Asbestos Litigation Group
Whether you're working on asbestos litigation or another toxic tort matter, you need an organization that can provide comprehensive support. This includes providing electronic discovery management, high-tech deposition services; as well as an extensive solution for managing large amounts of case information.
The group is open to members of all AAJ members which includes Regular, Life, Sustaining, and President's club 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 the beginning of a decade-long campaign by asbestos firms to compensate victims for their exposure.
In the 1960s, health scientists began to realize that a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed however, news articles about the research began to spread. Workers' unions, among other groups, demanded that asbestos producers inform the public about the dangers of asbestos.
In this time, asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible through laws that require anyone who creates a dangerous product to give the consumer a warning to protect themselves.
By the 1980s, the pattern of asbestos litigation had changed. Attorneys began representing asbestos-exposure workers in other workplaces instead of focusing only on asbestos miners and manufacturers. These included refineries, shipyards railways, power plants and shipyards. These claims usually resulted in large class actions.
One of the biggest issues with this type of litigation was that many plaintiffs' lawyers took on too much work. They were experts in soliciting and coordinating clients to file lawsuits in huge quantities. They were hoping to take over the judicial system and defendants with these mass filings.
Many law firms representing plaintiffs focused on generating profits instead of focusing on their injured clients. Some firms screened their clients using mobile vans that emit radiographs, and refused compensation if serious illnesses like mesothelioma developed.
Kazan Law's attorneys Kazan Law specialize in representing individuals diagnosed with asbestos-related diseases, including mesothelioma. They were named 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 gives our firm an unique advantage. We can provide our clients with the most effective representation in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large number of asbestos-related injuries. These kinds of asbestos lawsuits enable victims to receive compensation without having to file individual claims against multiple defendants which can be costly and time-consuming.
Asbestos class action lawsuits are a quicker way to get the compensation that victims need. In a class action lawsuit, one plaintiff is chosen to represent the whole group. The plaintiffs and their mesothelioma lawyers will focus on constructing a strong arguments to obtain the best possible outcome for the victim and family.
There are many regions in the United States where asbestos exposure is high. Class actions are common. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases into one trial, ensuring that each case could be dealt with efficiently instead of going through multiple individual trials.
It's important to remember that class actions might not be in the best interest of victims. The biggest issue with mesothelioma settlements is that the victims are not compensated as fully as they would be in the event of filing their own lawsuit against the asbestos companies.
Levy Konigsberg LLP has a team of mesothelioma attorneys that have years of experience representing asbestos victims in class actions and other types of litigation. Since over 20 years, we have been devoted to providing complete legal support to patients and their families. Our lawyers know how to file mesothelioma cases both state and federal courts.
We represent victims all over 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 a mesothelioma lawsuit against negligent asbestos producers. Call us now for a no-obligation consultation. We're more than happy to discuss your case with you and discuss with you the options available.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process companies set aside money to compensate those suffering from mesothelioma or other asbestos-related diseases. Instead of suing a company, victims can make an appeal to the trust fund. The trusts are created to ensure that there is enough money to pay all valid claims.
To submit a claim to an asbestos trust you must satisfy the eligibility requirements. To qualify, you must have worked at a company for which the trust was established and be diagnosed with an asbestos-related disease. You must also submit evidence of exposure, including employment documents, affidavits from employees who worked with you and in some cases the report of pathology or X-rays. If you are filing on behalf of someone who has passed away, you will need to provide a death certification.
In addition each asbestos trust has its own rules for how to evaluate an application. Some have a two-step process called expedited review, while others use an individual review process. Lawyers with a specialization in asbestos litigation can assist you in determining the most efficient way to handle claims.
Asbestos trusts have to pay claimants suffering from similar diseases equally. To do this, they established levels of disease that range from mesothelioma that has no significant lung function to pleural diseases.
It is typical for people to file trust funds and lawsuits against multiple asbestos companies responsible for their exposure. In accordance with the law of the state, companies could be required to divulge details about trust claims during the litigation discovery phase.
While some states have passed laws to prevent sharing, many courts have permitted sharing. The U.S. Department of Justice, however, has called for greater accountability of asbestos trusts. They cite that they aren't protected against fraudulent claims and poor management.
The American Association for Justice provides resources and support for asbestos lawyers. Members can join an exclusive list server for plaintiffs and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining, and President's Club AAJ members. The lawyers of the group are primarily involved in cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can aid victims in recovering compensation for their losses. This includes medical expenses, income loss, home care expenses, emotional distress, pain and suffering and loss of quality of life. Asbestos victims might also be able to pursue damages for punitive harm against companies who place profits over worker safety.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. It is essential that every case be evaluated by an experienced New York mesothelioma lawyer who will ensure that victims get the most compensation.
Mesothelioma and other asbestos-related diseases are not easy to detect or treat. This is why it is essential that victims have a legal team that is aware of the most appropriate sources of exposure and can anticipate defenses from the responsible parties.
During the mesothelioma legal process, a victim's legal team will spend time gathering evidence and investigating their exposure to asbestos to establish that the asbestos-related illness was caused by the defendants actions. They may also interview employees, both former and current, who worked at the places where the victim was exposed. They can also review factory records and company financial documents that show that the defendants were aware of the risks associated with asbestos exposure and did not protect their workers.
Although there aren't any official statistics that offer information about asbestos verdicts or cases in Connecticut, national data shows that the majority of asbestos cases settle before trial. The majority of those that go to trial end up being winning for the plaintiff, however there have been asbestos jury verdicts which were reduced to take into account medical insurance benefits that the victim or loved family members received.
There are many kinds of asbestos litigation dockets throughout the country, each having its own specific rules and procedures. In upstate New York the 5th Judicial District, which comprises Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket that is overseen by Justice Charles C. Merrell. The 4th District, on the other hand, has a judge who is committed to asbestos cases, Justice Richard T. Boynton Beach asbestos attorneys and is operating under a case management order that is specific to asbestos.