Asbestos Litigation Group
If you're involved in asbestos litigation or another hazardous tort matter, you need an organization that can provide complete support. This includes electronic discovery management, high-tech depositions, and a comprehensive solution to manage large volumes 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 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 unsuccessful but it triggered the beginning of a decade-long campaign by asbestos firms to compensate victims for their exposure.
In the 1960s, health scientists began to see that a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried hard to hide the findings however, articles about this research started to spread. Unions of workers, among other groups, demanded asbestos manufacturers inform the public about the dangers.
In the course of this time, a number of asbestos producers were found to be negligent and were required to pay compensation to victims. This was made possible by the laws that require anyone who develops a dangerous product to give information to consumers to ensure they are protected themselves.
In the 1980s, pattern of asbestos litigation changed. Attorneys began representing asbestos-exposure workers in other workplaces, instead of focusing solely on asbestos miners and manufacturers. These included shipyards, refineries railways, power plants, and power stations. These claims usually led to class actions of a large size.
One of the major issues with this pattern of litigation was that many plaintiffs' lawyers were tasked with too many tasks. They specialized in soliciting and bundling clients to file lawsuits in huge numbers. They wanted to overtake the judicial system and defendants with these massive filings.
Many law firms representing plaintiffs focused on generating profit instead of taking care of their injured clients. Some even screened clients using mobile x-ray vans, and denied them compensation if serious illnesses were discovered like mesothelioma.
Kazan Law specializes in representing clients suffering from asbestos-related illnesses including 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. The extensive involvement in asbestos litigation provides our firm with an advantage. We can offer our clients the most effective representation in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large number of asbestos-related injuries. These types of asbestos lawsuits enable victims to receive compensation without the need to file individual claims against multiple defendants which can be costly and time-consuming.
Asbestos class action lawsuits are an efficient method of obtaining victims the compensation they require. In an action that is a group, one plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers concentrate on building solid cases to achieve the best possible outcome for the victim and their family.
Class actions are common 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, so that each case could be settled efficiently instead of having to go through a series of trials.
However, it's important to keep in mind that class actions aren't always in the best interests of the victims. The main issue with mesothelioma class actions is that they are often unable to give victims as much compensation as they would when they had filed their own lawsuit against the companies accountable for their asbestos exposure.
The mesothelioma lawyers of Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos-related litigation. Since over 20 years, we've been committed to providing comprehensive legal support to patients and their families. Our attorneys know how to file mesothelioma lawsuits in both state and federal courts.
While the majority of our clients live in and around New York, we regularly represent victims across the United States. We can assist you in obtaining the justice you deserve for mesothelioma lawsuits against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us today for a no-cost consultation. We're more than willing to discuss your situation with you and go over with you the options that are available.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process companies put aside funds to pay compensation for victims with mesothelioma and other asbestos-related diseases. Instead of filing a lawsuit against the company, patients file trust fund claims. The trusts are designed to ensure that there is enough money available to pay all valid claims.
You must meet certain eligibility requirements in order to submit a claim. You must have worked for the company that set up the trust and be diagnosed with an asbestos-related illness to qualify. You must also submit evidence of exposure, which includes employment documents, affidavits of people who worked with you and in certain cases, pathology reports or X-rays. If you're filing on behalf someone who died you must also provide an official death certificate.
Each asbestos trust has its own set of rules to determine how to evaluate claims. Some trusts use a two-step process called expedited review, whereas others employ an individual review process. Lawyers with a specialization in asbestos litigation can help you in determining the most efficient method for processing claims.
Asbestos trusts have to pay claimants suffering from similar diseases equally. To achieve this, they have established the levels of disease that vary from mesothelioma that has no significant respiratory function to pleural disorders.
People often have to file lawsuits and trust funds against multiple asbestos companies who are responsible for their exposure. According to Santa Fe asbestos lawsuit , companies may be required to disclose information regarding trust claims during the litigation discovery phase.
While some states have passed laws that prohibit the sharing of this information, a lot of courts have allowed it to happen. However, the U.S. Department of Justice has been calling for increased accountability in asbestos trusts noting that they do not have protections against fraud and sloppy management.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can network through a plaintiffs-only list server and attend meetings at the AAJ's winter and annual conventions. The Asbestos Litigation Group is open to Regular, Life, Sustaining and President's Club AAJ members. The group's attorneys concentrate on cases involving asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit will allow victims to recover compensation for their losses. This includes medical expenses, income loss, home care expenses emotional stress, pain and suffering, and lost quality of life. Asbestos-related victims may also be able to pursue damages for punitive harm against companies who put profits before worker safety.
The amount of a settlement or award is contingent on the specific losses experienced by the victim. It is crucial that each case is evaluated by a skilled New York mesothelioma lawyer who will ensure that the victims get the most compensation.
Mesothelioma and other asbestos-related diseases are not easy to detect or treat. It is important that victims have a skilled legal team who can identify the sources of asbestos exposure and anticipate the defenses from the liable parties.
In the process of a mesothelioma suit the legal team of the victim will be gathering evidence and analyzing the asbestos exposure of the victim in order to establish that defendants' actions caused the asbestos-related disease. They can interview current and former employees who worked at the work places where their client was exposed. They can also look over the records of factories and financial documents that show the defendants knew about the dangers of asbestos and failed to protect their workers.
Although there aren't any public statistics about asbestos verdicts or cases in Connecticut, national data shows that the majority of asbestos cases settle before trial. Most asbestos cases that reach trial result in a win for the plaintiff. However there have been a few asbestos jury award cases which were reduced to take into account the medical insurance benefits that victims or their loved ones received.
There are a variety of asbestos litigation dockets across the United States, each with its own rules and procedures. In the upstate region of New York, the 5th Judicial District (which includes Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket controlled by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -- Justice Richard T. Aulisi and is governed by an asbestos-specific case management order.