Asbestos Litigation Group
If you're involved in asbestos litigation or another toxic tort matter, you need a company that can provide an extensive support. This includes electronic discovery management, high-tech depositions, and a complete solution for managing large volumes of information.
The group is open to all AAJ members which includes 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 not successful however it was the beginning of a long-running campaign to force asbestos companies pay compensation to victims of their exposure.
In the 1960s, health researchers began to recognize a connection existed between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep these findings quiet however, news articles about the research began to circulate. Unions of workers and other groups started demanding that asbestos manufacturers be forced to warn people about the dangers posed by the deadly mineral.
In the course of this time asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible by laws that require anyone who develops a dangerous product to give notice to consumers so that they can protect themselves.
In the 1980s, asbestos litigation began to shift. Attorneys began representing asbestos-exposure workers in other industries instead of focusing exclusively on asbestos miners and asbestos manufacturers. Railroads, refineries, and shipyards were among the places of work that were affected. These claims often became large class actions.
One of the biggest problems with this type of litigation was that many plaintiffs' lawyers were tasked with too many tasks. They specialized in soliciting clients, aggregating them and filing lawsuits in bulk. These massive filings were designed to overwhelm the court system as well as the defendants.
Many firms representing plaintiffs were more focused on making profits rather than taking care of their injured clients. Some firms screened their clients using mobile vans that emit x-rays, and denied compensation for serious diseases like mesothelioma emerged.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases including mesothelioma. They were ranked 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. Their extensive involvement in asbestos litigation gives our firm an unique edge. We can offer our clients the best possible representation in these complex cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar injuries. These kinds of asbestos lawsuits permit victims to receive compensation without the need to bring individual claims against several defendants which can be expensive and time-consuming.
Asbestos class action lawsuits are a faster way to get victims the compensation they deserve. In a class-action lawsuit, a plaintiff is chosen to represent the whole group. The plaintiffs and their mesothelioma attorneys can focus on building strong arguments to obtain the best result for the victim and family.
There are numerous regions in the United States where asbestos exposure is very high. Class actions are common. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases into one trial, ensuring that each case could be settled efficiently instead of having to go through multiple individual trials.
However it is important to keep in mind that class actions aren't always in the best interest of victims. The main problem with mesothelioma class action settlements is that they tend not to provide victims with as much compensation as they would if they had filed their own lawsuit against the companies accountable for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys who have years of experience representing asbestos victims in class actions and other types litigation. Since over 20 years, we've been devoted to providing complete legal assistance to patients and their families. Our lawyers are knowledgeable about the details of filing mesothelioma lawsuits state courts, as well as federal courts.
While the majority of our clients reside 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, whether you live in California, Florida or anywhere else. Contact us today to schedule a no-cost consultation. We're happy to discuss your case with you and go over with you the options available.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process companies put aside funds to pay compensation for patients suffering from mesothelioma and various asbestos-related diseases. Instead of suing the company, victims file trust fund claims. The trusts are created to ensure that there is enough money to pay for all claims that are valid.
To file a claim with an asbestos trust, you must meet the eligibility requirements. To qualify you must have worked in a place where the trust was created and be diagnosed with an asbestos-related illness. You should also be able to prove that you were exposed to asbestos, for example employment records, affidavits from people who worked with your and, in some cases, pathology reports or radiographs. If you're filing on behalf of a deceased person you must submit an official death certificate.
In addition each asbestos trust has its own rules for how to evaluate a claim. Some trusts use a two-step process known as expedited review, and others employ an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the most efficient method for processing claims.
Asbestos trusts are required to pay claimants suffering from similar diseases equitably. To determine this, they must have established disease levels, which range from mesothelioma to pleural disease without significantly restricted pulmonary function.
People frequently have to file lawsuits and trust funds against multiple asbestos companies who are accountable for their exposure. In accordance with the law of the state, companies could be required to divulge details regarding trust claims during the litigation discovery phase.
While certain states have passed laws to stop sharing, many courts have permitted it. However, the U.S. Department of Justice has been urging for greater accountability in asbestos trusts citing that they lack protections against fraud and mismanagement.
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 welcomes Regular, Life, Sustaining, and President's club AAJ members. The attorneys of the group concentrate on cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can help victims recover compensation for their losses. This includes medical bills, loss of income as well as home care expenses emotional stress, pain and suffering and loss of quality of life. Asbestos-related victims can also seek punitive damages from negligent companies that put profits over worker safety.
The amount of a settlement or award depends on the specific losses suffered by the victim. It is crucial that each case be evaluated by an experienced New York mesothelioma lawyer who will ensure that victims receive maximum compensation.
It is not easy to identify and treat mesothelioma and other asbestos-related diseases. It is essential that patients have a knowledgeable legal team who can identify the sources of asbestos exposure and anticipate defenses from the responsible parties.
During the mesothelioma lawsuit procedure the legal team of the victim spends time collecting evidence and investigating the asbestos exposure of the victim in order to prove that the actions of defendants caused the asbestos-related illness. They might interview employees, both former and current, who worked at the locations where the client was exposed. They may also examine documents from the factory or financial documents to prove that the defendants were aware of the risks that asbestos poses and did not take precautions to protect their employees.
There aren't Orange asbestos lawsuits for Connecticut that provide information about asbestos cases and verdicts. However, national data indicates that most asbestos cases settle prior to trial. The majority of cases that reach trial result in winning for the plaintiff, however there have been asbestos jury verdicts that were reduced to reflect medical insurance benefits that the victim or loved family members received.
There are many types of asbestos litigation dockets in the country, each with its own rules and procedures. In the upstate region of New York the 5th Judicial District which includes Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket supervised 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 an order for case management that is asbestos-specific.