Asbestos Litigation Group
If you're involved in asbestos litigation or another toxic tort, you'll need a firm that can offer comprehensive assistance. This includes electronic discovery management; high-tech deposition services; as well as a comprehensive solution to manage large volumes of case information.
This group is open to Regular Life, Sustaining, Life 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 not successful, but it marked an entire decade of effort 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 fought to hide the findings however, news about the research began to surface. Unions representing workers, along with other groups, demanded asbestos producers inform the public about the dangers of asbestos.
In the course of this time asbestos producers were found to be negligent and ordered to compensate victims. This was made possible by laws that require anyone who develops a hazardous product to provide information to consumers so that they can protect themselves.
In the 1980s, asbestos litigation started to shift. Attorneys began representing asbestos-exposure workers in other workplaces, instead of focusing solely on asbestos miners and manufacturers. Railroads, refineries, and shipyards were among the workplaces that were affected. These claims were often consolidated into large class actions.
One of the biggest issues with this type of litigation was that many plaintiffs' lawyers were tasked with too much work. They were specialized in contacting and coordinating clients to file lawsuits in huge quantities. They wanted to overtake the judicial system and the defendants by filing massive lawsuits.
Many firms representing plaintiffs were more concerned with generating profits than looking after their injured clientele. Some even screened clients with mobile x-ray vans. They denied them compensation when serious illnesses developed like 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 participate in regular meetings with the national Asbestos Trial Attorneys Association. This extensive participation in asbestos litigation provides our firm with an advantage. We can offer our clients the best representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a group of people with similar asbestos injuries. These kinds of asbestos lawsuits permit victims to receive compensation without having 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 require. In a class action lawsuit, one plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers concentrate on constructing strong cases in order to obtain the best outcome for the family of the victim.
Class actions are common in various areas of the country that have an elevated level of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single case so that each claim could be settled efficiently rather than having to undergo multiple individual trials.
However it's important to remember 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 as much compensation as they would have received in the event of filing an individual lawsuit against the companies responsible for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma lawyers who have years of experience representing asbestos victims in class actions and other types litigation. For over two decades, we've dedicated ourselves to providing patients and their families with a full legal assistance. Our attorneys understand the ins and outs of filing mesothelioma lawsuits in state courts as well as federal courts.
While the majority of our clients reside 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 from mesothelioma lawsuits against negligent asbestos manufacturers. Contact us today to schedule a free consultation. We are available to discuss your situation and present the options to you.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies, they reserve funds for compensation to victims with mesothelioma or other asbestos-related diseases. Instead of suing the company, victims make trust fund claims. The trusts are designed to ensure that there is enough money to cover all legitimate claims.
You must meet certain eligibility requirements in order to submit an application. You must have worked for the company that established the trust and be diagnosed with an asbestos-related condition to be eligible. You must also provide proof that you were exposed to asbestos, for example employment records, affidavits from employees who worked with you and, in some instances, pathology reports or radiographs. If you're filing on behalf of someone who died you must also provide the death certificate.
Each asbestos trust also has its own criteria to determine how to evaluate a claim. Some have a two-step process called expedited review, while others use an individual review system. Lawyers who specialize in asbestos litigation will help you determine the best method for processing claims.
Asbestos trusts must compensate claimants suffering from similar diseases fairly. To do this, they established disease levels that range from mesothelioma that has no significant respiratory function to pleural disorders.
It is typical for people to bring lawsuits and trust funds against a variety of asbestos companies that are responsible for their exposure. According to state law, businesses may be required to divulge details about trust claims during the discovery phase.
While certain states have passed laws to prevent the sharing of information, a majority of courts have allowed it. The U.S. Department of Justice however, has pushed for greater accountability of asbestos trusts. They say they are not protected from fraudulent claims and poor management.
The American Association for Justice offers resources and support to asbestos lawyers. West Jordan asbestos attorney can join an exclusive list server 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 group's attorneys primarily handle cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could aid victims in receiving compensation for their losses. Medical expenses, lost income, home-care expenses, emotional distress and suffering are all included. Asbestos-related victims may also be able to seek punitive damages against negligent businesses who place profits over worker safety.
The amount of an award or settlement is contingent on the individual losses of the victim. Each case must be assessed by a knowledgeable New York mesothelioma attorney who will ensure victims receive maximum compensation.
Mesothelioma and other asbestos-related diseases are not easy to diagnose or treat. This is why it is critical that victims have an attorney that is aware of the right sources of exposure and anticipate defenses from the liable parties.
During the mesothelioma legal process, a victim's legal team will spend time collecting evidence and analyzing their exposure to asbestos to demonstrate that the asbestos-related disease 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 can also look over the records of factories and financial documents which show that the defendants knew about asbestos's dangers but failed to protect their workers.
While there are no public statistics that provide information on asbestos cases or verdicts in Connecticut however, data from across the country shows that the majority of asbestos cases end up in court before trial. Most asbestos cases that reach trial end with a victory for the plaintiff. However there have been a few asbestos jury awards that were reduced to take into account the medical insurance benefits the victim or loved ones received.
There are numerous types of asbestos litigation dockets in the United States, each with its own rules and procedures. In the upstate region of New York the 5th Judicial District that comprises 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 committed to asbestos cases, Justice Richard T. Aulisi, and operates under a case management order that is specifically geared towards asbestos.