Asbestos Litigation Group
You need a firm who can provide a full range of support, whether you are working on asbestos litigation or a different toxic tort case. This includes electronic discovery management, high-tech depositions, and a complete solution for managing massive amounts of information.
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
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 researchers began to notice a link between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep these findings quiet, but news articles about the research began to circulate. Unions for workers and other groups started demanding that asbestos manufacturers be forced to inform people about the dangers of the dangerous mineral.
In the course of this time asbestos manufacturers were found to be negligent and ordered to compensate victims. This was due to laws that require anyone creating dangerous products to inform consumers so they can be protected.
In the 1980s, the pattern of asbestos litigation shifted. Attorneys began representing asbestos-exposed workers at other places of work instead of focusing only on asbestos miners and asbestos manufacturers. This included shipyards, refineries railways, power plants, and power stations. These claims usually resulted in large class actions.
One of the biggest problems with this pattern of litigation was that a lot of plaintiffs' lawyers were tasked with too many tasks. They specialized in contacting clients, combining them and filing lawsuits in bulk. They were hoping to overwhelm the judiciary and defendants with these mass filings.
Many firms representing plaintiffs were more concerned with generating profits rather than taking care of their injured clientele. Some even screened clients with mobile x-ray vans and refused them compensation if serious illnesses were discovered, such as mesothelioma.
The lawyers at Kazan Law specialize in representing people who have been diagnosed with asbestos-related illnesses which include 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. The extensive involvement in asbestos litigation provides our firm with an advantage that is unique. We can offer our clients the best possible representation in these complicated cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a group of people with similar asbestos injuries. These asbestos lawsuits allow victims to receive compensation without the need to make individual claims. This is time-consuming and expensive.
Asbestos class action lawsuits are an effective method of getting victims the compensation they need. In a class action, one plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers can concentrate on building strong cases in order to obtain the best outcome for the family of the victim.
Class actions can be found throughout the country with an elevated level of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma lawsuits into a single case so that each claim could be dealt with efficiently, rather than having to undergo multiple individual trials.
However it is important to keep in mind that class actions aren't always in the best interests of the victims. The main issue with mesothelioma settlements is that they often fail to provide victims with the same compensation as they would have received when they had filed their own lawsuit against the companies accountable for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys who are skilled in representing asbestos victims in class actions and other forms of litigation. For more than two decades, we have dedicated ourselves to providing patients and their families with complete legal assistance. Our lawyers know the details of bringing mesothelioma-related lawsuits in state courts, as well as federal courts.
While the majority of our clients live in and around New York, we regularly represent victims throughout the United States. Whether you live in California or Florida we can help you receive the money you are entitled to from a mesothelioma lawsuit against negligent asbestos producers. Contact us today for a no-cost consultation. We are available to discuss your needs and present the options to you.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies, they reserve funds for compensation to victims with mesothelioma and other asbestos-related illnesses. In lieu of suing a business or a person, victims can submit a trust fund claim. The trusts are designed to guarantee that there is enough money available to pay for all claims that are valid.
To make a claim through an asbestos trust, you must meet eligibility requirements. You must have worked for a company that created 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, such as employment records, affidavits from those who worked with you and, in some instances radiographs or pathology reports. If you're filing on behalf of someone who died you must submit the death certificate.
Each asbestos trust also has its own criteria to determine how to evaluate a claim. Certain trusts have a two-step procedure called expedited review, while others employ an individual review system. Lawyers who specialize in asbestos litigation can help you in determining the best method for processing claims.
Asbestos trusts are required to pay claimants suffering from similar diseases fairly. To do this, they have established levels of disease that range from mesothelioma without significant lung function to pleural diseases.
It is common for people to bring lawsuits and trust funds against multiple asbestos companies responsible for their exposure. Under the law of the state, companies could be required to provide details regarding trust claims during the litigation discovery phase.
While certain states have passed laws to prevent the sharing, many courts have allowed it. The U.S. Department of Justice however, has called for increased accountability of asbestos trusts. They claim that they aren't protected against fraud and improper management.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can connect with each other through a list server for plaintiffs only and also attend meetings during the AAJ's annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining and President's Club AAJ members. The lawyers in the group primarily handle cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit will allow victims to recover compensation for their losses. This includes medical expenses, income loss as well as home care expenses emotional stress, pain and suffering and loss of quality of life. Asbestos-related victims may also be able seek punitive damages against negligent businesses who place profits over worker safety.
The amount of a settlement or award is contingent on the specific losses suffered by the victim. Baltimore asbestos attorneys is examined by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.
It's not easy to recognize and treat mesothelioma as well as other asbestos-related diseases. It is important that victims have an experienced legal team who can identify the sources of exposure to asbestos and anticipate defenses from the liable parties.
During the mesothelioma litigation process, the victim's legal team will be able to gather evidence and analyzing their exposure to asbestos to prove that the asbestos-related illness was the result of defendants actions. They might interview employees from the past and present who worked at the work places where their client was exposed. They may also examine the financial records and factory records which show that the defendants knew about asbestos's dangers but failed to protect their workers.
Although there aren't any public statistics about asbestos verdicts or cases in Connecticut, national data shows that most asbestos cases are settled before trial. The majority of cases that reach trial result in an outcome for the plaintiff, though there have been asbestos jury verdicts which were reduced to take into account medical insurance benefits that the victim or loved ones received.
There are a variety of asbestos litigation dockets across the United States, each with its specific rules and procedures. In upstate 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 hand has a judge who is committed to asbestos cases, Justice Richard T. Aulisi and is governed by an order for case management that is asbestos-specific.