Asbestos Litigation Group
You require a company that can provide comprehensive support regardless of whether you are working on asbestos litigation, or another toxic tort case. This includes electronic discovery management, high-tech depositions, and a comprehensive solution to manage massive amounts of 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
The first asbestos lawsuit in the United States was filed by Anna Pirskowski 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 victims for their exposure.
In the 1960s, health experts began to realize that a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry attempted to keep these findings quiet but news reports about the research started to surface. Unions representing workers, along with other groups, demanded asbestos manufacturers warn the public about the dangers of asbestos.
During this time, numerous asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible through laws which require anyone who makes a hazardous product to provide the consumer a warning to protect themselves.
In the 1980s, pattern of asbestos litigation had changed. Instead of focusing on miners and asbestos manufacturers, lawyers represented those exposed to asbestos in other work environments. asbestos litigation group , refineries, shipyards and shipyards were among the workplaces that were affected. These claims typically became large class actions.
This type of litigation was prone to several issues, including the fact that plaintiffs' attorneys took on far too much work. They specialized in soliciting clients, combining them and filing lawsuits in bulk. These mass filings were intended to overwhelm the court system and the defendants.
Many law firms for plaintiffs focused on generating profits instead of focusing on their injured clients. Some firms screened their clients with mobile vans that emit images, and denied compensation for serious illnesses such as mesothelioma emerged.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases, including mesothelioma. They have been ranked by U.S. News & World Report as "Best Lawyers in Asbestos Litigation." They participate in regular meetings of national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend the AAJ's Annual and Winter Conventions. This broad involvement in asbestos litigation gives our firm a unique advantage. We can offer our clients the most effective representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large group of people with similar asbestos injuries. These kinds of asbestos lawsuits enable victims to receive compensation without the need to make individual claims against a number of defendants which can be costly and time-consuming.
Asbestos class actions can be an effective method of obtaining the compensation victims need. In a class action lawsuit, one plaintiff is chosen to represent the whole group. The plaintiff and their mesothelioma lawyers concentrate on constructing strong cases to obtain the best outcome for the victim and their family.
Class actions can be found in various areas of the country with an abundance 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 settled quickly, rather than going through multiple individual trials.
However it is important to keep in mind that class actions aren't always in the best interests of victims. The main issue with mesothelioma settlements is that they tend not to give victims as much compensation as they would if they had filed an individual lawsuit against the company responsible for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys that are skilled in representing asbestos victims in class actions and other types of litigation. For more than two decades, we have been devoted to providing families of patients with comprehensive legal support. Our lawyers know the details of bringing mesothelioma-related lawsuits in state courts as well as federal courts.
We represent victims across the United States, even though the majority of them live in or around New York. If you reside in California or Florida we can help you receive the compensation you deserve as a result of mesothelioma lawsuits against negligent asbestos manufacturers. Contact us today for an initial consultation for no cost. We're available to discuss your case and present the options to you.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy procedure, companies set aside money to compensate patients suffering from mesothelioma and various asbestos-related diseases. In lieu of suing a company the victims can submit a trust fund claim. The trusts are designed to guarantee that there is enough money to pay for all claims that are valid.
You must meet certain eligibility requirements to submit an application. To be eligible, you must have worked for a company where the trust was established and be diagnosed with an asbestos-related illness. You must also provide proof of exposure, which includes employment documents, affidavits from employees who worked with you and, in some cases, pathology reports or X-rays. If you are filing on behalf of the deceased person you must provide a death certification.
Each asbestos trust has its own set of criteria to determine how to evaluate the merits of a claim. Some utilize a two-step expedited review process, while others rely on an individual review system. Lawyers who specialize in asbestos litigation can help you in determining the best method to process claims.
Asbestos trusts have to compensate claimants with similar diseases equally. To determine this, they have established disease levels, which vary from mesothelioma through the pleural disease, without significantly limiting pulmonary function.
Many people file lawsuits and trust funds against a variety of asbestos companies that are responsible for their exposure. Under the law of the state, companies could be required to divulge details about trust claims during the discovery phase.
While certain states have passed legislation to prevent the sharing of this information, a lot of courts have allowed this to occur. The U.S. Department of Justice however, has called for increased accountability of asbestos trusts. They claim that they lack safeguards against fraudulent claims and improper management.
The American Association for Justice offers assistance and resources 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 in the group primarily handle cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may aid victims in receiving compensation for their losses. Medical bills, lost income expenses for home care, emotional distress and pain and suffering are all included. Asbestos victims might also be able seek punitive damages against negligent businesses who put profits before worker safety.
The amount of an award or settlement will depend on the victim's unique losses. It is crucial that each case be evaluated by a skilled New York mesothelioma lawyer who will ensure that the victims receive maximum compensation.
Mesothelioma and other asbestos-related diseases are not easy to detect or treat. It is important that victims have a knowledgeable legal team who can identify the sources of exposure to asbestos and anticipate defenses from the parties responsible.
During the mesothelioma legal process, the victim's legal team will be able to gather evidence and analyzing their exposure to asbestos to demonstrate that the asbestos-related disease was the result of defendants actions. They can interview current and former employees who worked at the work places where their client was exposed. They may also examine documents from the factory or financial records that prove that the defendants were aware of the dangers associated with asbestos and did not protect their workers.
Although there aren't any official statistics regarding asbestos cases or verdicts in Connecticut however, data from across the country shows that most asbestos cases end up in court before trial. Most cases that go to trial end up being winning for the plaintiff, though there have been asbestos jury verdict cases that have been reduced to account for medical insurance benefits that the victim or loved loved ones received.
There are also many different kinds of asbestos litigation dockets across 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 --- Justice Richard T. Aulisi and operates under an asbestos-specific case management order.