Asbestos Litigation Group
You require a company that can offer a comprehensive service regardless of whether you are involved in asbestos litigation or any other toxic tort case. This includes electronic discovery management, high-tech depositions and an all-encompassing solution for managing massive amounts of information.
The group is open to everyone AAJ members, including Regular, Life, Sustaining, and President's club 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 in Newark federal court. The case was unsuccessful, but it marked the beginning of a decade-long campaign to force asbestos companies pay compensation to victims of their exposure.
In the 1960s health researchers began to recognize a connection between asbestos and various diseases like mesothelioma. The asbestos industry attempted to hide these findings but news reports about the research began to circulate. Unions of workers and other organizations began to demand that asbestos producers be forced to inform people about the dangers posed by the dangerous mineral.
During this time, numerous asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was made possible by the laws that require anyone who develops a dangerous product to give the consumer a warning to protect themselves.
In the 1980s, pattern of asbestos litigation changed. Instead of focusing on miners and asbestos manufacturers, attorneys represented victims exposed to asbestos in various other workplaces. These included shipyards, refineries, railroads and power plants. 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 bundling clients to file lawsuits in large quantities. The purpose of these mass filings was to overburden the court system and the defendants.
Many firms representing plaintiffs were more focused on generating profits than looking after their injured clientele. Some even screened clients using mobile x-ray vans. They denied them compensation when serious illnesses developed like mesothelioma.
The attorneys at Kazan Law specialize in representing people who have been diagnosed with asbestos-related illnesses such as mesothelioma. They were ranked as "Best Lawyers for asbestos Litigation" by U.S. News & World Report. Avondale asbestos lawsuits attend the AAJ's Annual Convention and Winter Convention, and take part in regular meetings with the national Asbestos Trial Attorneys Association. This extensive involvement in asbestos litigation provides our firm with a distinct advantage. We can offer our clients the most effective representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large group of people with similar asbestos injuries. These asbestos lawsuits enable victims to receive compensation, without the need to submit individual claims. This can be costly and time-consuming.
Asbestos class actions are also a quicker way to get the compensation that victims need. In a class action, one plaintiff is appointed to represent the group as a whole. The plaintiff and their mesothelioma lawyers can focus on building strong cases to get the best outcome for the victim and their family.
Class actions are common in various areas of the country where there is an elevated level of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases in a single trial so that each case could be dealt with in an efficient manner instead of going through a series of trials.
However it is important to remember that class actions aren't always in the best interest of the victims. The biggest issue with mesothelioma settlements is that victims are not compensated as much as they would be if they filed their own lawsuit against asbestos companies.
The mesothelioma attorneys at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos-related litigation. Since more than 20 years, we've been devoted to providing complete legal assistance to patients and their families. Our lawyers know how to file mesothelioma lawsuits in both federal and state courts.
While the majority of our clients reside in and around New York, we regularly represent victims throughout the United States. Whether you live in California or Florida we can assist you get the compensation you are entitled to from mesothelioma lawsuits against negligent asbestos producers. Call us now for a no-cost consultation. We're available to discuss your needs and present the options to you.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process companies set aside money to compensate victims with mesothelioma and other asbestos-related diseases. Instead of suing a business or a person, victims can make a trust fund claim. The trusts are created to ensure that there is enough money available to cover all legitimate claims.
You must meet certain eligibility requirements to file an application. You must have worked for a company that set up 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 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 provide an official death certificate.
In addition each asbestos trust has its own rules for evaluating a claim. Some trusts use a two-step process called expedited review, while others use an individual review process. Lawyers who specialize on asbestos litigation can assist you in determining the best method for processing claims.
Asbestos trusts are required to compensate claimants suffering from similar diseases equitably. To achieve this, they set levels of disease that range from mesothelioma without significant lung function to pleural diseases.
People often file lawsuits and trust funds against multiple asbestos companies who are accountable for their exposure. Based on the state's law they must provide information regarding trust claims during the discovery phase of the lawsuit.
While certain states have passed laws to stop the sharing of information, a majority of courts have permitted the sharing. However the U.S. Department of Justice has been calling for increased accountability in asbestos trusts, citing that they lack security measures to stop fraudulent claims and mismanagement.
The American Association for Justice provides resources and support for asbestos lawyers. Members can connect via a list server that is exclusively for plaintiffs and also attend meetings during the AAJ's winter and annual conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining, and President's club AAJ members. The lawyers of the group primarily handle cases involving asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may help victims receive compensation for their losses. This includes medical expenses, income loss as well as home care expenses emotional suffering, distress and loss of quality of life. Asbestos victims may also seek punitive damages from negligent companies that put profits ahead of worker safety.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. Each case is examined by an experienced New York mesothelioma attorney who will ensure that victims receive the maximum compensation.
It's not easy to diagnose and treat mesothelioma and other asbestos-related illnesses. This is why it is crucial that the victims have a legal advocate on their side who is aware of the most appropriate sources of exposure and can anticipate the defenses of responsible parties.
In the process of a mesothelioma suit, the victim's legal team will be gathering evidence and investigating the victim's exposure to asbestos to prove that the actions of defendants caused the asbestos-related illness. They might interview employees from the past and present who worked at the job locations where their client was exposed. They can also look over the records of factories and financial documents that show the defendants knew about asbestos' dangers and failed to protect their workers.
While there aren't any public statistics in Connecticut that give information on asbestos cases and verdicts, nationwide evidence suggests that the majority of asbestos cases settle prior to trial. Most asbestos cases that reach trial end in a win for the plaintiff. However, there have been several asbestos jury awards which were reduced to take into account the medical insurance benefits the victim or their loved ones received.
There are many types of asbestos litigation dockets in the nation, each with its own specific rules and procedures. In upstate New York the 5th Judicial District, which comprises Onondaga and Oswego and Herkimer and Jefferson is home to an asbestos docket supervised by Justice Charles C. Merrell. The 4th District, on the other side, has a judge dedicated to asbestos cases, Justice Richard T. Aulisi and is operating under an order for case management that is specific to asbestos.