Asbestos Litigation Group
You require a firm that can offer a comprehensive service whether you're working on asbestos litigation, or another toxic tort case. This includes providing electronic discovery management, high-tech deposition solutions; and an extensive solution for managing large amounts of information about the case.
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
The first asbestos lawsuit in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was not successful however it was the beginning of a long-running effort to make asbestos companies pay victims for their exposure.
In the 1960s, health scientists began to see that there was a link between asbestos and diseases like mesothelioma. Miami Beach asbestos lawyers tried to keep the findings from being revealed, but articles about this research started to spread. Unions of workers, among other groups, demanded asbestos manufacturers inform the public about the dangers of asbestos.
In this time asbestos producers were found to be negligent and ordered to pay compensation to victims. This was made possible by the laws that require anyone who creates a dangerous product to give notice to consumers to ensure they are protected themselves.
In the 1980s, asbestos litigation started to evolve. Attorneys began representing asbestos-exposed employees in other workplaces instead of focusing only on asbestos miners and manufacturers. Railroads, refineries, and shipyards were among the workplaces that were affected. These claims typically led to class actions of a large size.
This pattern of litigation had a number of problems, including the fact that the attorneys of plaintiffs had to do a lot of work. They were specialized in contacting clients, combining them and filing lawsuits in large quantities. The purpose of these mass filings was to overburden the court system and the defendants.
Many of the plaintiffs' firms were more focused on generating profits rather than taking care of their injured clients. Some even screened clients using mobile x-ray vans and denied them compensation when serious illnesses developed such as mesothelioma.
Kazan Law's attorneys Kazan Law specialize in representing individuals diagnosed with 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 the national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server and attend AAJ's Annual and Winter Conventions. Their extensive involvement in asbestos litigation gives our firm an unique edge. We can provide our clients with the most effective representation in these complicated cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar injuries. These types of asbestos lawsuits permit victims to receive compensation without having to file individual claims against multiple defendants, which can be costly and time-consuming.
Asbestos class actions can be a quicker way to get the compensation that victims need. In the case of a class action, a single plaintiff is appointed to represent the entire group. The plaintiffs and their mesothelioma attorneys can focus on building solid arguments to get the best result for the family and victim.
There are numerous regions in the United States in which asbestos exposure is high. Class actions are common. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma cases into a single instance, so that each claim could be resolved quickly, rather than having to go through several individual trials.
However, it's important to remember that class actions aren't always in the best interest of the victims. The primary issue with mesothelioma settlements is that they are often unable to give victims as much compensation as they would when they had filed an individual lawsuit against the companies responsible for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys who are skilled in representing asbestos victims in class actions and other types litigation. For more than two decades, we have committed ourselves to providing families and patients with complete legal assistance. Our attorneys know how to file mesothelioma lawsuits in both state and federal courts.
We represent victims across the United States, even though the majority of them live in or around New York. We can help you get the compensation you deserve for mesothelioma lawsuits against negligent asbestos manufacturers, whether you live in California, Florida or anywhere else. Call us now for a no-obligation consultation. We're happy to discuss your needs and provide options to you.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies set aside money for compensation to victims with mesothelioma and other asbestos-related illnesses. Instead of suing the company, victims are able to file trust fund claims. The trusts are designed to guarantee that there is enough money to cover all legitimate claims.
To make a claim through an asbestos trust you must satisfy eligibility requirements. You must have worked for a company that created the trust and be diagnosed with an asbestos-related condition to qualify. You must also show proof of exposure, including employment documents, affidavits from employees who worked with you and in some instances the report of pathology or X-rays. If you are filing on behalf of a deceased individual you must provide a death certificate.
In addition each asbestos trust has its own criteria for evaluating a claim. Some utilize a two-step expedited review process, while others use an individual review process. Lawyers who specialize in asbestos litigation will assist you in determining the best method for processing claims.
Asbestos trusts have to compensate claimants suffering from similar diseases fairly. To do this, they set levels of disease 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 the laws of each state they must provide information about trust claims during the discovery phase of a lawsuit.
While some states have passed laws to stop sharing, many courts have allowed it. The U.S. Department of Justice, however, has called for increased accountability of asbestos trusts. They claim that they aren't protected against fraudulent claims and improper management.
The American Association for Justice provides resources and support for asbestos lawyers. Members can connect with each other via a list server that is exclusively for plaintiffs and attend meetings during the AAJ's annual and winter conventions. The Asbestos Litigation Group is open to 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 will allow victims to recover compensation for their losses. Medical expenses, lost income, expenses for home care, emotional distress and suffering are all covered. Asbestos victims might also be able to seek punitive damages against negligent businesses who put profits before safety of workers.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. Each case must be assessed by a knowledgeable New York mesothelioma attorney who will ensure victims receive maximum compensation.
It isn't easy to recognize and treat mesothelioma as well as other asbestos-related illnesses. This is why it is essential that patients have an attorney that is aware of the right sources of exposure, and who can anticipate the defenses of responsible parties.
During the mesothelioma lawsuit procedure, the victim's legal team will be gathering evidence and investigating the asbestos exposure of the victim in order to prove that defendants' actions caused the asbestos-related illness. They may interview current and former employees who worked on the job places where their client was exposed. They can also look over the financial records and factory records which show that the defendants knew about asbestos's dangers but failed to protect their employees.
While there are no public statistics that provide information about asbestos verdicts or cases in Connecticut however, data from across the country shows that the majority of asbestos cases settle before trial. Most asbestos cases that reach trial end in a win for the plaintiff. However, there have been several asbestos jury awards that were reduced to reflect the medical insurance benefits that victims or their loved family members received.
There are many kinds of asbestos litigation dockets in the nation, each with its own specific 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 that is overseen by Justice Charles C. Merrell. The 4th District, on the other side, has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi and is governed by an order for case management that is asbestos-specific.