Asbestos Litigation Group
If you're working on asbestos litigation or another hazardous tort issue, you require an organization that can provide complete support. This includes electronic discovery management, high-tech deposition solutions; and a comprehensive solution for managing large amounts of case 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 in Newark federal court. The case was not successful, but it marked the beginning of a decade-long campaign to force asbestos companies pay for their exposure.
In the 1960s, health experts began to realize that there was a link between asbestos and certain diseases, such as mesothelioma. The asbestos industry attempted to keep the findings from being revealed however, news articles about the research began to circulate. Workers' unions and other organizations began to demand that asbestos producers be forced to inform people about the dangers of this dangerous mineral.
In the course of this time, a number of asbestos producers were found guilty of negligence and ordered to compensate victims. This was possible because of laws that require anyone creating a hazardous product to inform consumers so they can be protected.
In the 1980s, asbestos litigation started to evolve. Attorneys began representing asbestos-exposed workers in other industries instead of focusing only on asbestos miners and manufacturers. These included refineries, shipyards railways, power plants, and power stations. These claims typically became large class actions.
One of the major issues with this pattern of litigation was that many plaintiffs' lawyers were tasked with too many tasks. They were specialized in contacting clients, bundling them together and filing lawsuits in bulk. They were hoping to take over the judicial system and the defendants by filing massive lawsuits.
Many of the plaintiffs' firms were more focused on generating profits rather than taking care of their injured clientele. Some even screened clients with mobile x-ray vans and denied them compensation if serious illnesses were discovered such as mesothelioma.
The lawyers at Kazan Law specialize in representing those suffering from asbestos-related diseases which include mesothelioma. They have been ranked by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They are involved in regular meetings of national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend the AAJ's Annual and Winter Conventions. Their extensive involvement in asbestos litigation provides our firm with a distinct edge. asbestoslitigationgroup can provide our clients with the best possible representation in these difficult cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of many people who have suffered similar injuries. These types of asbestos lawsuits enable victims to receive compensation without having to make individual claims against a number of defendants which can be costly and time-consuming.
Asbestos class action lawsuits are also a faster way to get victims the compensation they deserve. In a class action, one plaintiff is chosen to represent the group as a whole. The plaintiffs and their mesothelioma lawyers can focus on building strong arguments to obtain the best result for the family of the victim.
Class actions are common in a variety of areas across the country with an abundance of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases into one trial, ensuring that each case could be settled efficiently instead of going through a series of trials.
However it is important to keep in mind that class actions aren't always in the best interest of victims. The primary issue with mesothelioma class actions is that they are often unable to give victims as much compensation as they would have received when they had filed their own individual lawsuit against the company responsible for their asbestos exposure.
The mesothelioma attorneys at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other types of asbestos litigation. For more than two decades, we have been devoted to providing families and patients with comprehensive legal support. Our lawyers are able to file mesothelioma lawsuits in both federal and state courts.
We represent victims across the United States, even though the majority of them reside in or around New York. Whether you live in California or Florida we can assist you receive the compensation you deserve from a mesothelioma lawsuit against negligent asbestos producers. Contact us now for a no-cost consultation. We are willing to discuss your situation with you and go over with you the options that are available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos-related companies, they set aside funds for compensation to victims with mesothelioma, or other asbestos-related diseases. Instead of suing a business, victims can submit a trust fund claim. The trusts are designed to ensure that there is enough money available to pay for all claims that are valid.
To submit a claim to an asbestos trust you must satisfy the eligibility requirements. You must have worked for a company that established the trust and be diagnosed with an asbestos-related illness to qualify. You must also show proof of exposure, including employment records, affidavits from people who worked with you and in some instances such cases, pathology reports or Xrays. If you're filing on behalf of a deceased person, you must provide the death certificate.
In addition, each asbestos trust has its own set of criteria for how to evaluate a claim. Some trusts use a two-step speedy review process, while others use an individual review system. Lawyers who specialize in asbestos litigation can help in determining the best method for processing claims.
Asbestos trusts have to pay claimants suffering from similar diseases equitably. To do this, they have established levels of disease that range from mesothelioma that has no significant lung function to pleural diseases.
It is common for people to file trust funds and lawsuits against multiple asbestos companies responsible for their exposure. Based on the state's law, these companies must disclose details about trust claims during the discovery phase of a lawsuit.
While certain states have passed laws to stop the sharing of this information, a lot of courts have allowed this to occur. The U.S. Department of Justice however, has pushed for greater accountability for asbestos trusts. They say they are not protected from fraud and poor management.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can network on a plaintiff-only list server 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 can allow victims to recover compensation for their losses. Medical bills, lost income expenses for home care, emotional distress and pain and suffering are all included. Asbestos victims may also be able to pursue punitive damages against negligent businesses who put profits before worker safety.
The amount of a settlement or award depends on the unique losses suffered by the victim. It is vital that each case is assessed by a skilled New York mesothelioma lawyer who will ensure that the victims receive maximum compensation.
It's not easy to identify and treat mesothelioma as well as other asbestos-related diseases. This is why it is crucial that the victims have an attorney that knows how to identify the right sources of exposure and can anticipate the defenses of the accountable parties.
During the mesothelioma lawsuit process, the victim's legal team is responsible for collecting evidence and analyzing the asbestos exposure of the victim to prove that the defendants' actions led to the asbestos-related disease. They might interview current and former employees who worked at the work locations where the client was exposed. They can also look over the records of the factory and financial records that prove that the defendants were aware of the risks that asbestos poses and did not protect their workers.
While there aren't any public statistics for Connecticut that give information on asbestos cases and verdicts, nationwide evidence suggests that the majority of asbestos cases settle before trial. The majority of those that go to trial end up being winning for the plaintiff, even though there have been asbestos jury verdicts that have been reduced to reflect medical insurance benefits that the victim or their loved ones received.
There are many different types asbestos litigation dockets across the United States, each with its own rules and procedures. In the upstate region of New York the 5th Judicial District which comprises Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket supervised 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 an order for case management that is asbestos-specific.