Asbestos Litigation Group
If you're working on asbestos litigation or another toxic tort matter, you need a firm that can offer comprehensive assistance. That includes providing electronic discovery management; high-tech deposition services; and an extensive solution to manage large volumes of case information.
The group is open to everyone 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. The case was unsuccessful however it was the beginning of a decade-long campaign to force asbestos companies pay for their exposure.
In the 1960s, health experts began to notice a link between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed but news reports about the research began to circulate. Workers' unions and other groups started demanding that asbestos producers be required to inform people about the dangers of this dangerous mineral.
During this period asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was due to laws that require anyone who creates a hazardous product to notify consumers to be protected.
By the 1980s, the pattern of asbestos litigation had changed. Attorneys began representing asbestos-exposed workers in other industries instead of focusing exclusively on asbestos miners or asbestos manufacturers. This included shipyards, refineries railways, power plants, and power stations. These claims often resulted in large class actions.
One of the biggest problems with this litigation pattern was that a lot of plaintiffs' lawyers were tasked with too much work. They were experts in soliciting and bundling clients to file lawsuits in large numbers. The purpose of these mass filings was to overwhelm the court system and the defendants.
Many plaintiffs' firms were more concerned with generating profits than caring for their injured clientele. Some firms screened their clients with mobile vans that released radiographs, and refused compensation when serious illnesses like mesothelioma emerged.
Kazan Law's attorneys Kazan Law specialize in representing those suffering from asbestos-related diseases such as 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 a unique edge. We can provide our clients with the best possible representation in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large number of asbestos-related injuries. These asbestos lawsuits enable victims to receive compensation without the need to file individual claims. This can be time-consuming and costly.
Asbestos class action lawsuits are also an efficient method of obtaining victims the compensation they deserve. In a class action, one plaintiff is chosen to represent the group as a whole. The plaintiffs and their mesothelioma lawyers can focus on building strong case to achieve the best possible outcome for the victim and family.
Class actions are common in various areas of the country with a high concentration 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 settled in an efficient manner instead of going through a series of trials.
However it's important to keep in mind that class actions aren't always in the best interests of victims. The main problem with mesothelioma class action settlements is that they often fail to give victims as much compensation as they would if they had filed their own lawsuit against the company responsible for their asbestos exposure.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other types of asbestos litigation. For over two decades, we've been devoted to providing families and patients with comprehensive legal support. Our lawyers know how to file mesothelioma cases in both federal and state courts.
We represent victims all over the United States, even though the majority of them reside in or around New York. We can assist you in obtaining the compensation you deserve in a mesothelioma case against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Call us now for a no-obligation consultation. We're more than willing to discuss your situation with you and discuss with you the options available.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies set aside money for compensation to victims with mesothelioma, or other asbestos-related diseases. In lieu of suing a business or a person, victims can file a trust fund claim. Trusts guarantee that there will be enough funds to cover all legitimate claims.
You must meet certain eligibility requirements to submit an application. To be eligible you must have worked at a company for which the trust was established and have been diagnosed with an asbestos-related illness. You must also provide proof of exposure, which includes employment documents, affidavits of people who worked for you and in some cases such cases, pathology reports or Xrays. If you're filing on behalf someone who died you must also provide an official death certificate.
In addition, each asbestos trust has its own criteria for how to review a claim. Some trusts use a two-step speedy review procedure, while others use an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the most effective method of claim processing.
Asbestos trusts have to compensate claimants suffering from similar diseases equally. To do this, they established disease levels that range from mesothelioma with no significant pulmonary function to pleural diseases.
Many people make trust funds and lawsuits against a variety of asbestos companies that are accountable for their exposure. Depending on state law, these companies must disclose information regarding trust claims during the discovery phase of a lawsuit.
While some states have passed laws that prohibit the sharing of this information, most courts have allowed this to happen. However, the U.S. Department of Justice has been urging for greater accountability for asbestos trusts, citing that they lack safeguards to prevent fraud and mismanagement.
The American Association for Justice provides resources and support for asbestos lawyers. Members can connect through a list server for plaintiffs only and also attend meetings at 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 concentrate on cases involving asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can assist victims to receive compensation for their losses. Medical expenses, lost income, emotional distress, home-care costs and pain and suffering are all covered. Asbestos victims may also seek punitive damages from negligent companies that put profits over worker safety.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. It is crucial that each case is evaluated by a skilled New York mesothelioma lawyer who will ensure that victims get the most compensation.
Mesothelioma and other asbestos-related illnesses are not easy to diagnose or treat. It is important that victims have a skilled legal team who can determine the sources of asbestos exposure and anticipate the defenses of the responsible parties.
During the mesothelioma lawsuit process, the victim's legal team is responsible for collecting evidence and investigating the asbestos exposure of the victim in order to establish that the actions of defendants caused the asbestos-related disease. They may interview current and former employees who worked at the places where the victim was exposed. Springdale asbestos lawyers can also review the records of the factory and financial records that prove that the defendants were aware of the risks associated with asbestos exposure and did not protect their employees.
Although there aren't any official statistics for Connecticut that give information on asbestos cases and verdicts, national evidence suggests 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 that were reduced to take into account the medical insurance benefits the victim or their loved ones received.
There are a variety of asbestos litigation dockets across the United States, each having their own rules and procedures. In upstate New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket that is managed by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -the judge - Justice Richard T. Aulisi -- and operates under an asbestos-specific case management order.