Asbestos Litigation Group
If you're working on asbestos litigation or another harmful tort matter, you need a firm that can offer comprehensive support. This includes electronic discovery management, high-tech depositions, and an all-encompassing 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 and Winter Convention.
Asbestos Litigation History
Anna Pirskowski filed the first asbestos lawsuit in 1929 at Newark federal court in 1929. The case was unsuccessful but it triggered the beginning of a decade-long campaign by asbestos companies to compensate victims for their exposure.
In the 1960s, health scientists began to recognize a connection existed between asbestos and diseases like mesothelioma. The asbestos industry tried to hide the findings however, news about the research began to surface. Workers' unions, among other groups, demanded that asbestos manufacturers inform people about the dangers.
In this time asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was made possible by laws that require anyone who makes dangerous products to inform consumers to protect themselves.
In Kenner asbestos attorney , asbestos litigation began to evolve. Attorneys began representing asbestos-exposed employees in other workplaces, instead of focusing solely on asbestos miners and manufacturers. These included refineries, shipyards, railroads and power plants. These claims typically became large class actions.
This kind of litigation had several issues, including the fact that plaintiffs' attorneys were tasked with a lot of work. They were experts in soliciting and coordinating clients to file lawsuits in huge numbers. They were hoping to overtake the judicial system and defendants with these massive filings.
Many plaintiffs' law firms focused on generating profits instead of taking care of their injured clients. Some even screened clients with mobile x-ray vans and refused them compensation when serious illnesses developed, such as mesothelioma.
Kazan Law specializes in representing clients suffering from asbestos-related illnesses, including mesothelioma. They were ranked 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 extensive participation in asbestos litigation gives our firm a unique advantage. We can offer our clients the most effective representation in these complicated cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large group of asbestos-related injuries. These asbestos lawsuits permit victims to be compensated without the need to file individual claims. This can be time-consuming and costly.
Asbestos class actions are also an effective method of obtaining the compensation victims need. In a class-action lawsuit, a plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma attorneys can concentrate on building strong cases to obtain the best outcome for the victim and their family.
There are a variety of states in the US where asbestos exposure is very high. Class actions are common. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases into one trial, so that each case could be dealt with efficiently rather than having to go through a series of trials.
It is important to keep in mind that class actions might not be 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 an individual lawsuit against the companies accountable for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys that have years of experience representing asbestos victims in class actions and other forms of litigation. For more than two decades, we've been devoted to providing families of patients with comprehensive legal support. Our lawyers are knowledgeable about the details of bringing mesothelioma-related lawsuits in state courts, as well as federal courts.
We represent victims all over the United States, even though the majority of them live in or around New York. No matter if you are in California or Florida we can help you receive the money you deserve as a result of a mesothelioma lawsuit against negligent asbestos producers. Contact us today for a free consultation. We're more than 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 set aside money for compensation to victims with mesothelioma or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients make trust fund claims. The trusts are designed to ensure that there is enough money available to pay all valid claims.
You must meet certain eligibility requirements in order to make an application. To qualify, you must have worked at a company for which the trust was established and be diagnosed with an asbestos-related condition. You must also prove that you were exposed to asbestos, such as employment records, affidavits from employees who worked with you and, in some instances radiographs or pathology reports. If you are filing on behalf of someone who has passed away you must provide a 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, whereas others use an individual review process. Lawyers who specialize on asbestos litigation can assist you in determining the most efficient method for processing claims.
Asbestos trusts are required to fairly compensate claimants with similar illnesses. To be able to do this, they must have established disease levels, which vary from mesothelioma to the pleural disease, without significantly limiting the pulmonary function.
People frequently have to file lawsuits and trust funds against multiple asbestos companies that are responsible for their exposure. In accordance with 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 stop sharing, many courts have allowed the sharing. The U.S. Department of Justice however, has pushed for greater accountability for asbestos trusts. They say they lack safeguards against fraud and improper management.
The American Association for Justice provides resources and support for asbestos lawyers. Members can connect with each other through a plaintiffs-only list server, and attend meetings at the AAJ's winter and annual conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining, and President's Club AAJ members. The group's attorneys primarily handle cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may aid victims in receiving compensation for their losses. This includes medical expenses, loss of income, home care expenses emotional distress, pain and suffering, and lost quality of life. Asbestos victims may also seek punitive damages from negligent businesses that place profits over worker safety.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. It is crucial that each case is evaluated by an experienced New York mesothelioma lawyer who will ensure that victims receive the maximum amount of compensation.
It isn't easy to recognize and treat mesothelioma as well as other asbestos-related illnesses. This is why it is crucial that patients have a legal advocate on their side who knows how to identify the right sources of exposure, and who can anticipate defenses from the responsible parties.
In the process of a mesothelioma suit, the victim's legal team spends time collecting evidence and analyzing the asbestos exposure of the victim to prove that the actions of defendants caused the asbestos-related disease. They can interview employees from the past and present who worked at the work places where their client was exposed. They can also look over the records of the factory and financial documents to prove that the defendants were aware of the risks associated with asbestos exposure and did not take precautions to protect their employees.
Although there aren't any public statistics regarding asbestos cases or verdicts in Connecticut, national data shows that most asbestos cases are settled before trial. Most cases that go to trial end up being winning for the plaintiff, however there have been several asbestos jury verdicts that have been reduced to reflect medical insurance benefits that the victim or loved family members received.
There are also many different kinds of asbestos litigation dockets across the nation, each with its own rules and procedures. In upstate New York the 5th Judicial District, which includes Onondaga and Oswego and Herkimer and Jefferson is home to an asbestos docket that is overseen by Justice Charles C. Merrell. The 4th District, on the other the other hand has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under a case management order that is specific to asbestos.