Asbestos Litigation Group
Whether you're working on asbestos litigation or another toxic tort matter, you need an organization that can provide comprehensive support. That includes providing electronic discovery management; high-tech deposition services; and a comprehensive solution to manage large volumes of case information.
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. The case was not successful, but it triggered a decade-long effort by asbestos firms to compensate victims for exposure.
In the 1960s, health scientists began to realize that a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry tried hard to keep the findings quiet, but articles about this research started to spread. Unions of workers and other organizations began to demand that asbestos producers be forced to warn people about the dangers of this deadly mineral.
During this period asbestos producers were found to be negligent and ordered to compensate victims. This was made possible by the laws that require anyone who develops an unsafe product to provide the consumer a warning so that they can protect themselves.
In the 1980s, asbestos litigation started to evolve. Instead of focusing on miners and asbestos manufacturers, lawyers represented those exposed to asbestos in various other workplaces. Shipyards, refineries and railroads were among the workplaces that were affected. These claims typically became large class actions.
One of the biggest problems with this pattern of litigation was that plaintiffs' lawyers took on too many tasks. They specialized in soliciting clients, aggregating them and filing lawsuits in bulk. These massive filings were designed to overburden the court system and the defendants.
Many law firms representing plaintiffs focused on making money instead of focusing on their injured clients. Some even screened clients using mobile x-ray vans, and refused them compensation when serious illnesses developed such as mesothelioma.
The lawyers at Kazan Law specialize in representing people who have been 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. Their extensive involvement in asbestos litigation provides our firm with a distinct advantage. We can provide our clients with the most effective representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large number of asbestos-related injuries. These types of asbestos lawsuits allow victims to get compensation without having to file individual claims against multiple defendants, which can be costly and time-consuming.
Asbestos class action lawsuits can be an effective method of getting victims the compensation they deserve. In a class action lawsuit, the plaintiff is selected to represent the whole group. The plaintiff and their mesothelioma lawyers can concentrate on building strong cases to obtain the best outcome for the family of the victim.
Class actions can be found throughout the country that have an elevated level of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma cases into a single case, ensuring that each claim could be settled quickly, rather than having to go through several individual trials.
However, it's important to remember that class actions are not always in the best interests of victims. The main issue with mesothelioma class action settlements is that they often fail to give victims as much compensation as they would have received in the event of filing their own lawsuit against the company responsible for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys who are skilled in representing asbestos victims in class actions and other types of litigation. For more than 20 years, we have been devoted to providing complete legal assistance to patients and their families. Our attorneys know how to file mesothelioma cases both state and federal courts.
While the majority of our clients reside in and around New York, we regularly represent victims across the United States. We can help you get the compensation you deserve in a mesothelioma case against negligent asbestos manufacturers, regardless of whether you live in California, Florida or anywhere else. Contact us today for a no-cost consultation. We're more than happy to discuss your case with you and discuss with you the options available.
Asbestos Bankruptcy Trusts
In the asbestos bankruptcy process, companies set aside money to pay compensation for those suffering from mesothelioma or other asbestos-related illnesses. In lieu of suing a business, victims can make an appeal to the trust fund. The trusts ensure that there is enough money to cover any valid claims.
To submit a claim to an asbestos trust you must meet eligibility requirements. To qualify you must have worked in a place where the trust was created and have been diagnosed with an asbestos-related illness. You must also submit evidence of exposure, such as employment documents, affidavits from employees who worked for you and, in some cases such cases, pathology reports or Xrays. If you're filing on behalf someone who has passed away, you must provide an official death certificate.
Each asbestos trust has its own criteria to determine how to evaluate claims. Some have a two-step process known as expedited review, and others use an individual review system. Lawyers who specialize in asbestos litigation will help you determine the best method of claim processing.
Asbestos trusts have to pay claimants suffering from similar diseases equitably. To determine this, they must have established disease levels that range from mesothelioma to pleural disease without significantly restricted lung function.
People often have to file lawsuits and trust funds against a variety of asbestos companies that are accountable for their exposure. Depending on state law the companies are required to disclose information about trust claims during the discovery phase of a lawsuit.
While certain states have passed laws that prohibit the sharing of this information, many courts have allowed it to happen. The U.S. Department of Justice however, has pushed for greater accountability of asbestos trusts. They say they aren't protected against fraud and improper management.
The American Association for Justice provides resources and support for asbestos lawyers. Members can network on the list server that is exclusively for plaintiffs 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 attorneys of the group concentrate on cases involving asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could aid victims in receiving compensation for their losses. Medical bills, lost income, home-care expenses, emotional distress and pain and suffering are all covered. Asbestos-related victims may also be able seek punitive damages against negligent businesses who put profits before safety of workers.
The amount of an award or settlement depends on the specific losses suffered by the victim. Each case must be examined by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.
Mesothelioma and other asbestos-related illnesses are not easy to diagnose or treat. It is important that victims have an experienced legal team that can pinpoint the sources of exposure to asbestos and anticipate the defenses from the responsible parties.
In the process of a mesothelioma suit, the victim's legal team is responsible for collecting evidence and investigating the victim's exposure to asbestos to prove that the defendants' actions led to the asbestos-related illness. They can interview employees from the past and present who worked on the job sites where their client was exposed. They can also look over the financial records and factory records that reveal that the defendants were aware about the dangers of asbestos and did not take precautions to protect their workers.
While there aren't any public data in Connecticut that provide information about asbestos cases and verdicts. However, San Marcos asbestos lawyer suggests that the majority of asbestos cases settle prior to trial. The majority of cases that go to trial result in winning for the plaintiff, however there have been asbestos jury verdict cases that have been reduced to account for medical insurance benefits the victim or their loved ones received.
There are many types of asbestos litigation dockets throughout the country, each with its 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 overseen by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -the judge - Justice Richard T. Aulisi and is governed by an asbestos-specific case management order.