Asbestos Litigation Group
You require a firm that can provide comprehensive support, whether you are working on asbestos litigation, or another toxic tort case. This includes electronic discovery management, high-tech deposition services; and a comprehensive solution to manage large volumes of case information.
The group is open to members of all AAJ members including Regular Life, Sustaining and President's club members. The group meets at both the AAJ Annual Convention as well as the Winter Convention.
Asbestos Litigation History
Anna Pirskowski filed the first asbestos lawsuit in 1929 in Newark federal court in 1929. The case was unsuccessful however it was the start of a decades-long effort to make asbestos companies pay compensation to victims of their exposure.
In the 1960s, health experts began to realize that a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry fought to hide the findings however, articles about this research began to surface. Provo asbestos lawsuits , among other groups, demanded asbestos manufacturers warn the public about the dangers of asbestos.
During this time, numerous asbestos manufacturers were found to be negligent and were required to pay compensation to victims. This was due to laws that require anyone creating a dangerous product, to inform the public so that they can be protected.
In the 1980s, the pattern of asbestos litigation had changed. Instead of focusing on miners and asbestos manufacturers, lawyers represented people exposed to asbestos in other workplaces. Railroads, refineries, shipyards and shipyards were among the places of work that were affected. These claims usually resulted in large class actions.
One of the biggest problems with this pattern of litigation was that a lot of plaintiffs' lawyers took on too much work. They were experts in soliciting and bundling clients to file lawsuits in large numbers. These mass filings were intended to overburden the court system and the defendants.
Many law firms representing plaintiffs focused on making money instead of focusing on their injured clients. Some even screened clients with mobile x-ray vans and refused them compensation if serious illnesses were discovered like mesothelioma.
Kazan Law's attorneys Kazan Law specialize in representing individuals diagnosed with 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 take part in regular meetings with the national Asbestos Trial Attorneys Association. The extensive involvement in asbestos litigation gives our firm an unique advantage. We are able to provide our clients the most effective representation possible in these difficult cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of many people who have suffered similar injuries. These asbestos lawsuits allow victims to be compensated without having to file individual claims. This is time-consuming and expensive.
Asbestos class action lawsuits can be a faster way to get victims the compensation they need. In the case of a class action, a single plaintiff is appointed to represent the group as a whole. The plaintiff and their mesothelioma lawyers can focus on building solid cases to achieve the best possible outcome for the victim and their family.
Class actions can be found in various areas of the country with a high concentration of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma cases into a single instance, so that each claim could be settled quickly, rather than going through multiple individual trials.
It is crucial to remember that class actions may not be in the best interest of victims. The most significant issue with mesothelioma settlements is that victims are not compensated as much as they would be in the event of filing their own lawsuit against the asbestos companies.
Levy Konigsberg LLP has a team of mesothelioma lawyers who are experienced in representing asbestos victims in class actions and other forms of litigation. Since more than 20 years, we've been committed to providing comprehensive legal assistance to patients and their families. Our lawyers know the details of bringing mesothelioma-related lawsuits in state courts as well as federal courts.
We represent victims all over the United States, even though the majority of them live in or around New York. Whether you live in California or Florida we can assist you receive the money you deserve from a mesothelioma lawsuit against negligent asbestos producers. Contact us today for a free consultation. We're happy to discuss your situation and present the options to you.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process companies put aside funds to compensate those suffering from mesothelioma or other asbestos-related illnesses. Instead of filing a lawsuit against the company, patients are able to file trust fund claims. The trusts are created to ensure that there is enough money to pay all valid claims.
To submit a claim to an asbestos trust you must satisfy eligibility requirements. You must have worked for the company that established the trust and be diagnosed with an asbestos-related disease to be eligible. You must also submit evidence of exposure, including employment documents, affidavits of people who worked with you and in certain instances, pathology reports or X-rays. If you are filing on behalf of someone who has passed away you must submit a death certificate.
Additionally, each asbestos trust has its own set of criteria for how to evaluate an application. Some utilize a two-step expedited review procedure, while others rely on an individual review system. Lawyers who specialize in asbestos litigation will assist you in determining the best method for processing claims.
Asbestos trusts are required to compensate claimants with similar diseases equitably. To determine this, they must have established disease levels, which vary from mesothelioma through pleural disease without significantly restricted the pulmonary function.
People frequently have to file lawsuits and trust funds against multiple asbestos companies that are accountable for their exposure. According to state law, businesses may be required to divulge information regarding trust claims during the discovery phase.
While some states have passed laws to stop the sharing of this information, most courts have allowed it to happen. The U.S. Department of Justice, however, has called for greater accountability for asbestos trusts. They cite that they are not protected from fraud and mismanagement.
The American Association for Justice offers resources and support to asbestos lawyers. Members can connect through a list server for plaintiffs only and also attend meetings at 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 will allow victims to recover compensation for their losses. Medical expenses, lost income, emotional distress, home-care costs and pain and suffering are all covered. Asbestos victims might also be able to seek punitive damages against negligent businesses who place profits over worker safety.
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.
It's not easy to diagnose and treat mesothelioma or other asbestos-related illnesses. This is why it is critical that victims have an attorney on their side who knows how to find the right sources of exposure, and who can anticipate the defenses of the accountable parties.
During the mesothelioma lawsuit process, the victim's legal team is responsible for collecting evidence and analyzing the asbestos exposure of the victim in order to prove that defendants' actions caused the asbestos-related illness. They may interview employees, both former and current, who worked at the places where the victim was exposed. They may also examine the records of the factory and financial records that prove that the defendants were aware of the dangers associated with asbestos and did not protect their employees.
There aren't any public statistics for Connecticut which provide information on asbestos cases and verdicts, national research indicates that the majority of asbestos cases settle prior to trial. The majority of asbestos cases that go to trial end in a win for the plaintiff. However there have been a few asbestos jury award cases which were reduced to account for the medical insurance benefits that the victim or loved ones received.
There are many different types asbestos litigation dockets across the United States, each with its own rules and procedures. In the upstate region of New York the 5th Judicial District that comprises Onondaga and Oswego and Herkimer and Jefferson is home to an asbestos docket that is overseen by Justice Charles C. Merrell. The 4th District, on the other the other hand, has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi and is governed by a case management order that is asbestos-specific.