Asbestos Litigation Group
Whether you're working on asbestos litigation or another harmful tort issue, you require a company that can provide complete support. This includes electronic discovery management, high-tech depositions, and a complete solution for managing massive amounts of information.
The group is open to members of 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
The first asbestos lawsuit in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was dismissed, but it triggered an entire decade of effort by asbestos firms to compensate victims for exposure.
In the 1960s health researchers began to notice a link between asbestos and various diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed but news reports about the research started to surface. Workers' unions, among other groups, demanded that asbestos manufacturers warn people about the dangers.
During this period asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible by the laws that require anyone who creates an unsafe product to provide information to consumers to ensure they are protected themselves.
In the 1980s, the pattern of asbestos litigation changed. Instead of focusing on asbestos miners and manufacturers, lawyers represented people exposed to asbestos in other work environments. These included refineries, shipyards railways, power plants, and power stations. These claims were often consolidated into large class actions.
One of the major issues with this type of litigation was that many plaintiffs' lawyers took on too many tasks. They specialized in contacting clients, aggregating them and filing lawsuits in bulk. These mass filings were intended to overburden the court system and the defendants.
Many of the plaintiffs' firms were more concerned with generating profits rather than taking care of their injured clients. asbestos litigation online screened their clients using mobile vans that emit images, and denied compensation when serious illnesses like mesothelioma emerged.
The attorneys at Kazan Law specialize in representing people who have been diagnosed with asbestos-related illnesses such as 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 take part in regular meetings with the national Asbestos Trial Attorneys Association. The extensive involvement in asbestos litigation provides our firm with a distinct 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 a variety of 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 actions are also a quicker way to get the compensation victims need. In a class-action lawsuit, one plaintiff is chosen to represent the entire group. The plaintiffs and their mesothelioma lawyers can focus on building solid arguments to get the best possible outcome for the family of the victim.
Class actions are common in various areas of the country where there is an elevated level 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 dealt with in an efficient manner instead of having to go through several individual trials.
It is important to keep in mind that class actions may not be in the best interests of the victims. The main problem with mesothelioma class action settlements is that they are often unable to give victims 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 that are skilled in representing asbestos victims in class actions and other types of litigation. Since more than 20 years, we have been devoted to providing complete legal assistance to patients and their families. Our lawyers know the ins and outs of filing mesothelioma lawsuits 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 justice you deserve for a mesothelioma case against negligent asbestos manufacturers, regardless of whether you live in California, Florida or anywhere else. Call us today for a no-cost consultation. We are available to discuss your situation and explain the options available to you.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies, they reserve funds to compensate victims of mesothelioma and other asbestos-related illnesses. Instead of suing the company, victims file trust fund claims. The trusts are designed to guarantee that there is enough money available to cover all legitimate claims.
You must meet certain eligibility requirements to submit a claim. To be eligible you must have been employed at a company for which the trust was established and be diagnosed with an asbestos-related disease. You should also be able to prove that you were exposed to asbestos, for example employment records, affidavits from those who worked with you and, in some instances, pathology reports or radiographs. If you are filing on behalf of a deceased individual, you will need to submit a death certificate.
Additionally, each asbestos trust has its own criteria for how to evaluate the claim. Some trusts use a two-step process called expedited review, while others employ an individual review process. Lawyers who specialize in asbestos litigation can assist you in determining the most effective method for processing your claim.
Asbestos trusts are required to pay fair compensation to claimants suffering from similar illnesses. To determine this, they must have established disease levels, which vary from mesothelioma through pleural disease without significantly restricted the pulmonary function.
People frequently make trust funds and lawsuits against multiple asbestos companies who are accountable for their exposure. According to the laws of each state the companies are required to disclose details about trust claims during the discovery phase of a lawsuit.
While certain states have passed laws that prohibit the sharing of this information, a lot of courts have allowed it to happen. The U.S. Department of Justice, however, has called for increased accountability of asbestos trusts. They say they lack safeguards against fraud and improper management.
The American Association for Justice offers resources and support to 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 attorneys of the group concentrate on cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can aid victims in recovering compensation for their losses. This includes medical bills, loss of income and home care costs, emotional distress, pain and suffering and loss of quality of life. Asbestos victims may also seek punitive damages from negligent businesses that place 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 is evaluated by an experienced New York mesothelioma lawyer who will ensure that the victims receive the maximum amount of compensation.
It's not easy to diagnose and treat mesothelioma as well as other asbestos-related illnesses. This is why it is critical that patients have a legal team on their side who knows how to identify the sources of exposure and can anticipate the defenses of the accountable parties.
During the mesothelioma legal process, the lawyer representing the victim will spend time collecting evidence and analyzing their exposure to asbestos in order to prove that the asbestos-related illness was caused by defendants actions. They may interview former and current employees who worked at the work locations where their client was exposed. They can also look over documents from the factory or financial documents to prove that the defendants were aware of the dangers that asbestos poses and did not take precautions to protect their employees.
Although there aren't any public statistics that provide information about asbestos verdicts or cases in Connecticut but national data indicates that most asbestos cases settle before trial. The majority of asbestos cases that go to trial result in a win for the plaintiff. However there have been several asbestos jury award cases that were reduced to account for the medical insurance benefits the victim or their loved family members received.
There are many types of asbestos litigation dockets throughout the country, each with its own specific rules and procedures. In upstate New York the 5th Judicial District which includes 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 side, has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is specific to asbestos.