Asbestos Litigation Group
You require a company that can offer a comprehensive service whether you're working on asbestos litigation, or any other toxic tort case. That includes providing electronic discovery management; high-tech deposition services; as well as an all-encompassing solution to manage large volumes of case data.
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 and 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 not successful however it was the beginning of a long-running effort to make asbestos companies pay compensation to victims of their exposure.
In the 1960s, health scientists began to see that there was a link between asbestos and the diseases like mesothelioma. The asbestos industry tried to keep the findings quiet however, news about the research began to circulate. Unions for workers and other groups started demanding that asbestos manufacturers be forced to warn the public about the dangers posed by the deadly mineral.
In this time asbestos producers were found to be negligent and ordered to compensate victims. This was possible because of laws that require anyone who creates dangerous products to notify the public so that they can be protected.
In the 1980s, asbestos litigation began to change. Instead of focusing on miners and asbestos manufacturers, lawyers represented people exposed to asbestos in various other workplaces. Railroads, refineries, 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 pattern of litigation was that a lot of plaintiffs' lawyers took on too much work. They were specialized in contacting clients, combining them and filing lawsuits in large quantities. They wanted to overtake the judicial system and defendants by filing massive lawsuits.
Many of the plaintiffs' firms were more concerned with generating profits than looking after their clients who were injured. Some firms screened their clients using mobile vans that released x-rays, and denied compensation if serious diseases like mesothelioma emerged.
Kazan Law specializes in representing clients suffering from asbestos-related illnesses such as mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They participate in regular meetings of the national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, and attend AAJ's Annual and Winter Conventions. The extensive involvement in asbestos litigation provides our firm with an advantage. We can offer our clients the best possible representation in these complicated cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of many people who have suffered similar asbestos injuries. These kinds of asbestos lawsuits permit victims to get compensation without having to make individual claims against a number of defendants, which can be costly and time-consuming.
Asbestos class action lawsuits can be a faster way to get victims the compensation they need. In a class-action lawsuit, the plaintiff is selected to represent the whole group. The plaintiff and their mesothelioma attorneys can focus on building strong cases to get the best outcome for the family of the victim.
There are a variety of regions in the United States where asbestos exposure is high. Class actions are common. 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 resolved efficiently rather than having to go through multiple individual trials.
It is important to keep in mind that class actions may not be in the best interests of victims. The primary issue with mesothelioma settlements is that they are often unable to provide victims with the same compensation as they would have received if they had filed an individual lawsuit against the company responsible for their asbestos exposure.
The mesothelioma attorneys at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other types of asbestos litigation. For more than 20 years, we've been devoted to providing complete legal support to patients and their families. why asbestos litigation are important are knowledgeable about the ways and disadvantages of filing mesothelioma lawsuits in state courts as well as federal courts.
While the majority of our clients live in and around New York, we regularly represent victims across the United States. Whether you live in California or Florida we can assist you get the compensation you deserve from mesothelioma lawsuits against negligent asbestos producers. Call us today for a no-cost consultation. We are happy to discuss your case with you and discuss with you the options that are available.
Asbestos Bankruptcy Trusts
In the asbestos bankruptcy process, companies set aside money to compensate patients suffering from mesothelioma and various asbestos-related diseases. Instead of filing a lawsuit against the company, patients are able to file trust fund claims. Trusts guarantee that there will be enough money to cover all legitimate claims.
You must meet certain eligibility requirements to file 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 prove that you were exposed to asbestos, for example employment records, affidavits from people who worked with your and, in certain instances radiographs or pathology reports. If you're filing on behalf a deceased person you must also provide the death certificate.
In addition, each asbestos trust has its own set of criteria for how to review an application. Some utilize a two-step expedited review process, while others use an individual review process. Lawyers who specialize on asbestos litigation can assist you in determining the most efficient method to process claims.
Asbestos trusts are required to pay fair compensation to claimants suffering from similar diseases. To do this, they have established levels of disease that range from mesothelioma without significant respiratory function to pleural disorders.
It is typical for people to file trust funds and lawsuits against multiple asbestos companies responsible for their exposure. Based on the state's law, these companies must disclose information regarding trust claims during the discovery phase of a lawsuit.
While certain states have passed legislation to prevent the sharing of this information, a lot of 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 security measures to stop fraud and mismanagement.
The American Association for Justice offers resources and support to asbestos lawyers. Members can join the list server that is exclusively for plaintiffs and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining and President's club AAJ members. The attorneys in the group primarily handle cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can assist victims to receive compensation for their losses. Medical bills, lost income, emotional distress, home-care costs and pain and suffering are all included. Asbestos victims may also be able to pursue damages for punitive harm against companies who place profits over worker safety.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. Each case should be assessed by a knowledgeable New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
Mesothelioma and other asbestos-related illnesses are not easy to diagnose or treat. It is important that victims have a knowledgeable legal team who can determine the sources of exposure to asbestos and anticipate defenses from the liable parties.
During the mesothelioma lawsuit procedure the victim's legal team is responsible for collecting evidence and analyzing the asbestos exposure of the victim in order to establish that defendants' actions caused the asbestos-related disease. They may interview current and former employees who worked at the work sites where their client was exposed. They can also look over the records of factories and financial documents that reveal that the defendants were aware about asbestos' dangers and failed to protect their employees.
Although there aren't any official data in Connecticut that provide information about asbestos cases and verdicts. However, national research indicates that the majority of asbestos cases settle before trial. The majority of those that go to trial result in a victory for the plaintiff, even though there have been a few asbestos jury verdict cases that have been reduced to take into account medical insurance benefits that the victim or their loved family members received.
There are many different types asbestos litigation dockets throughout the United States, each having their specific rules and procedures. In upstate New York the 5th Judicial District that comprises Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket supervised by Justice Charles C. Merrell. The 4th District, on the other side, has a judge dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is specific to asbestos.