Asbestos Litigation Group
If you're involved in asbestos litigation or another hazardous tort issue, you require an organization that can provide complete assistance. This includes electronic discovery management, high-tech depositions and a comprehensive solution to manage huge volumes of information.
The group is open to members of all AAJ members including 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 at Newark federal court in 1929. The case was not successful, but it marked the beginning of a long-running effort to make asbestos companies pay compensation to victims of their exposure.
In the 1960s health researchers began to notice a link between asbestos and various diseases like mesothelioma. The asbestos industry fought to keep the findings quiet however, news about the research began to surface. Workers' unions and other organizations began to demand that asbestos producers be forced to warn people about the dangers posed by the dangerous mineral.
In this time asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible through laws that require anyone who develops 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 workers at other places of work instead of focusing only on asbestos miners or asbestos manufacturers. These included refineries, shipyards railways, power plants, and power stations. These claims typically grew into large class actions.
One of the major issues with this litigation pattern was that a lot of plaintiffs' lawyers took on too many tasks. They specialized in contacting clients, combining them and filing lawsuits in large quantities. They wanted to overwhelm the judicial system and the defendants by filing massive lawsuits.
Many law firms representing plaintiffs focused on making money instead of focusing on their injured clients. Some even screened clients with mobile x-ray vans. They refused them compensation when serious illnesses developed, such as mesothelioma.
The attorneys at Kazan Law specialize in representing those suffering 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 as well as the Winter Convention, and are involved in regular meetings with the national Asbestos Trial Attorneys Association. This broad involvement in asbestos litigation provides our firm with an advantage that is unique. We can offer our clients the best possible representation in these difficult cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar injuries. Irvine asbestos lawyers allow victims to receive compensation without having to submit individual claims. This can be costly and time-consuming.
Asbestos class action lawsuits are an effective method of obtaining the compensation that victims require. In a class action, one plaintiff is appointed to represent the entire group. The plaintiff and their mesothelioma lawyers focus on building strong cases in order to achieve the best possible outcome for the family of the victim.
There are a variety of areas in the United States where asbestos exposure is very high. Class actions are common. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single instance, so that each claim could be resolved efficiently, rather than having to undergo multiple individual trials.
It is crucial to remember that class actions may not be in the best interests of victims. The main problem with mesothelioma class actions is that they tend not to give victims as much compensation as they would if they had filed their own lawsuit against the company responsible for their asbestos exposure.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other types of asbestos litigation. For more than 20 years, we've been devoted to providing complete legal support to patients and their families. Our lawyers are able to file mesothelioma cases in both federal and state courts.
While the majority of our clients live in and around New York, we regularly represent victims across the United States. No matter if you are in California or Florida, we can help you receive the money you deserve as a result of a mesothelioma lawsuit against negligent asbestos producers. Call us now for a no-obligation consultation. We're eager to discuss your case with you and discuss with you the options that are available.
Asbestos Bankruptcy Trusts
In the asbestos bankruptcy process, companies set aside money to compensate victims with mesothelioma and other asbestos-related illnesses. Instead of suing the company, victims make trust fund claims. The trusts are created to ensure that there is enough money available to pay all valid claims.
You must meet certain eligibility requirements in order to submit a claim. You must have worked for the company that created the trust and be diagnosed with an asbestos-related condition to be eligible. You must also prove that you were exposed to asbestos, such as employment records, affidavits from people who worked with your 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 known as expedited review, and others have an individual review process. Lawyers who specialize in asbestos litigation can help you in determining the most efficient method for processing claims.
Asbestos trusts are required to compensate claimants suffering from similar diseases equitably. To determine this, they must have established disease levels, which vary from mesothelioma through Pleural disease that is not significantly restricted in the pulmonary function.
It is typical for people to file trust funds and lawsuits against several asbestos companies accountable for their exposure. According to the laws of each state, these companies must disclose information about trust claims during the discovery phase of the lawsuit.
While certain states have passed legislation to prevent the sharing of this information, many courts have allowed it to happen. However, the U.S. Department of Justice has been calling for increased accountability in asbestos trusts, citing that they lack protections against fraudulent claims and mismanagement.
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 welcomes Regular Life, Sustaining, and President's club AAJ members. The lawyers in the group primarily handle cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can help victims recover compensation for their losses. Medical bills, lost income emotional distress, home-care costs and suffering are all included. Asbestos victims might also be able seek punitive damages against negligent companies who put profits before worker safety.
The amount of a settlement or award is contingent on the specific losses experienced by the victim. Each case must be assessed by a knowledgeable New York mesothelioma attorney who will ensure that victims receive the maximum compensation.
It isn't easy to diagnose and treat mesothelioma or other asbestos-related illnesses. This is why it is essential that the victims have a legal advocate on their side who knows how to identify the sources of exposure and can anticipate the defenses of the liable parties.
During the mesothelioma lawsuit procedure the legal team of the victim will be gathering evidence and investigating the asbestos exposure of the victim in order to prove that defendants' actions caused the asbestos-related disease. They may interview employees, both former and current, who worked at the locations where the client was exposed. They may also review the records of factories and financial documents which show that the defendants knew about the dangers of asbestos and did not take precautions to protect their workers.
Although there aren't any official statistics that provide information about asbestos verdicts or cases in Connecticut, national data shows that most asbestos cases settle before trial. Most cases that go to trial result in a victory for the plaintiff, however there have been asbestos jury verdicts which were reduced to reflect medical insurance benefits the victim or loved loved ones received.
There are a variety of asbestos litigation dockets throughout the United States, each having their specific rules and procedures. In the upstate region of New York the 5th Judicial District which includes Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket supervised by Justice Charles C. Merrell. The 4th District, on the other hand, has a judge dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is specific to asbestos.