Asbestos Litigation Group
If you're involved in asbestos litigation or another harmful tort issue, you require a firm that can offer complete support. This includes providing electronic discovery management, high-tech deposition services; as well as an all-encompassing solution to manage large volumes of case data.
This group is open to Regular, Life, Sustaining and President's Club AAJ 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 in 1929. The case was not successful, but it triggered the beginning of a decade-long campaign by asbestos companies to compensate victims for their exposure.
In the 1960s, health scientists began to realize that there was a link between asbestos and diseases like mesothelioma. The asbestos industry tried to hide the findings however, news about the research started to spread. Unions of workers and other organizations began to demand that asbestos producers be required to inform people about the dangers of the dangerous mineral.
In the course of this time, asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible by laws that require anyone who makes a hazardous product to notify the public so that they can protect themselves.
In the 1980s, asbestos litigation started to shift. Instead of focusing on asbestos miners and manufacturers, lawyers represented those exposed to asbestos in various other workplaces. Shipyards, refineries and railroads were among the industries that were affected. These claims were often consolidated into large class actions.
This pattern of litigation had several issues, including the fact that plaintiffs' lawyers had to do a lot of work. They were specialized in contacting and bundling clients to file lawsuits in large numbers. They were hoping to overtake the judicial system and defendants with these massive filings.
Many plaintiffs' law firms focused on generating profits instead of taking care of their injured clients. Some firms screened their clients with mobile vans that emit x-rays, and denied compensation for serious illnesses such as mesothelioma emerged.
Kazan Law specializes in representing clients diagnosed with asbestos-related illnesses 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 broad involvement in asbestos litigation provides our firm with an advantage that is unique. We can provide our clients with the most effective representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large number of people who have similar asbestos injuries. These types of asbestos lawsuits enable victims to get compensation without having to file individual claims against multiple defendants which can be costly and time-consuming.
Asbestos class actions can be an effective method of obtaining the compensation that victims need. In the case of a class action, a single plaintiff is chosen to represent the group as a whole. Bellflower asbestos attorneys and their mesothelioma lawyers concentrate on building strong cases in order to achieve the best possible outcome for the family of the victim.
There are many regions in the United States where asbestos exposure is very high. Class actions are frequent. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma lawsuits into a single case so that each claim could be dealt with quickly, rather than going through multiple individual trials.
However it's important to keep in mind that class actions aren't always in the best interest of victims. The main problem with mesothelioma settlements lies in the fact that victims aren't compensated as well as they would when they filed their own lawsuit against asbestos companies.
Levy Konigsberg LLP has a team of mesothelioma attorneys who are experienced in representing asbestos victims in class actions and other types of litigation. Since more than 20 years, we have been devoted to providing complete legal support to patients and their families. 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 live in or around New York. We can assist you in obtaining the compensation you deserve for mesothelioma lawsuits against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us today for a no-obligation consultation. We are happy to discuss your case with you and go over with you the options available.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy procedure companies put aside funds to compensate victims with mesothelioma and other asbestos-related diseases. Instead of suing the company, victims file trust fund claims. Trusts guarantee that there is enough money to cover all legitimate claims.
You must meet certain eligibility requirements in order to file a claim. You must have worked for a company that created the trust and be diagnosed with an asbestos-related disease to be eligible. You must also prove that you were exposed to asbestos, for example employment records, affidavits of employees who worked with you and, in some cases, pathology reports or radiographs. If you're filing on behalf someone who has passed away you must also provide an official death certificate.
Additionally, each asbestos trust has its own rules for how to evaluate an application. Some use a two-step expedited review process, while others rely on an individual review process. Lawyers who specialize in asbestos litigation will help you determine the best method of claim processing.
Asbestos trusts must equitably compensate claimants who have similar diseases. To be able to do this, they must have established disease levels, which vary from mesothelioma to pleural disease without significantly restricted pulmonary function.
Many people file lawsuits and trust funds against multiple asbestos companies who are accountable for their exposure. Depending on state law the companies are required to disclose information about trust claims during the discovery phase of the lawsuit.
While some states have passed laws to stop the sharing of this information, many courts have allowed this to occur. The U.S. Department of Justice however, has called for greater accountability for asbestos trusts. They cite that they lack safeguards against fraudulent claims and improper management.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can join a plaintiff-only list server and attend meetings at AAJ 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 an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may assist victims to receive compensation for their losses. Medical bills, lost income home-care expenses, emotional distress and pain and suffering are all covered. Asbestos victims can also seek damages for punitive harm from negligent businesses that place profits before worker safety.
The amount of a settlement or award depends on the specific losses experienced by the victim. It is crucial that each case is assessed by a skilled New York mesothelioma lawyer who will ensure that victims receive the maximum amount of compensation.
It isn't easy to identify and treat mesothelioma and other asbestos-related illnesses. This is why it is crucial that the victims have a legal team that knows how to identify the sources of exposure and can anticipate defenses from the liable parties.
During the mesothelioma lawsuit process, the victim's legal team is responsible for collecting evidence and analyzing the asbestos exposure of the victim to prove that the defendants' actions led to the asbestos-related illness. They can interview current and former employees who worked at the job locations where their client was exposed. They may also review the financial records and factory records which show that the defendants knew about asbestos's dangers but did not take precautions to protect their workers.
There aren't any public statistics in Connecticut that give information on asbestos cases and verdicts, nationwide research indicates that the majority of asbestos cases settle before trial. Most asbestos cases that reach trial end with a victory for the plaintiff. However, there have been several asbestos jury award cases that were reduced to reflect the medical insurance benefits that the victim or their loved ones received.
There are many different types asbestos litigation dockets in the United States, each having their own 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 that is controlled 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.