Asbestos Litigation Group
If you're working on asbestos litigation or another harmful tort, you'll need a firm that can offer complete support. This includes electronic discovery management, high-tech depositions, and a complete solution for managing large volumes of information.
The group is open to everyone AAJ members, including Regular Life, Sustaining and President's club members. It meets at the AAJ Annual and Winter conventions.
Asbestos Litigation History
Anna Pirskowski filed the first asbestos lawsuit in 1929 at Newark federal court. The case was not successful, but it triggered a decade-long effort by asbestos companies to compensate victims for exposure.
In the 1960s health researchers began to discover a link between asbestos and various diseases such as mesothelioma. The asbestos industry tried to keep the findings from being revealed however, news articles about the research began to spread. Workers' unions and other organizations began to demand that asbestos manufacturers be forced to warn the public about the dangers of the deadly mineral.
In the course of 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 a hazardous product to inform consumers so they can be protected.
In the 1980s, pattern of asbestos litigation had changed. Instead of focusing on miners and asbestos manufacturers, attorneys represented victims exposed to asbestos in other workplaces. These included refineries, shipyards railways, power plants and shipyards. These claims were often consolidated into large class actions.
This kind of litigation had many issues as well as the fact that plaintiffs' lawyers took on far too much work. They specialized in soliciting and coordinating clients to file lawsuits in large quantities. These massive filings were designed to overwhelm the court system as well as the defendants.
Many plaintiffs' law firms focused on generating profit instead of focusing on their injured clients. Some even screened clients using mobile x-ray vans and denied them compensation if serious illnesses were discovered like mesothelioma.
Kazan Law specializes in representing clients diagnosed with asbestos-related illnesses, including mesothelioma. They were named as "Best Lawyers for Asbestos Litigation" by U.S. News & World Report. They attend the AAJ's Annual Convention as well as the Winter Convention, and are involved in regular meetings with the national Asbestos Trial Attorneys Association. This broad involvement in asbestos litigation gives our firm an advantage that is unique. We are able to provide 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 asbestos lawsuits permit victims to receive compensation without having to submit individual claims. Milwaukee asbestos lawsuit can be time-consuming and costly.
Asbestos class action lawsuits are an efficient method to obtain the compensation victims need. In an action that is a group, one plaintiff is chosen to represent the entire group. The plaintiffs and their mesothelioma attorneys are able to focus on building a strong case to achieve the best result for the family of the victim.
Class actions can be found in a variety of areas across the country with a high concentration of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma lawsuits into a single instance, so that each claim could be dealt with efficiently rather than going through multiple individual trials.
However, it's important to remember that class actions are not always in the best interests of the victims. The most significant issue with mesothelioma settlements lies in the fact that victims are not compensated as fully as they would in the event of filing their own lawsuit against the asbestos companies.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos litigation. Since over 20 years, we've been committed to providing comprehensive legal assistance to patients as well as their families. Our lawyers know the details of filing mesothelioma lawsuits state courts as well as federal courts.
We represent victims all over the United States, even though the majority of them live in or around New York. We can help you get the compensation you deserve for mesothelioma cases against negligent asbestos manufacturers, regardless of whether you reside in California, Florida or anywhere else. Contact us today for an initial consultation for no cost. We are available to discuss your needs and present the options to you.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies set aside money to compensate victims of mesothelioma, or other asbestos-related diseases. Instead of suing a business the victims can submit an appeal to the trust fund. Trusts guarantee that there is enough funds to cover all legitimate claims.
You must meet certain eligibility requirements in order to file a claim. To be eligible you must have worked for a company where the trust was created and be diagnosed with an asbestos-related disease. You must also submit evidence of exposure, such as employment documents, affidavits from employees who worked with you and in some instances, pathology reports or X-rays. If you are filing on behalf of the deceased person you must submit a death certificate.
In addition each asbestos trust has its own set of criteria 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 on asbestos litigation can help in determining the best method to process claims.
Asbestos trusts are required to compensate claimants suffering from similar diseases fairly. To determine this, they have established disease levels, which range from mesothelioma to the pleural disease, without significantly limiting pulmonary function.
It is normal for people to make trust funds and lawsuits against multiple asbestos companies responsible for their exposure. In accordance with state law, companies may be required to divulge details regarding trust claims during the discovery phase.
While some states have passed laws to stop sharing, many courts have allowed it. However the U.S. Department of Justice has been urging for greater accountability for asbestos trusts, because they lack security measures to stop fraud and mismanagement.
The American Association for Justice provides resources and support for asbestos lawyers. Members can network through a plaintiffs-only list server, and attend meetings at the AAJ's annual and winter conventions. The Asbestos Litigation Group welcomes 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 will help victims recover compensation for their losses. These include medical bills, loss of income and home care costs emotional distress, pain and suffering, and lost quality of life. Asbestos-related victims may also be able seek punitive damages against negligent businesses that put profit over worker safety.
The amount of an award or settlement will depend on the individual losses of the victim. Each case is examined by an experienced New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
Mesothelioma and other asbestos-related diseases are not easy to detect or treat. It is essential that patients have an experienced legal team who can determine the sources of asbestos exposure and anticipate the defenses of the liable parties.
In the process of a mesothelioma suit the legal team of the victim spends time collecting evidence and analyzing the asbestos exposure of the victim to prove that the actions of defendants caused the asbestos-related disease. They may interview employees from the past and present who worked on the job locations where their client was exposed. They can also review the records of the factory and financial documents to prove that the defendants were aware of the dangers associated with asbestos and did not take precautions to protect their employees.
While there are no public statistics that offer information on asbestos cases or verdicts in Connecticut however, data from across the country shows that the majority of asbestos cases end up in court before trial. The majority of cases that go to trial end up being a victory for the plaintiff, though there have been a few asbestos jury verdict cases which were reduced to account for medical insurance benefits that the victim or their loved family members received.
There are numerous types of asbestos litigation dockets in the United States, each with their specific 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 is governed by an asbestos-specific case management order.