Asbestos Litigation Group
You need a firm who can provide a full range of support regardless of whether you are working on asbestos litigation or any other toxic tort case. This includes electronic discovery management; high-tech deposition solutions; and an all-encompassing solution for managing large volumes of case data.
This group is open to Regular Life, Sustaining, and President's Club AAJ members. The group meets at both the AAJ Annual Convention as well as the Winter Convention.
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 dismissed, but it triggered a decade-long effort by asbestos companies to compensate victims for exposure.
In the 1960s, health experts began to notice a link between asbestos and various diseases such as mesothelioma. The asbestos industry tried to keep these findings quiet but news reports about the research began to spread. Unions for workers and other groups started demanding that asbestos producers be forced to inform people about the dangers of the deadly mineral.
In this time, asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible by the laws that require anyone who creates an unsafe product to provide notice to consumers to protect themselves.
In the 1980s, pattern of asbestos litigation had changed. Instead of focusing on miners and asbestos manufacturers, lawyers represented people exposed to asbestos in other work environments. Railroads, refineries, and shipyards were among the industries that were affected. These claims often grew into large class actions.
One of the biggest problems with this pattern of litigation was that many plaintiffs' lawyers took on too much work. They specialized in soliciting and bundling clients to file lawsuits in large numbers. The purpose of these mass filings was to overwhelm the court system and the defendants.
Many firms representing plaintiffs were more focused on generating profits than caring for their clients who were injured. Some firms screened their clients using mobile vans that emitted radiographs, and refused compensation when serious diseases like mesothelioma arose.
Kazan Law's attorneys Kazan Law specialize in representing people who have been diagnosed with asbestos-related illnesses which include 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 take part in regular meetings with the national Asbestos Trial Attorneys Association. The extensive involvement in asbestos litigation gives our firm an unique advantage. Stamford asbestos attorneys can provide our clients with the best possible representation in these complicated cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large group of asbestos-related injuries. These asbestos lawsuits allow victims to receive compensation, without the need to make individual claims. This can be time-consuming and costly.
Asbestos class action lawsuits can be an effective method of getting victims the compensation they deserve. In a class-action lawsuit, the plaintiff is selected to represent the whole group. The plaintiff and their mesothelioma attorneys can focus on building strong cases in order to achieve the best possible outcome for the family of the victim.
There are many areas in the United States in which asbestos exposure is high. Class actions are frequent. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma cases into a single case, ensuring that each claim could be resolved efficiently rather than having to go through several individual trials.
However it's important to keep in mind that class actions are not always in the best interests of the victims. The primary issue with mesothelioma class actions is that they tend not to provide victims with as much compensation as they would have received when they had filed their own lawsuit against the companies accountable for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma lawyers who are skilled in representing asbestos victims in class actions and other forms of litigation. For over two decades, we have dedicated ourselves to providing families and patients with comprehensive legal support. Our attorneys know how to file mesothelioma cases both state and federal courts.
While the majority of our clients live in and around New York, we regularly represent victims throughout the United States. No matter if you are in California or Florida, we can help you get the compensation you deserve as a result of mesothelioma lawsuits against negligent asbestos manufacturers. Contact us today to schedule a free consultation. We're more than willing to discuss your situation with you and discuss with you the options available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies, they reserve funds to compensate victims suffering from mesothelioma and other asbestos-related illnesses. In lieu of suing a business or a person, victims can file a trust fund claim. The trusts are designed to guarantee that there is enough money to pay for all claims that are valid.
To make a claim through an asbestos trust, you must meet the eligibility requirements. To be eligible, you must have worked for a company where the trust was established and have been diagnosed with an asbestos-related condition. You must also show proof of exposure, including employment records, affidavits from people who worked with you, and in certain instances such cases, pathology reports or Xrays. If you're filing on behalf of someone who died you must submit an official death certificate.
In addition, each asbestos trust has its own rules for how to review a claim. Some have a two-step process called expedited review, while others employ an individual review process. Lawyers who specialize on asbestos litigation can help you in determining the most efficient method to process claims.
Asbestos trusts are required to compensate claimants with similar diseases equally. To do this, they established disease levels that range from mesothelioma with no significant lung function to pleural diseases.
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 details about trust claims during the discovery phase of the lawsuit.
While some states have passed laws to prevent the sharing of information, a majority of courts have permitted the sharing. However the U.S. Department of Justice has been urging for greater accountability in asbestos trusts, noting that they do not have safeguards to prevent fraud and sloppy management.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can connect with each other through a list server for plaintiffs only and also attend meetings during the AAJ's 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 can help victims recover compensation for their losses. These include medical expenses, loss of income and home care costs emotional suffering, distress, and lost quality of life. Asbestos victims can also seek damages for punitive harm from negligent businesses that place profits ahead of worker safety.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. It is crucial that each case is assessed by a skilled New York mesothelioma lawyer who will ensure that the victims receive maximum compensation.
Mesothelioma and other asbestos-related illnesses are not easy to detect or treat. It is essential that patients have a skilled legal team who can identify the sources of asbestos exposure and anticipate defenses from the parties responsible.
During the mesothelioma litigation process, the victim's legal team will be able to gather evidence and investigating their exposure to asbestos in order to establish that the asbestos-related illness was caused by defendants' actions. They may interview current and former employees who worked at the job sites where their client was exposed. They can also look over the records of the factory and financial records that prove that the defendants were aware of the risks associated with asbestos exposure and did not take precautions to protect their employees.
Although there aren't any official statistics that offer information regarding asbestos cases or verdicts in Connecticut but national data indicates that most asbestos cases settle before trial. Most cases that go to trial result in winning for the plaintiff, however there have been asbestos jury verdict cases that were reduced to account for medical insurance benefits the victim or their loved ones received.
There are numerous types of asbestos litigation dockets in the United States, each having their own rules and procedures. In upstate New York the 5th Judicial District that 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 hand, has a judge dedicated to asbestos cases, Justice Richard T. Aulisi and is governed by an order for case management that is asbestos-specific.