Asbestos Litigation Group
You need a firm who can provide a full range of support regardless of whether you are working on asbestos litigation, or another toxic tort case. This includes electronic discovery management, high-tech deposition services; and an extensive solution for managing large amounts 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. The group meets at both the AAJ Annual Convention as well as the 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, but it marked a decade-long effort by asbestos companies to pay victims for their exposure.
In the 1960s, health scientists began to see that a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry attempted to keep these findings quiet however, news articles about the research began to circulate. Unions representing workers, along with other groups, demanded that asbestos manufacturers inform the public about the dangers.
In the course of this time asbestos manufacturers were found to be negligent and ordered to compensate victims. This was due to laws that require anyone creating a dangerous product, to inform consumers to protect themselves.
By the 1980s, the pattern of asbestos litigation changed. Attorneys began representing asbestos-exposed workers in other workplaces instead of focusing only on asbestos miners and manufacturers. These included refineries, shipyards railways, power plants, and power stations. These claims often became large class actions.
This kind of litigation had many issues and issues, among them the fact that plaintiffs' lawyers had to do a lot of work. They specialized in contacting clients, aggregating them and filing lawsuits in bulk. They wanted to overtake the judiciary and defendants with these mass filings.
Many firms representing plaintiffs were more focused on making profits than looking after their injured clientele. Some even screened their clients with mobile x-ray vans, and refused them compensation if serious illnesses were discovered like mesothelioma.
The lawyers at Kazan Law specialize in representing those suffering from asbestos-related diseases such as mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They are involved in regular meetings of national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend AAJ's Annual and Winter Conventions. Lexington asbestos lawsuit in asbestos litigation provides our firm with a distinct edge. We are able to provide 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 number of people with similar asbestos injuries. These types of asbestos lawsuits permit victims to receive compensation without the need to bring individual claims against several defendants which can be expensive and time-consuming.
Asbestos class action lawsuits are a quicker way to get the compensation that victims require. In a class-action lawsuit, one plaintiff is chosen to represent the whole group. The plaintiffs and their mesothelioma attorneys will focus on constructing a solid arguments to get the best possible outcome for the family of the victim.
Class actions are common in a variety of areas across 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 case, ensuring that each claim could be settled efficiently rather than going through multiple individual trials.
However, it's important to remember that class actions are not always in the best interest of victims. The primary issue with mesothelioma class action settlements is that they tend not to provide victims with the same compensation as they would in the event of filing their own individual lawsuit against the company responsible for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys who have years of experience representing asbestos victims in class actions and other types of litigation. For more than 20 years, we have been committed to providing comprehensive legal support to patients and their families. Our lawyers are able to file mesothelioma cases both state and 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 help you receive the money you deserve from mesothelioma lawsuits against negligent asbestos producers. Call us now for a no-obligation consultation. We're eager to discuss your case with you and discuss with you the options available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos-related companies, they set aside funds to compensate victims of mesothelioma, or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients file trust fund claims. Trusts guarantee that there is enough money to cover all legitimate claims.
You must meet certain eligibility requirements to make an application. You must have worked for the company that established the trust and be diagnosed with an asbestos-related disease to qualify. You must also provide proof of exposure, such as employment documents, affidavits from employees who worked with you and in certain cases the report of pathology or X-rays. If you're filing on behalf someone who has passed away, you must provide the death certificate.
Each asbestos trust has its own criteria to determine how to evaluate the merits of a claim. Some trusts use a two-step process called expedited review, while others employ an individual review process. Lawyers who specialize on asbestos litigation can assist you in determining the most efficient way to handle claims.
Asbestos trusts are required by law to equitably compensate claimants who have similar illnesses. To determine this, they must have established disease levels, which vary from mesothelioma to the pleural disease, without significantly limiting pulmonary function.
It is typical for people to file trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. According to the laws of each state, these companies must disclose details about trust claims during the discovery phase of the lawsuit.
While certain states have passed laws that prohibit sharing, many courts have allowed sharing. However, the U.S. Department of Justice has been urging for greater accountability in asbestos trusts, because they lack security measures to stop fraud and sloppy management.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can network through a plaintiffs-only list server, and attend meetings during the AAJ's winter and annual conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining and President's club AAJ members. The lawyers of the group concentrate on cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can allow victims to recover compensation for their losses. This includes medical expenses, income loss as well as home care expenses emotional stress, pain and suffering and loss of quality of life. Asbestos victims may also seek punitive damages from negligent companies that put profits before worker safety.
The amount of an award or settlement depends on the victim's unique losses. Each case is assessed by a knowledgeable New York mesothelioma attorney who will ensure that victims receive the maximum compensation.
It's not easy to diagnose and treat mesothelioma as well as other asbestos-related diseases. This is why it is critical that victims have a legal team that is aware of the most appropriate sources of exposure and anticipate defenses from the accountable parties.
During the mesothelioma litigation process, the lawyer representing the victim will be able to gather evidence and analyzing their exposure to asbestos to establish that the asbestos-related illness was caused by the defendants' actions. They may interview employees, both former and current, who worked at the work locations where the client was exposed. They may also examine the records of the factory and financial documents that show that the defendants were aware of the risks associated with asbestos and did not protect their workers.
Although there aren't any public statistics that provide information about asbestos verdicts or cases in Connecticut, national data shows that the majority of asbestos cases settle before trial. Most asbestos cases that reach trial result in a win for the plaintiff. However there have been several asbestos jury award cases that were reduced to take into account the medical insurance benefits victims or their loved family members received.
There are a variety of asbestos litigation dockets throughout the United States, each with their own rules and procedures. In upstate New York the 5th Judicial District that includes Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket supervised by Justice Charles C. Merrell. The 4th District, on the other hand has a judge who is committed to asbestos cases, Justice Richard T. Aulisi and is governed by a case management order that is specifically geared towards asbestos.