Asbestos Litigation Group
If you're involved in asbestos litigation or another hazardous tort matter, you need a company that can provide an extensive assistance. This includes electronic discovery management, high-tech depositions, and a comprehensive solution to manage large volumes of information.
The group is open to all AAJ members which includes Regular Life, Sustaining, and President's club 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 ultimately unsuccessful however it was the start of a decades-long campaign to force asbestos companies pay victims for their exposure.
In the 1960s, health experts began to see that a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry fought to hide the findings however, news about the research began to circulate. Unions of workers, among other groups, demanded asbestos manufacturers warn people about the dangers.
In this time asbestos producers were found to be negligent and ordered to compensate victims. This was made possible by laws which require anyone who makes a hazardous product to provide information to consumers to protect themselves.
In the 1980s, asbestos litigation began to shift. Instead of focusing on miners and asbestos manufacturers, lawyers represented those exposed to asbestos in various other workplaces. These included shipyards, refineries railways, power plants, and power stations. Bolingbrook asbestos lawsuits grew into large class actions.
One of the biggest issues with this litigation pattern was that a lot of plaintiffs' lawyers took on too many tasks. They were specialized in contacting and bundling clients to file lawsuits in large quantities. They hoped to overwhelm the judiciary and defendants with these mass filings.
Many firms representing plaintiffs were more focused on making profits rather than taking care of their clients who were injured. Some even screened clients using mobile x-ray vans and denied them compensation when serious illnesses arose like mesothelioma.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases, 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. The extensive involvement in asbestos litigation gives our firm a unique advantage. We can provide our clients with the best representation possible in these complicated cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a group of people with similar asbestos injuries. These kinds of asbestos lawsuits allow victims to receive compensation without the need to file individual claims against multiple defendants which can be expensive and time-consuming.
Asbestos class action lawsuits are also an efficient method of obtaining victims the compensation they deserve. In a class-action lawsuit, one plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma attorneys can concentrate on constructing strong cases to get the best outcome for the victim and their family.
There are a variety of areas in the United States where asbestos exposure is high. Class actions are frequent. 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 resolved quickly, rather than going through multiple individual trials.
It is important to keep in mind that class actions might not be in the best interests of victims. The most significant issue with mesothelioma settlements is that victims are not compensated as fully as they would be if they filed their own lawsuit against the asbestos companies.
The mesothelioma lawyers of Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos litigation. For more than 20 years, we've been committed to providing comprehensive legal support to patients and their families. Our lawyers are able to file mesothelioma cases in both state and federal courts.
While the majority of our clients live in and around New York, we regularly represent victims throughout the United States. If you reside in California or Florida we can help you receive the money you deserve as a result of a mesothelioma lawsuit against negligent asbestos manufacturers. Contact us today to schedule an initial consultation for no cost. We're happy to discuss your needs and present the options to you.
Asbestos Bankruptcy Trusts
In the bankruptcy process, asbestos companies set aside money to compensate victims of mesothelioma or other asbestos-related diseases. Instead of suing the company, victims file trust fund claims. 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 meet eligibility requirements. You must have worked for a company that set up the trust and be diagnosed with an asbestos-related disease to qualify. You must also show proof of exposure, which includes employment documents, affidavits from employees who worked for you and in certain cases such cases, pathology reports or Xrays. If you're filing on behalf of someone who died you must submit a death certificate.
Each asbestos trust also has its own criteria to determine how to evaluate claims. Some use a two-step expedited review procedure, while others use an individual review system. Lawyers who specialize in asbestos litigation can help in determining the best way to handle claims.
Asbestos trusts are required to pay fair compensation to claimants suffering from similar illnesses. To be able to do this, they must have established disease levels, which range from mesothelioma to the pleural disease, without significantly limiting the pulmonary function.
It is typical for people to make trust funds and lawsuits against multiple asbestos companies responsible for their exposure. In accordance with state law, businesses may be required to provide information regarding trust claims during the discovery phase.
While certain states have passed laws that prohibit the sharing of this information, a lot of courts have allowed this to occur. The U.S. Department of Justice however, has called for greater accountability for asbestos trusts. They claim that they lack safeguards against fraud and improper management.
The American Association for Justice provides resources and support for asbestos lawyers. Members can connect on 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 in the group are primarily involved in cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may assist victims to receive compensation for their losses. This includes medical expenses, loss of income as well as home care expenses, emotional distress, pain and suffering, and lost quality of life. Asbestos victims might also be able to pursue punitive damages against negligent businesses who put profits before worker safety.
The amount of a settlement or award is contingent on the specific losses experienced by the victim. Each case must be examined by an experienced New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
It isn't easy to identify and treat mesothelioma or other asbestos-related illnesses. This is why it is critical that the victims have a legal advocate on their side that is aware of the most appropriate sources of exposure, and who can anticipate defenses from the responsible parties.
During the mesothelioma litigation process, a victim's legal team will be able to gather evidence and analyzing their exposure to asbestos to establish that the asbestos-related illness was caused by the defendants actions. They might interview current and former employees who worked at the work locations where their client was exposed. They can also look over documents from the factory or financial documents to prove that the defendants were aware of the risks that asbestos poses and did not protect their workers.
Although there aren't any official data in Connecticut that give information on asbestos cases and verdicts, nationwide evidence suggests that the majority of asbestos cases settle before trial. Most asbestos cases that reach trial end with a victory for the plaintiff. However, there have been several asbestos jury awards that were reduced to account for the medical insurance benefits the victim or loved family members received.
There are a variety of asbestos litigation dockets in the United States, each with their own rules and procedures. In upstate New York the 5th Judicial District that includes Onondaga and Oswego and Herkimer and Jefferson is home to an asbestos docket overseen by Justice Charles C. Merrell. The 4th District, on the other hand, has a judge dedicated to asbestos cases, Justice Richard T. Aulisi and is operating under a case management order that is specifically geared towards asbestos.