Asbestos Litigation Group
If you're working on asbestos litigation or another hazardous tort matter, you need a firm that can offer complete support. This includes electronic discovery management, high-tech deposition solutions; and a comprehensive solution to manage large volumes of information about the case.
The group is open to members of all AAJ members which includes 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 at Newark federal court. The case was unsuccessful however it was the beginning of an entire decade of effort by asbestos companies to compensate victims for exposure.
In the 1960s, health researchers began to discover a link between asbestos and various diseases like mesothelioma. when asbestos litigation finishes attempted to keep these findings quiet, but news articles about the research began to circulate. Unions of workers and other groups began demanding that asbestos producers be forced to inform people about the dangers of this deadly mineral.
In this time asbestos producers were found to be negligent and ordered to pay compensation to victims. This was made possible by the laws which require anyone who makes an unsafe product to provide information to consumers to ensure they are protected themselves.
In the 1980s, asbestos litigation started to change. Instead of focusing on miners and asbestos manufacturers, lawyers represented those exposed to asbestos in other workplaces. Railroads, refineries, shipyards and shipyards were among the workplaces that were affected. These claims typically led to class actions of a large size.
One of the biggest issues with this litigation pattern was that plaintiffs' lawyers took on too many tasks. They specialized in contacting clients, aggregating them and filing lawsuits in large quantities. The purpose of these mass filings was to overwhelm the court system and the defendants.
Many of the plaintiffs' firms were more concerned with generating profits rather than taking care of their injured clientele. Some firms screened their clients with mobile vans that emitted x-rays, and denied compensation when serious illnesses like mesothelioma emerged.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases 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. This extensive involvement in asbestos litigation provides our firm with a distinct edge. We are able to provide our clients the best possible representation in these complicated cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar asbestos injuries. These asbestos lawsuits allow victims to receive compensation, without the need to submit individual claims. This can be costly and time-consuming.
Asbestos class action lawsuits are an efficient method to obtain the compensation victims need. In a class action, one plaintiff is chosen to represent the group as a whole. The plaintiff and their mesothelioma lawyers can concentrate on building strong cases to achieve the best possible outcome for the family of the victim.
Class actions can be found in various areas of the country where there is a high concentration of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single instance, so that each claim could be resolved efficiently rather than having to undergo multiple individual trials.
It's important to remember that class actions may not be in the best interest of the victims. The main problem with mesothelioma settlements is that the victims are not compensated as much as they would be if they filed their own lawsuit against the asbestos companies.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos-related litigation. Since more than 20 years, we've been committed to providing comprehensive legal assistance to patients and their families. Our attorneys know how to file mesothelioma cases in both state and 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 mesothelioma cases against negligent asbestos manufacturers, whether you live in California, Florida or anywhere else. Contact us now for a no-cost consultation. We're happy to discuss your needs and explain the options available to you.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos-related companies, they set aside funds for compensation to victims with mesothelioma, or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients are able to file trust fund claims. The trusts guarantee that there will be enough money to cover all valid claims.
To file a claim with an asbestos trust you must meet eligibility requirements. To qualify you must have worked for a company where the trust was created and have been diagnosed with an asbestos-related illness. You must also provide proof that you were exposed to asbestos, such as employment records, affidavits of people who worked with your and, in some instances radiographs or pathology reports. If you are filing on behalf of the deceased person, you will need to provide a death certificate.
Additionally each asbestos trust has its own set of criteria for how to review a claim. Some utilize a two-step expedited review procedure, while others rely on an individual review system. Lawyers who specialize in asbestos litigation will assist you in determining the best method for processing claims.
Asbestos trusts must pay fair compensation to claimants suffering from similar illnesses. To determine this, they must have established disease levels, which vary from mesothelioma to the pleural disease, without significantly limiting pulmonary function.
Many people file lawsuits and trust funds against multiple asbestos companies that are accountable for their exposure. According to state law, businesses may be required to disclose details regarding trust claims during the discovery phase.
While certain states have passed legislation to prevent the sharing of this information, most courts have allowed this 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 mismanagement.
The American Association for Justice provides resources and support for asbestos lawyers. Members can connect through a list server for plaintiffs only and attend meetings at the AAJ's winter and annual conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining and President's Club AAJ members. The group's attorneys concentrate on cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can allow victims to recover compensation for their losses. This includes medical bills, loss of income, home care expenses emotional suffering, distress, and lost quality of life. Asbestos-related victims may also be able to pursue damages for punitive harm against companies that put profit over safety of workers.
The amount of an award or settlement will depend on the individual losses of the victim. It is crucial that each case is evaluated by an experienced New York mesothelioma lawyer who will ensure that victims receive maximum compensation.
It's not easy to recognize and treat mesothelioma or other asbestos-related diseases. It is crucial that the victims have a knowledgeable legal team who can identify the sources of asbestos exposure and anticipate defenses from the liable parties.
During the mesothelioma litigation process, a lawyer representing the victim will spend time gathering evidence and investigating their exposure to asbestos to prove that the asbestos-related illness was caused by defendants' actions. They can interview employees from the past and present who worked at the job locations where their client was exposed. They may also review the financial records and factory records that reveal that the defendants were aware about asbestos' dangers and did not take precautions to protect their workers.
While there aren't any public statistics for Connecticut that give information on asbestos cases and verdicts, nationwide data indicates that most asbestos cases settle prior to trial. The majority of asbestos cases that go to trial result in a win for the plaintiff. However there have been a few asbestos jury awards that were reduced to take into account the medical insurance benefits the victim or their loved family members received.
There are many types of asbestos litigation dockets throughout the country, each having distinct rules and procedures. In the upper reaches of New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket overseen by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge --- Justice Richard T. Aulisi -- and operates under an asbestos-specific case management order.