Asbestos Litigation Group
If you're working on asbestos litigation or another harmful tort matter, you need an organization that can provide comprehensive support. This includes electronic discovery management, high-tech depositions and an all-encompassing solution for managing massive amounts of information.
This group is open to Regular, Life, Sustaining and President's Club AAJ members. The group meets at both the AAJ Annual Convention and Winter Convention.
Asbestos Litigation History
Anna Pirskowski filed the first asbestos lawsuit in 1929 at Newark federal court. The case was dismissed, but it marked a decade-long effort by asbestos companies to compensate victims for their exposure.
In the 1960s, health scientists began to realize that there was a link between asbestos and diseases like mesothelioma. The asbestos industry tried to hide the findings, but articles about this research began to circulate. Unions for workers and other groups began demanding that asbestos producers be forced to warn the public about the dangers of this dangerous mineral.
During this time, many asbestos producers were found guilty of negligence and required to pay compensation to victims. This was made possible by laws that require anyone who makes a dangerous product, to notify the public so that they can safeguard themselves.
By the 1980s, the pattern of asbestos litigation had changed. Instead of focusing on miners and asbestos manufacturers, lawyers represented those exposed to asbestos in various other workplaces. These included shipyards, refineries, railroads and power plants. These claims typically grew into large class actions.
One of the major issues with this pattern of litigation was that plaintiffs' lawyers took on too many tasks. They specialized in soliciting and bundling clients to file lawsuits in huge quantities. They were hoping to overtake the judiciary and defendants with these massive filings.
Many law firms for plaintiffs focused on generating profit instead of taking care of their injured clients. Some firms screened their clients with mobile vans that emitted radiographs, and refused compensation if serious diseases like mesothelioma arose.
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. This extensive participation in asbestos litigation provides our firm with an advantage. We can offer our clients 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 with similar asbestos injuries. These asbestos lawsuits enable victims to receive compensation, without the need to make individual claims. This is time-consuming and expensive.
Asbestos class actions can be an efficient method to obtain the compensation victims need. In a class-action lawsuit one plaintiff is chosen to represent the whole group. The plaintiff and their mesothelioma attorneys can concentrate on constructing solid cases to obtain the best outcome for the victim and their family.
Class actions are common in a variety of areas across the country with an elevated level of asbestos exposure. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases in one trial, ensuring that each case could be dealt with in an efficient manner instead of going through several individual trials.
It's important to remember that class actions may not always be in the best interests of the victims. The main problem with mesothelioma settlements is that the victims aren't compensated as well as they would if they filed their own lawsuit against asbestos companies.
Levy Konigsberg LLP has a team of mesothelioma attorneys that have years of experience representing asbestos victims in class actions and other forms of litigation. For over two decades, we've been devoted to providing families of patients with comprehensive legal support. Our attorneys understand the ins and outs 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 reside in or around New York. We can help you receive the compensation you deserve in mesothelioma lawsuits against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us today for a no-cost consultation. We are willing to discuss your situation 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 illnesses. In lieu of suing a business the victims can submit a trust fund claim. The trusts are created to ensure that there is enough money available to cover all legitimate claims.
You must meet certain eligibility requirements in order to submit a claim. To qualify you must have been employed at a company for which the trust was established and have been diagnosed with an asbestos-related illness. You must also show proof of exposure, such as employment documents, affidavits from employees who worked with you, and, in some instances the report of pathology or X-rays. If you're filing on behalf of someone who has passed away you must also provide a death certificate.
Each asbestos trust also has its own criteria for evaluating a claim. Some utilize a two-step expedited review process, while others rely on an individual review process. Lawyers who specialize on asbestos litigation can help you in determining the best method to process claims.
Asbestos trusts are required by law to fairly compensate claimants with similar diseases. To be able to do this, they must have established disease levels that vary from mesothelioma through Pleural disease that is not significantly restricted in lung function.
It is typical for people to make trust funds and lawsuits against multiple asbestos companies responsible for their exposure. According to the law of the state, companies could be required to provide details regarding trust claims during the discovery phase.
While some states have passed laws that prohibit the sharing of this information, most courts have allowed this to occur. However, the U.S. Department of Justice has been calling for increased accountability for asbestos trusts, because they lack security measures to stop fraud and mismanagement.
The American Association for Justice offers assistance and resources to asbestos lawyers. Members can network through a list server for plaintiffs only and also attend meetings during the AAJ's annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining, and President's Club AAJ members. The group's attorneys primarily handle cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could assist victims to receive compensation for their losses. Medical expenses, lost income, home-care expenses, emotional distress and suffering are all covered. Asbestos-related victims may also be able seek punitive damages against negligent companies who put profits before safety of workers.
The amount of an award or settlement is contingent on the specific losses experienced by the victim. It is crucial that each case be evaluated by a skilled New York mesothelioma lawyer who will ensure that victims receive maximum compensation.
It isn't easy to recognize and treat mesothelioma as well as other asbestos-related illnesses. Mission Viejo asbestos lawsuits is why it is essential that patients have a legal advocate on their side who knows how to identify the sources of exposure and anticipate the defenses of accountable parties.
During the mesothelioma litigation process, the lawyer representing the victim will be able to gather evidence and analyzing their exposure to asbestos in order to demonstrate that the asbestos-related disease was the result of defendants' actions. They might interview employees from the past and present who worked at the work places where their client was exposed. They may also examine the records of factories and financial documents that show the defendants knew about asbestos's dangers but failed to protect their employees.
There aren't any public statistics in Connecticut that provide information about asbestos cases and verdicts, nationwide research indicates that the majority of asbestos cases settle before trial. Most cases that reach trial result in winning for the plaintiff, though there have been a few asbestos jury verdicts that have been reduced to take into account medical insurance benefits the victim or their loved family members received.
There are many different types asbestos litigation dockets throughout the United States, each with its specific rules and procedures. In the upper reaches of New York, the 5th Judicial District (which includes Onondaga, Oswego, Herkimer and Jefferson) has an asbestos-specific docket that is overseen by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -the judge - Justice Richard T. Aulisi and is governed by an asbestos-specific case management order.