Asbestos Litigation Group
If you're working on asbestos litigation or another toxic tort issue, you require an organization that can provide an extensive support. This includes electronic discovery management, high-tech deposition solutions; and an extensive solution for managing large amounts of case data.
The group is open to everyone AAJ members, including Regular, Life, Sustaining, and President's club 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 unsuccessful but it marked a decade-long effort by asbestos firms to compensate victims for exposure.
In the 1960s health researchers began to discover a link between asbestos and certain diseases such as mesothelioma. The asbestos industry attempted to hide these findings but news reports about the research began to spread. Workers' unions and other organizations began to demand that asbestos producers be forced to warn people about the dangers of the deadly mineral.
During this period, asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was possible because of laws that require anyone who makes a dangerous product, to notify consumers to protect themselves.
In the 1980s, the pattern of asbestos litigation had changed. Instead of focusing on miners and asbestos manufacturers, lawyers represented those exposed to asbestos in other workplaces. This included shipyards, refineries, railroads and power plants. These claims typically grew into large class actions.
Lafayette asbestos lawsuit of litigation had many issues, including the fact that plaintiffs' lawyers took on far too much work. They were specialized in contacting and coordinating clients to file lawsuits in huge numbers. These massive filings were designed to overburden the court system and the defendants.
Many plaintiffs' law firms focused on generating profits rather than caring for their injured clients. Some even screened their clients with mobile x-ray vans and denied them compensation when serious illnesses developed like mesothelioma.
The attorneys at Kazan Law specialize in representing individuals diagnosed with asbestos-related diseases, including mesothelioma. They were named 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 extensive participation in asbestos litigation gives our firm an advantage that is unique. We can offer our clients the best possible representation in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large group of asbestos-related injuries. These asbestos lawsuits enable victims to receive compensation without having to submit individual claims. This is time-consuming and expensive.
Asbestos class action lawsuits are an effective method of obtaining the compensation that victims require. In a class action lawsuit, the plaintiff is selected to represent the entire group. The plaintiff and their mesothelioma attorneys can concentrate on constructing strong cases in order to obtain the best outcome for the family of the victim.
Class actions can be found throughout the country that have 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 into one trial, so that each case could be settled in an efficient manner instead of going through multiple individual trials.
However it is important to remember that class actions are not always in the best interest of the victims. The primary issue with mesothelioma class action settlements is that they often fail to give victims as much compensation as they would in the event of filing an individual lawsuit against the companies accountable for their asbestos exposure.
The mesothelioma attorneys at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos-related litigation. For over two decades, we have committed ourselves to providing families of patients with a full legal assistance. Our attorneys understand the ins and outs of filing mesothelioma lawsuits state courts, as well as federal courts.
We represent victims across the United States, even though the majority of them live in or around New York. We can assist you in obtaining the compensation you deserve in mesothelioma cases against negligent asbestos manufacturers, regardless of whether you reside in California, Florida or anywhere else. Contact us today for a no-cost consultation. We are available to discuss your case and provide options to you.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos-related companies, they set aside funds to compensate victims suffering from mesothelioma or other asbestos-related diseases. Instead of suing the company, victims make trust fund claims. The trusts are created to ensure that there is enough money to pay all valid claims.
To make a claim through an asbestos trust, you must meet the eligibility requirements. To be eligible, you must have worked at a company for which the trust was established and be diagnosed with an asbestos-related condition. You must also provide proof that you were exposed to asbestos, including employment records, affidavits of employees who worked with you and, in certain instances, pathology reports or radiographs. If you're filing on behalf of someone who has passed away, you must provide a death certificate.
Additionally each asbestos trust has its own rules for evaluating an application. Some utilize a two-step expedited review procedure, while others use an individual review process. Lawyers who specialize in asbestos litigation can assist you in determining the most effective method of claim processing.
Asbestos trusts must equitably compensate claimants who have similar illnesses. To achieve this, they have established the levels of disease that vary from mesothelioma without significant pulmonary function to pleural diseases.
People frequently file lawsuits and trust funds against a variety of asbestos companies that are accountable for their exposure. Based on the state's law, these companies must disclose information regarding trust claims during the discovery phase of a lawsuit.
While some states have passed laws that prohibit the sharing of this information, most courts have allowed this to happen. However the U.S. Department of Justice has been calling for more accountability for asbestos trusts, because they lack protections against fraudulent claims and mismanagement.
The American Association for Justice provides support and resources for asbestos lawyers. Members can connect on an exclusive list server for plaintiffs and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining, and President's club AAJ members. The attorneys of the group concentrate on cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may assist victims to receive compensation for their losses. These include medical expenses, loss of income as well as home care expenses emotional suffering, distress, and lost quality of life. Asbestos victims can also seek punitive damages from negligent companies who put profits over worker safety.
The amount of a settlement or award depends on the unique losses suffered by the victim. Each case is assessed by a knowledgeable New York mesothelioma attorney who will ensure that victims receive the maximum compensation.
Mesothelioma and other asbestos-related diseases are difficult to identify or treat. This is why it is critical that patients have a legal advocate on their side who knows how to identify the right sources of exposure, and who can anticipate the defenses of liable parties.
During the mesothelioma legal process, the lawyer representing the victim will be able to gather evidence and analyzing their exposure to asbestos in order to establish that the asbestos-related illness was the result of defendants' actions. They might interview former and current employees who worked at the sites where the client was exposed. They may also examine the financial records and factory records that show the defendants knew about asbestos's dangers but failed to protect their workers.
While there are no public statistics about asbestos verdicts or cases in Connecticut however, data from across the country shows that the majority of asbestos cases end up in court before trial. The majority of asbestos cases that go to trial end in a win for the plaintiff. However there have been a few asbestos jury awards which were reduced to reflect the medical insurance benefits that the victim or loved ones received.
There are numerous types of asbestos litigation dockets in 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 who is committed to asbestos cases, Justice Richard T. Aulisi, and operates under a case management order that is specific to asbestos.