Asbestos Litigation Group
If you're working on asbestos litigation or another hazardous tort issue, you require a firm that can offer comprehensive support. This includes electronic discovery management, high-tech depositions and a complete solution for managing huge volumes of information.
This group is open to Regular Life, Sustaining, and President's Club AAJ 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 start of a decades-long campaign to force asbestos companies pay compensation to victims of their exposure.
In the 1960s health researchers began to notice a link between asbestos and diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed however, news articles about the research started to surface. Workers' unions, among other groups, demanded asbestos manufacturers warn people about the dangers.
In this time asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was due to laws that require anyone creating a hazardous product to notify consumers so they can protect themselves.
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 shipyards, refineries railways, power plants, and power stations. These claims often grew 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 specialized in soliciting and bundling clients to file lawsuits in huge numbers. They were hoping to overtake the judiciary and defendants with these massive filings.
Many of the plaintiffs' firms were more concerned with generating profits than caring for their injured clients. Some even screened their clients with mobile x-ray vans, and denied them compensation when serious illnesses arose, such as mesothelioma.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases 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 broad involvement in asbestos litigation provides our firm with a unique advantage. We can offer our clients the best possible representation in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a group of people who have similar asbestos injuries. These asbestos lawsuits enable victims to receive compensation without having to make individual claims. This can be costly and time-consuming.
Asbestos class action lawsuits can be an effective method of getting victims the compensation they deserve. In an action that is a group, one plaintiff is appointed 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 victim and family.
Class actions are common in various areas of the country where there is an abundance 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, ensuring that each claim could be settled efficiently rather than having to undergo multiple individual trials.
However, it's important to keep in mind that class actions are not always in the best interests of the victims. The main issue with mesothelioma class action settlements is that they are often unable to provide victims with the same compensation as they would have received in the event of filing their own lawsuit against the company responsible for their asbestos exposure.
The mesothelioma lawyers of Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos-related litigation. For more than two decades, we have been devoted to providing families and patients with a full legal assistance. Our lawyers are knowledgeable about the ins and outs of bringing mesothelioma-related 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 assist you receive the money you deserve from a mesothelioma lawsuit against negligent asbestos producers. Contact us today for a free consultation. We're more than happy to discuss your case with you and discuss with you the options that are available.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies, they reserve funds to compensate victims suffering from mesothelioma and other asbestos-related illnesses. Instead of filing a lawsuit against the company, patients file trust fund claims. The trusts guarantee that there will be enough funds to cover any valid claims.
You must meet certain eligibility requirements to file an application. You must have worked for a company that established the trust and be diagnosed with an asbestos-related illness to qualify. You must also prove that you were exposed to asbestos, for example employment records, affidavits of people who worked with your and, in some instances, pathology reports or radiographs. If you're filing on behalf of a deceased person, you must provide an official death certificate.
Each asbestos trust also has its own set of rules to determine the best way to assess claims. Dayton asbestos lawyers have a two-step process called expedited review, while others use an individual review system. Lawyers who specialize on asbestos litigation can assist in determining the best method for processing claims.
Asbestos trusts are required to compensate claimants suffering from similar diseases fairly. To achieve this, they have established the levels of disease that vary from mesothelioma without significant respiratory function to pleural disorders.
People frequently file lawsuits and trust funds against a variety of asbestos companies that are responsible for their exposure. Under state law, companies may be required to provide details about trust claims during the litigation discovery phase.
While certain states have passed legislation to prevent the sharing of this information, most courts have allowed this to occur. The U.S. Department of Justice, however, has called for greater accountability of asbestos trusts. They claim that they aren't protected against fraud and poor management.
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 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 concentrate on cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can aid victims in recovering compensation for their losses. Medical bills, lost income home-care expenses, emotional distress and suffering are all included. Asbestos victims may also be able seek punitive damages against negligent companies that put profit over safety of workers.
The amount of a settlement or award depends on the unique losses suffered by the victim. It is crucial that each case is assessed by an experienced New York mesothelioma lawyer who will ensure that the victims receive the maximum amount of compensation.
It's not easy to recognize and treat mesothelioma or other asbestos-related illnesses. This is why it is critical that the victims have a legal team on their side that knows how to identify the most appropriate sources of exposure and can anticipate defenses from the accountable parties.
In the mesothelioma lawsuit process, a victim's legal team will spend time gathering evidence and analyzing their exposure to asbestos to establish that the asbestos-related illness was the result of defendants actions. They may interview current and former employees who worked at the places where the victim was exposed. They may also review the records of factories and financial documents that show the defendants knew about the dangers of asbestos and did not take precautions to protect their workers.
Although there aren't any public statistics regarding asbestos cases or verdicts in Connecticut however, data from across the country shows that the majority of asbestos cases are settled before trial. Most asbestos cases that reach trial end with a victory for the plaintiff. However there have been a few asbestos jury awards which were reduced to take into account the medical insurance benefits that the victim or loved family members received.
There are a variety of types of asbestos litigation dockets across the country, 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 overseen by Justice Charles C. Merrell. The 4th District, on the other hand has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi and is operating under an order for case management that is specific to asbestos.