims during the discovery phase.
While some states have passed legislation to prevent the sharing of this information, many courts have allowed this to happen. However, the U.S. Department of Justice has been calling for more accountability in asbestos trusts, citing that they lack protections against fraudulent claims and mismanagement.
The American Association for Justice provides assistance 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 is open to Regular Life, Sustaining, and President's Club AAJ members. The lawyers of the group primarily handle cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could aid victims in receiving compensation for their losses. Medical bills, lost income, expenses for home care, emotional distress and pain and suffering are all included. Asbestos victims may also be able seek punitive damages against negligent businesses who place profits over safety of workers.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. Each case is evaluated by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.
Mesothelioma and other asbestos-related diseases are not easy to diagnose or treat. This is why it is essential that the victims have a legal team on their side who is aware of the right sources of exposure and can anticipate defenses from the liable parties.
During the mesothelioma legal process, the victim's legal team will spend time gathering evidence and investigating their exposure to asbestos in order to demonstrate that the asbestos-related disease was caused by defendants' actions. They may interview current and former employees who worked at the work locations where the client was exposed. They can also review documents from the factory or financial documents to prove that the defendants were aware of the dangers associated with asbestos and did not protect their workers.
While there are no public statistics that provide information regarding asbestos cases or verdicts in Connecticut, national data shows that the majority of asbestos cases are settled before trial. Most asbestos cases that reach trial result in a win for the plaintiff. However there have been several asbestos jury awards that were reduced to reflect the medical insurance benefits the victim or their loved ones received.
There are numerous types of asbestos litigation dockets in the United States, each with its specific 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 overseen 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.