Asbestos Litigation Group
If you're working on asbestos litigation or another hazardous tort, you'll need a company that can provide comprehensive assistance. This includes electronic discovery management, high-tech depositions and a complete solution for managing large volumes of information.
This group is open to Regular Life, Sustaining, and President's Club AAJ members. The group meets at both the AAJ Annual Convention as well as the Winter Convention.
Asbestos Litigation History
Anna Pirskowski filed the first asbestos lawsuit in 1929 in Newark federal court. The case was unsuccessful but it marked the beginning of a decade-long campaign by asbestos companies to compensate victims for exposure.
In the 1960s, health scientists began to recognize a connection existed between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed, but news articles about the research began to spread. Unions representing workers, along with other groups, demanded that asbestos producers inform the public about the dangers of asbestos.
During this time, many asbestos manufacturers were found to be negligent and required to pay compensation to victims. This was due to laws that require anyone who makes a dangerous product, to inform consumers to protect themselves.
In the 1980s, the pattern of asbestos litigation shifted. Attorneys began representing asbestos-exposure workers in other industries instead of focusing only on asbestos miners and manufacturers. This included shipyards, refineries railways, power plants and shipyards. These claims often led to class actions of a large size.
This pattern of litigation had many issues as well as the fact that the attorneys of plaintiffs had to do a lot of work. They specialized in soliciting clients, combining them and filing lawsuits in large quantities. They wanted to overwhelm the judicial system and defendants with these mass filings.
Many plaintiffs' law firms 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 if serious illnesses were discovered like mesothelioma.
The attorneys at Kazan Law specialize in representing people who have been 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 and Winter Convention, and take part in regular meetings with the national Asbestos Trial Attorneys Association. This broad involvement in asbestos litigation gives our firm a unique advantage. We can offer our clients the most effective representation possible in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large group of asbestos-related injuries. These asbestos lawsuits allow victims to receive compensation, without having to make individual claims. This is time-consuming and expensive.
Asbestos class action lawsuits can be an efficient method of obtaining victims the compensation they need. In an action that is a group, one plaintiff is appointed to represent the group as a whole. The plaintiff and their mesothelioma lawyers concentrate on constructing solid cases to achieve the best possible outcome for the victim and their family.
There are many regions in the United States in which asbestos exposure is high. Class actions are common. 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 settled quickly, rather than having to undergo multiple individual trials.
It is crucial to remember that class actions might not be in the best interest of the victims. The most significant issue with mesothelioma settlements is that victims aren't compensated as well as they would be when they filed their own lawsuit against asbestos companies.
Levy Konigsberg LLP has a team of mesothelioma attorneys who are experienced in representing asbestos victims in class actions and other forms of litigation. Since more than 20 years, we've been committed to providing comprehensive legal assistance to patients and their families. Our lawyers know how to file mesothelioma lawsuits in both state and federal courts.
While the majority of our clients reside in and around New York, we regularly represent victims throughout the United States. No matter if you are in California or Florida we can assist you get the compensation you deserve as a result of a mesothelioma lawsuit against negligent asbestos manufacturers. Contact us today for a no-cost consultation. We are available to discuss your situation and present the options to you.
Asbestos Bankruptcy Trusts
In the asbestos bankruptcy process companies set aside money to compensate patients suffering from mesothelioma and various asbestos-related illnesses. Instead of suing the company, victims file trust fund claims. The trusts are designed to guarantee that there is enough money to pay all valid claims.
You must meet certain eligibility requirements in order to submit a claim. To be eligible you must have worked at a company for which the trust was created and be diagnosed with an asbestos-related disease. You must also show proof of exposure, which includes employment documents, affidavits from employees who worked for you and, in some cases the report of pathology or X-rays. If you are filing on behalf of the deceased person you must provide a death certificate.
Additionally, each asbestos trust has its own criteria for evaluating the claim. Some trusts use a two-step speedy review procedure, while others use an individual review process. Lawyers who specialize in asbestos litigation can help you in determining the best method to process claims.
Asbestos trusts have to compensate claimants suffering from similar diseases equally. To achieve this, they have established levels of disease that range from mesothelioma with no significant respiratory function to pleural disorders.
People frequently have to file lawsuits and trust funds against multiple asbestos companies that are accountable for their exposure. Depending on state law the companies are required to disclose information regarding trust claims during the discovery phase of the lawsuit.
While some states have passed legislation to prevent the sharing of this information, most courts have allowed this to happen. However the U.S. Department of Justice has been urging for greater accountability in asbestos trusts, citing that they lack security measures to stop fraud and mismanagement.
The American Association for Justice offers resources and support to asbestos lawyers. Members can connect through a list server for plaintiffs only, 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 in the group are primarily involved in cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could aid victims in receiving compensation for their losses. These include medical expenses, loss of income as well as home care expenses, emotional distress, pain and suffering and loss of quality of life. Asbestos victims can also seek punitive damages from negligent companies that put profits over worker safety.
The amount of a settlement or award depends on the specific losses experienced by the victim. Each case is assessed by a knowledgeable New York mesothelioma attorney who will ensure victims receive maximum compensation.
Scottsdale asbestos lawsuit and other asbestos-related illnesses are not easy to detect or treat. It is crucial that the victims have a knowledgeable legal team who can identify the sources of asbestos exposure and anticipate the defenses of the liable parties.
In the process of a mesothelioma suit, the victim's legal team spends time collecting evidence and analyzing the victim's exposure to asbestos to establish that the defendants' actions led to the asbestos-related disease. They might interview current and former employees who worked at the job sites where their client was exposed. They can also look over documents from the factory or financial documents that show that the defendants were aware of the dangers that asbestos poses and did not take precautions to protect their employees.
There aren't any public data in Connecticut which provide information on asbestos cases and verdicts, nationwide data indicates that most asbestos cases settle before trial. The majority of cases that reach trial result in a victory for the plaintiff, though there have been a few asbestos jury verdicts which were reduced to account for medical insurance benefits that the victim or their loved loved ones received.
There are a variety of kinds of asbestos litigation dockets in the country, each with distinct rules and procedures. In the upstate region of New York the 5th Judicial District that includes Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket overseen by Justice Charles C. Merrell. The 4th District, on the other the other hand, has a judge dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under a case management order that is asbestos-specific.