Asbestos Litigation Group
You require a company that can offer a comprehensive service regardless of whether you are involved in asbestos litigation or another toxic tort case. This includes electronic discovery management, high-tech deposition solutions; and a comprehensive solution for managing large amounts of case data.
This group is open to Regular, Life, Sustaining 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 in 1929. The case was unsuccessful however it was the beginning of the beginning of a decade-long campaign by asbestos firms to compensate victims for exposure.
In the 1960s health researchers began to recognize a connection between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep these findings quiet however, news articles about the research began to spread. Unions for workers and other groups started demanding that asbestos manufacturers be forced to warn the public about the dangers posed by the deadly mineral.
During this period asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was made possible by the laws that require anyone who develops an unsafe product to provide the consumer a warning to protect themselves.
In the 1980s, the pattern of asbestos litigation shifted. Instead of focusing on asbestos miners and manufacturers, attorneys represented victims exposed to asbestos in other work environments. Railroads, refineries, and shipyards were among the industries that were affected. These claims usually resulted in large class actions.
Skokie asbestos lawsuit of litigation was prone to many issues, including the fact that the attorneys of plaintiffs were tasked with a lot of work. They were experts in soliciting and coordinating clients to file lawsuits in large quantities. They were hoping to overtake the judiciary and defendants with these massive filings.
Many firms representing plaintiffs were more focused on generating profits than caring for their injured clientele. Some firms screened their clients with mobile vans that released x-rays, and denied compensation if serious illnesses such as mesothelioma developed.
The lawyers at Kazan Law specialize in representing people who have been diagnosed with asbestos-related illnesses which include 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) list server for plaintiffs only and attend the AAJ's Annual and Winter Conventions. This extensive involvement in asbestos litigation gives our firm a unique advantage. We can provide our clients with the best possible representation in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large group of people who have similar asbestos injuries. These asbestos lawsuits permit victims to receive compensation, without having to file individual claims. This is time-consuming and expensive.
Asbestos class action lawsuits are also an effective method of getting victims the compensation they deserve. In a class-action lawsuit a plaintiff is chosen to represent the entire group. The plaintiffs and their mesothelioma lawyers are able to focus on building a strong case to achieve the best possible outcome for the family and victim.
There are a variety of regions in the United States where 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 cases into a single instance, so that each claim could be dealt with quickly, rather than having to go through several individual trials.
However, it's important to remember that class actions are not always in the best interests of victims. The main issue with mesothelioma settlements is that they often fail to give victims as much compensation as they would if they had filed their own individual lawsuit against the company responsible for their asbestos exposure.
The mesothelioma lawyers at 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 devoted to providing complete legal assistance to patients as well as their families. Our lawyers are able to file mesothelioma lawsuits in federal and state courts.
While the majority of our clients live in and around New York, we regularly represent victims throughout the United States. We can help you receive the compensation you deserve for mesothelioma lawsuits against negligent asbestos manufacturers, regardless of whether you live in California, Florida or anywhere else. Contact us today to schedule a free consultation. We're more than happy to discuss your case with you and go over with you the options available.
Asbestos Bankruptcy Trusts
In the bankruptcy process, asbestos companies set aside money for compensation to victims with mesothelioma, or other asbestos-related diseases. Instead of suing a business the victims can make a trust fund claim. The trusts are created to ensure that there is enough money to cover all legitimate claims.
To file a claim with an asbestos trust, you must meet the eligibility requirements. To qualify you must have been employed in a place where the trust was established and have been diagnosed with an asbestos-related disease. You must also provide proof that you were exposed to asbestos, including employment records, affidavits of people who worked with your and, in some instances, pathology reports or radiographs. If you are filing on behalf of the deceased person you must submit a death certificate.
Each asbestos trust has its own set of rules to determine the best way to assess the merits of a claim. Some have a two-step process called expedited review, while others employ an individual review system. Lawyers who specialize in asbestos litigation will assist you in determining the best method for processing your claim.
Asbestos trusts are required by law to fairly compensate claimants with similar diseases. To achieve this, they have established disease levels that range from mesothelioma without significant respiratory function to pleural disorders.
It is normal for people to make trust funds and lawsuits against several asbestos companies accountable for their exposure. Depending on state law they must provide details about trust claims during the discovery phase of the lawsuit.
While some states have passed laws to prevent sharing, many courts have permitted the sharing. However the U.S. Department of Justice has been urging for greater accountability for asbestos trusts, because they lack safeguards to prevent fraud and mismanagement.
The American Association for Justice provides support and resources for asbestos lawyers. Members can connect on 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 group's attorneys primarily handle cases involving asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can help victims recover compensation for their losses. Medical expenses, lost income, emotional distress, home-care costs and suffering are all included. Asbestos-related victims can also seek damages for punitive harm from negligent companies who put profits over worker safety.
The amount of an award or settlement depends on the victim's unique losses. Each case should be examined by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.
It's not easy to identify and treat mesothelioma as well as other asbestos-related illnesses. This is why it is essential that patients have an attorney on their side who knows how to find the sources of exposure and anticipate the defenses of liable parties.
During the mesothelioma lawsuit process the victim's legal team will be gathering evidence and analyzing the asbestos exposure of the victim in order to establish that defendants' actions caused the asbestos-related disease. They may interview current and former employees who worked at the work locations where the client was exposed. They may also examine financial documents and factory records that reveal that the defendants were aware about the dangers of asbestos and failed to protect their workers.
While there are no public statistics that offer information about asbestos verdicts or cases in Connecticut, national data shows that the majority of asbestos cases end up in court before trial. The majority of cases that go to trial result in an outcome for the plaintiff, though there have been several asbestos jury verdicts that were reduced to take into account medical insurance benefits that the victim or loved ones received.
There are also many different kinds of asbestos litigation dockets across the country, each having its own rules and procedures. In upstate New York the 5th Judicial District that 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 side has a judge who is committed to asbestos cases, Justice Richard T. Aulisi and is governed by a case management order that is specific to asbestos.