Asbestos Litigation Group
You need a firm who can offer a comprehensive service regardless of whether you are working on asbestos litigation or another toxic tort case. This includes electronic discovery management; high-tech deposition services; as well as a comprehensive solution for managing large volumes of case data.
This group is open to Regular Life, Sustaining, Life 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 not successful, however it was the beginning of a decade-long effort by asbestos firms to compensate victims for their exposure.
In the 1960s, health experts began to recognize there was a link between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried to keep the findings quiet however, articles about this research began to circulate. Unions of workers, among other groups, demanded that asbestos manufacturers inform people about the dangers.
In the course of this time, a number of asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible by the laws that require anyone who creates an unsafe product to provide information to consumers so that they can protect themselves.
In the 1980s, the pattern of asbestos litigation had changed. Attorneys began representing asbestos-exposed workers in other industries instead of focusing only on asbestos miners and manufacturers. Railroads, refineries, shipyards and shipyards were among the places of work that were affected. These claims usually resulted in large class actions.
This type of litigation was prone to several issues as well as the fact that the attorneys of plaintiffs were tasked with a lot of work. They were specialized in contacting clients, combining them and filing lawsuits in large quantities. They hoped to overwhelm the judiciary and defendants with these mass filings.
Many law firms for plaintiffs focused on making money instead of taking care of their injured clients. Some even screened their clients with mobile x-ray vans. They denied them compensation when serious illnesses arose like mesothelioma.
The attorneys at Kazan Law specialize in representing those suffering from asbestos-related diseases such as 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) plaintiff-only list server, and attend AAJ's Annual and Winter Conventions. The extensive 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 lawsuits are filed on behalf of a variety of people who have suffered similar asbestos injuries. These asbestos lawsuits permit victims to be compensated without having to make individual claims. This is time-consuming and expensive.
Asbestos class actions can be an effective method of obtaining the compensation that victims require. In a class action, one plaintiff is appointed to represent the entire group. The plaintiff and their mesothelioma lawyers focus on building strong cases to achieve the best possible outcome for the victim and their family.
Class actions are common in a variety of areas across the country with an elevated level of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases into one trial, so that each case could be dealt with efficiently instead of having to go through a series of trials.
However it's important to keep in mind that class actions are not always in the best interests of the victims. The biggest issue with mesothelioma settlements lies in the fact that victims aren't compensated as well as they would be when they filed their own lawsuit against the asbestos companies.
Levy Konigsberg LLP has a team of mesothelioma attorneys who are skilled in representing asbestos victims in class actions and other types litigation. Since over 20 years, we have been committed to providing comprehensive legal assistance to patients as well as their families. Our attorneys know how to file mesothelioma lawsuits in both state and federal courts.
We represent victims across the United States, even though the majority of them reside in or around New York. If you reside in California or Florida we can assist you receive the money you deserve as a result of mesothelioma lawsuits against negligent asbestos producers. Contact us now for a no-cost consultation. We're available to discuss your case and present the options to you.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies, they reserve funds to compensate victims of mesothelioma, or other asbestos-related diseases. Instead of suing the company, victims file trust fund claims. Trusts guarantee that there is enough money to cover all legitimate claims.
You must meet certain eligibility requirements to submit an application. You must have worked for the company that set up the trust and be diagnosed with an asbestos-related illness to be eligible. You should also be able to prove that you were exposed to asbestos, including employment records, affidavits from those who worked with you and, in some instances, pathology reports or radiographs. If you're filing on behalf someone who died you must submit the death certificate.
Each asbestos trust also has its own set of rules to determine how to evaluate a claim. Some trusts use a two-step speedy review process, whereas others use an individual review system. Lawyers who specialize on asbestos litigation can help in determining the best method to process claims.
Asbestos trusts are required to pay claimants suffering from similar diseases fairly. To achieve this, they established disease levels that range from mesothelioma without significant respiratory function to pleural disorders.
People often make trust funds and lawsuits against multiple asbestos companies who are accountable for their exposure. According to state law, companies may be required to provide information regarding trust claims during the litigation discovery phase.
While some states have passed laws to stop the sharing of this information, most courts have allowed this to happen. The U.S. Department of Justice however, has pushed for greater accountability of asbestos trusts. They cite that they lack safeguards against fraudulent claims and mismanagement.
The American Association for Justice offers assistance and resources for asbestos lawyers. Members can network through a plaintiffs-only list server and also 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 an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may aid victims in receiving compensation for their losses. These include medical expenses, income loss and home care costs emotional distress, pain and suffering and loss of quality of life. Asbestos victims can also seek punitive damages from negligent companies that put profits ahead of worker safety.
The amount of an award or settlement will depend on the individual losses of the victim. Each case should be 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 illnesses. It is essential that patients have a skilled legal team who can identify the sources of asbestos exposure and anticipate defenses from the responsible parties.
In Gastonia asbestos lawyers of a mesothelioma suit the victim's legal team will be gathering evidence and analyzing the asbestos exposure of the victim in order to establish that the defendants' actions led to the asbestos-related disease. They may interview current and former employees who worked at the places where the victim was exposed. They can also review factory records and company financial documents to prove that the defendants were aware of the dangers associated with asbestos and did not protect their workers.
There aren't any public statistics in Connecticut that give information on asbestos cases and verdicts, nationwide research indicates that the majority of asbestos cases settle prior to trial. The majority of those that go to trial result in an outcome for the plaintiff, though there have been several asbestos jury verdict cases that were reduced to reflect medical insurance benefits that the victim or their loved loved ones received.
There are a variety of asbestos litigation dockets in the United States, each with its specific rules and procedures. In the upper reaches of New York, the 5th Judicial District (which includes Onondaga, Oswego, Herkimer and Jefferson) has an asbestos-specific docket managed 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.