Asbestos Litigation Group
If you're working on asbestos litigation or another hazardous tort, you'll need a company that can provide comprehensive assistance. This includes electronic discovery management, high-tech depositions and an all-encompassing solution for managing huge volumes of 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 at Newark federal court. who asbestos litigation deal was not successful, however it was the beginning of an entire decade of effort by asbestos firms to compensate victims for their exposure.
In the 1960s, health experts began to recognize a connection between asbestos and certain diseases such as mesothelioma. The asbestos industry tried hard to keep the findings from being revealed, but articles about this research began to circulate. Unions representing workers, along with other groups, demanded asbestos manufacturers inform people about the dangers.
During this time, many asbestos producers were found to be negligent and required to compensate victims. This was made possible through laws that require anyone who creates an unsafe product to provide notice to consumers so that they can protect themselves.
In the 1980s, pattern of asbestos litigation changed. Instead of focusing on miners and asbestos manufacturers, attorneys represented victims exposed to asbestos in other workplaces. Railroads, refineries, shipyards and shipyards were among the places of work that were affected. These claims typically became large class actions.
One of the major issues with this litigation pattern was that plaintiffs' lawyers were tasked with too many tasks. They specialized in soliciting clients, aggregating them and filing lawsuits in bulk. They hoped to overtake the judiciary and defendants by filing massive lawsuits.
Many law firms for plaintiffs focused on generating profit rather than caring for their injured clients. Some firms screened their clients using mobile vans that released radiographs, and refused compensation if serious illnesses such as mesothelioma emerged.
Kazan Law specializes in representing clients suffering from asbestos-related illnesses, including mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They participate in the regular meetings of the national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, and attend the AAJ's Annual and Winter Conventions. The extensive involvement in asbestos litigation gives our firm an advantage. We can offer our clients the best representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a group of asbestos-related injuries. These types of asbestos lawsuits enable victims to get compensation without having to bring individual claims against several defendants, which can be costly and time-consuming.
Asbestos class action lawsuits are a faster way to get victims the compensation they require. In a class-action lawsuit a plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers concentrate on constructing strong cases in order to achieve the best possible outcome for the family of the victim.
Class actions can be found throughout the country with an abundance of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases into a single trial so that each case could be dealt with in an efficient manner rather than having to go through a series of trials.
It is crucial to remember that class actions may not be in the best interests of the victims. The biggest issue with mesothelioma settlements lies in the fact that victims are not compensated as fully as they would if they filed their own lawsuit against asbestos companies.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other types of asbestos litigation. For more than two decades, we've dedicated ourselves to providing families and patients with a full legal assistance. Our lawyers are knowledgeable about the details of filing mesothelioma lawsuits state courts, as well as federal courts.
We represent victims from all over the United States, even though the majority of them reside in or around New York. Whether you live in California or Florida we can assist you receive the money you deserve from mesothelioma lawsuits against negligent asbestos manufacturers. Call us now to schedule a free consultation. We're more than eager to discuss your case with you and go over with you the options available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies, they reserve funds to compensate victims of mesothelioma or other asbestos-related diseases. In lieu of suing a business the victims can submit an appeal to the trust fund. The trusts are designed to guarantee that there is enough money to pay all valid claims.
You must meet certain eligibility requirements to submit a claim. To qualify you must have worked in a place where the trust was established and have been diagnosed with an asbestos-related condition. You must also provide proof of exposure, including employment records, affidavits from people who worked with you, and in certain cases such cases, pathology reports or Xrays. If you're filing on behalf someone who has passed away you must submit an official death certificate.
Each asbestos trust also has its own set of criteria to determine the best way to assess claims. Some trusts use a two-step process called expedited review, whereas others employ an individual review process. Lawyers who specialize on asbestos litigation can assist in determining the best method for processing claims.
Asbestos trusts must fairly compensate claimants with similar illnesses. To do this, they established levels of disease that range from mesothelioma with no significant pulmonary function to pleural diseases.
It is common for people to file trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. Under the law of the state, companies could be required to divulge information regarding trust claims during the discovery phase.
While certain states have passed laws that prohibit the sharing, many courts have permitted the sharing. The U.S. Department of Justice, however, has called for greater accountability for asbestos trusts. They claim that they aren't protected against fraudulent claims and poor management.
The American Association for Justice offers resources and support to asbestos lawyers. Members can connect through a list server for plaintiffs only, and attend meetings during the AAJ's annual and winter conventions. The Asbestos Litigation Group is open to Regular Life, Sustaining, and President's Club AAJ members. The group's attorneys primarily handle cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit will aid victims in recovering compensation for their losses. Medical bills, lost income expenses for home care, emotional distress and pain and suffering are all covered. Asbestos victims might also be able to pursue punitive damages against negligent businesses who place profits over safety of workers.
The amount of a settlement or award is contingent on the specific losses experienced by the victim. Each case is assessed by a knowledgeable New York mesothelioma attorney who will ensure that victims receive the maximum compensation.
It's not easy to recognize and treat mesothelioma as well as other asbestos-related illnesses. This is why it is crucial that victims have a legal team on their side who knows how to identify the right sources of exposure and anticipate the defenses of the liable parties.
During the mesothelioma litigation process, the lawyer representing the victim will spend time collecting evidence and investigating their exposure to asbestos in order to establish that the asbestos-related illness was caused by defendants actions. They might interview employees, both former and current, who worked at the locations where the client was exposed. They may also review financial documents and factory records that show the defendants knew about asbestos's dangers but failed to protect their employees.
Although there aren't any public statistics that provide information regarding asbestos cases or verdicts in Connecticut however, data from across the country shows that the majority of asbestos cases are settled before trial. Most asbestos cases that reach trial end in a win for the plaintiff. However, there have been several asbestos jury awards that were reduced to reflect the medical insurance benefits the victim or their loved ones 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 is home to an asbestos docket overseen by Justice Charles C. Merrell. The 4th District, on the other hand has a judge who is committed to asbestos cases, Justice Richard T. Aulisi and is governed by a case management order that is asbestos-specific.