Asbestos Litigation Group
You require a company that can provide comprehensive support, whether you are involved in asbestos litigation or a different toxic tort case. This includes electronic discovery management; high-tech deposition services; as well as an extensive solution for managing large volumes of case information.
The group is open to members of all AAJ members, including Regular Life, Sustaining and President's club members. It meets at the AAJ Annual and Winter conventions.
Asbestos Litigation History
Anna Pirskowski filed the first asbestos lawsuit in 1929 in Newark federal court in 1929. The case was unsuccessful but it marked a decade-long effort by asbestos firms to compensate victims for exposure.
In the 1960s health researchers began to recognize a connection between asbestos and diseases such as mesothelioma. The asbestos industry tried to keep the findings quiet, but articles about this research began to circulate. Workers' unions, among other groups, demanded that asbestos manufacturers inform the public about the dangers of asbestos.
In the course of this time, a number of asbestos manufacturers were found guilty of negligence and were required to compensate victims. This was made possible by laws that require anyone who creates a hazardous product to provide information to consumers to protect themselves.
In the 1980s, asbestos litigation started to evolve. Instead of focusing on asbestos miners and manufacturers, lawyers represented those exposed to asbestos in other workplaces. Shipyards, refineries and railroads were among the industries that were affected. These claims usually resulted in large class actions.
One of the biggest issues with this litigation pattern was that a lot of plaintiffs' lawyers took on too many tasks. They specialized in soliciting and bundling clients to file lawsuits in huge quantities. The purpose of these mass filings was to overburden the court system and the defendants.
Many law firms for plaintiffs focused on generating profits instead of taking care of their injured clients. Some even screened clients with mobile x-ray vans, and refused them compensation when serious illnesses developed like mesothelioma.
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 and Winter Convention and participate in regular meetings with the national Asbestos Trial Attorneys Association. This extensive involvement in asbestos litigation gives our firm an unique advantage. We can offer our clients the best possible representation in these complicated cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of many people who have suffered similar asbestos injuries. These asbestos lawsuits allow victims to be compensated without the need to file individual claims. This can be time-consuming and costly.
Asbestos class actions are also an efficient method to obtain the compensation victims need. In a class action, one plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma attorneys can concentrate on building strong cases to achieve the best possible outcome for the victim and their family.
Class actions can be found throughout the country that have an abundance of asbestos exposure. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases in one trial, ensuring that each case could be resolved in an efficient manner rather than having to go through multiple individual trials.
However it is important to remember that class actions are not always in the best interest of the victims. The main problem with mesothelioma settlements is that the victims aren't compensated as well as they would when they filed their own lawsuit against the asbestos companies.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos litigation. Since over 20 years, we have been committed to providing comprehensive legal assistance to patients as well as their families. Our lawyers are knowledgeable about the ways and disadvantages 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. We can help you get the compensation you deserve in mesothelioma cases against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us today to schedule a free consultation. We are eager to discuss your case with you and go over with you the options available.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies set aside money to compensate victims suffering from mesothelioma, or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients make trust fund claims. The trusts are designed to guarantee that there is enough money to cover all legitimate claims.
To file a claim with an asbestos trust you must meet the eligibility requirements. You must have worked for the company that established the trust and be diagnosed with an asbestos-related condition to qualify. You must also provide proof that you were exposed to asbestos, such as employment records, affidavits of those who worked with you and, in certain instances, pathology reports or radiographs. If you're filing on behalf someone who died you must also provide the death certificate.
In addition each asbestos trust has its own set of criteria for how to evaluate a claim. Certain trusts have a two-step procedure called expedited review, while others have an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the best way to handle claims.
Asbestos trusts are required to equitably compensate claimants who have similar illnesses. To determine this, they have established disease levels that vary from mesothelioma through Pleural disease that is not significantly restricted in the pulmonary function.
It is normal for people to file trust funds and lawsuits against several asbestos companies accountable for their exposure. In accordance with state law, companies may be required to divulge information regarding trust claims during the litigation discovery phase.
While some states have passed laws to stop the sharing of this information, many courts have allowed it to happen. The U.S. Department of Justice however, has called for greater accountability of asbestos trusts. They say they lack safeguards against fraud and improper management.
when asbestos litigation report for Justice provides assistance and resources for asbestos lawyers. Members can connect on a plaintiff-only list server 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 concentrate on cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could aid victims in receiving compensation for their losses. Medical bills, lost income emotional distress, home-care costs and suffering are all covered. Asbestos victims can also seek punitive damages from negligent companies that put profits before 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 an experienced New York mesothelioma lawyer who will ensure that victims get the most compensation.
It's not easy to recognize and treat mesothelioma as well as other asbestos-related diseases. It is crucial that the victims have a knowledgeable legal team who can identify the sources of exposure to asbestos and anticipate the defenses of the parties responsible.
During the mesothelioma lawsuit process the legal team of the victim will be gathering evidence and analyzing the asbestos exposure of the victim to prove that the defendants' actions led to the asbestos-related illness. They may interview current and former employees who worked at the job sites where the client was exposed. They can also look over the records of the factory and financial documents that show that the defendants were aware of the dangers associated with asbestos exposure and did not protect their workers.
Although there aren't any official statistics that provide information on asbestos cases or verdicts in Connecticut however, data from across the country shows that the majority of asbestos cases settle before 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 victims or their loved family members received.
There are a variety of asbestos litigation dockets across the United States, each with their own rules and procedures. In upstate New York the 5th Judicial District that 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 dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is specifically geared towards asbestos.