Asbestos Litigation Group
If you're involved in asbestos litigation or another hazardous tort, you'll need a company that can provide an extensive assistance. This includes electronic discovery management, high-tech deposition services; as well as a comprehensive solution for managing large amounts of case information.
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
Anna Pirskowski filed the first asbestos lawsuit in 1929 at Newark federal court. The case was dismissed, but it marked the beginning of a decade-long campaign by asbestos companies to pay victims for exposure.
In the 1960s, health researchers began to realize that a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried hard to keep the findings quiet however, articles about this research began to surface. Unions representing workers, along with other groups, demanded asbestos manufacturers inform the public about the dangers.
During this time, numerous asbestos producers were found guilty of negligence and were required to pay compensation to victims. This was made possible by laws that require anyone who creates an unsafe product to provide notice to consumers to protect themselves.
In the 1980s, pattern of asbestos litigation shifted. Attorneys began representing asbestos-exposure workers at other places of work instead of focusing exclusively on asbestos miners or asbestos manufacturers. Railroads, refineries, shipyards and shipyards were among the industries that were affected. These claims typically became large class actions.
One of the major issues with this type of litigation was that a lot of plaintiffs' lawyers were tasked with too many tasks. They specialized in contacting clients, aggregating them and filing lawsuits in large quantities. They wanted to take over the judicial system and the defendants with these mass filings.
Many of the plaintiffs' firms were more focused on making profits than looking after their injured clients. Some firms screened their clients with mobile vans that emitted images, and denied compensation when serious illnesses like mesothelioma emerged.
Kazan Law specializes in representing clients diagnosed with asbestos-related illnesses including mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in Asbestos Litigation." They participate in regular meetings of the national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, 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 in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large number of asbestos-related injuries. These types of asbestos lawsuits allow victims to receive compensation without having to file individual claims against multiple defendants, which can be costly and time-consuming.
Asbestos class action lawsuits can be an efficient method of obtaining victims the compensation they need. In a class-action lawsuit, one plaintiff is chosen to represent the entire group. Norman asbestos lawyers and their mesothelioma lawyers are able to focus on building a strong case to achieve the best outcome for the victim and family.
Class actions are common in a variety of areas across the country with an abundance of asbestos exposure. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases in one trial, so that each case could be dealt with efficiently instead of having to go through multiple individual trials.
It is crucial to remember that class actions might not be in the best interests of victims. The main problem with mesothelioma class action settlements is that they often fail to provide victims with as much compensation as they would in the event of filing their own lawsuit against the companies accountable for their asbestos exposure.
The mesothelioma lawyers of Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos litigation. For more than 20 years, we have been committed to providing comprehensive legal assistance to patients as well as their families. Our lawyers are knowledgeable about the ways and disadvantages of filing mesothelioma lawsuits state courts, as well as federal courts.
While the majority of our clients live in and around New York, we regularly represent victims across the United States. If you reside in California or Florida we can help you receive the money you are entitled to from mesothelioma lawsuits against negligent asbestos producers. Contact us now for a no-cost consultation. We are eager to discuss your case with you and go over with you the options that are available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies, they reserve funds to compensate victims of mesothelioma and other asbestos-related illnesses. Instead of suing a business or a person, victims can submit a trust fund claim. The trusts are designed to ensure that there is enough money to pay for all claims that are valid.
To submit a claim to an asbestos trust you must satisfy eligibility requirements. You must have worked for the company that created the trust and be diagnosed with an asbestos-related disease to qualify. You must also submit evidence of exposure, which includes employment documents, affidavits of people who worked with you, and in some cases the report of pathology or X-rays. If you are filing on behalf a deceased individual, you will need to provide a death certificate.
In addition, each asbestos trust has its own rules for how to review an application. Some trusts use a two-step process called expedited review, while others employ an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the most effective method for processing claims.
Asbestos trusts have to pay claimants suffering from similar diseases equitably. To do this, they set 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 divulge details about trust claims during the litigation discovery phase.
While certain states have passed legislation to prevent the sharing of this information, a lot of courts have allowed it to happen. However, the U.S. Department of Justice has been calling for more accountability in asbestos trusts, citing that they lack safeguards to prevent fraud and sloppy management.
The American Association for Justice offers assistance and resources to asbestos lawyers. Members can join 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 lawyers of the group concentrate on cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can help victims recover compensation for their losses. These include medical expenses, income loss, home care expenses emotional suffering, distress and loss of quality of life. Asbestos victims can also seek damages for punitive harm from negligent companies that put profits over worker safety.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. Each case should be evaluated by an experienced New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
It's not easy to diagnose and treat mesothelioma as well as other asbestos-related illnesses. It is crucial that the victims have an experienced legal team who can identify the sources of asbestos exposure and anticipate the defenses from the parties responsible.
In the process of a mesothelioma suit the legal team of the victim will be gathering evidence and analyzing the asbestos exposure of the victim in order to establish that defendants' actions caused the asbestos-related illness. They may interview current and former employees who worked at the places where the victim was exposed. They can also look over financial documents and factory records that show the defendants knew about the dangers of asbestos and failed to protect their employees.
While there are no public statistics about asbestos verdicts or cases in Connecticut however, data from across the country shows that most asbestos cases end up in court before trial. The majority of asbestos cases that go to trial end with a victory for the plaintiff. However, there have been several asbestos jury award cases which were reduced to account for the medical insurance benefits that victims or their loved ones received.
There are many types of asbestos litigation dockets in the nation, each with distinct rules and procedures. In upstate New York the 5th Judicial District that comprises Onondaga and Oswego and Herkimer and Jefferson, has an asbestos docket overseen by Justice Charles C. Merrell. The 4th District, on the other side 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.