Asbestos Litigation Group
If you're working on asbestos litigation or another harmful tort matter, you need a company that can provide comprehensive assistance. That includes providing electronic discovery management, high-tech deposition services; as well as an extensive solution for managing large amounts of case 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
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 the beginning of a decade-long campaign by asbestos companies to pay victims for exposure.
In the 1960s, health researchers began to recognize there was a link between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried to keep the findings from being revealed however, articles about this research started to spread. Unions for workers and other groups started demanding that asbestos producers be required to warn the public about the dangers of this dangerous mineral.
During this period asbestos producers were found to be negligent and ordered to compensate victims. This was made possible by laws that require anyone who develops a hazardous product to provide the consumer a warning so that they can protect themselves.
In the 1980s, the pattern of asbestos litigation had changed. Attorneys began representing asbestos-exposure workers in other workplaces instead of focusing only on asbestos miners or asbestos manufacturers. Railroads, refineries, shipyards and shipyards were among the places of work that were affected. These claims typically resulted in large class actions.
This type of litigation was prone to a number of problems and issues, among them the fact that the attorneys of plaintiffs took on far too much work. They were experts in soliciting and bundling clients to file lawsuits in large numbers. These massive filings were designed to overwhelm the court system as well as the defendants.
Many firms representing plaintiffs were more concerned with generating profits than caring for their injured clientele. Some even screened clients using mobile x-ray vans. They denied them compensation if serious illnesses were discovered, such as mesothelioma.
The lawyers at Kazan Law specialize in representing individuals diagnosed with asbestos-related diseases such as 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. Bellevue asbestos lawsuit in asbestos litigation gives our firm an unique advantage. We can provide our clients with the best representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar asbestos injuries. These types of asbestos lawsuits permit victims to receive compensation without the need to make individual claims against a number of defendants which can be costly and time-consuming.
Asbestos class action lawsuits are an efficient method of obtaining victims the compensation they deserve. In a class-action lawsuit, a plaintiff is chosen to represent the whole group. The plaintiffs and their mesothelioma attorneys are able to focus on building a solid arguments to get the best possible outcome for the victim and family.
There are a variety of areas in the United States where asbestos exposure is high. Class actions are frequent. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases into one trial, ensuring that each case could be dealt with in an efficient manner instead of going through several individual trials.
However it's important to remember that class actions aren't always in the best interests of the victims. The main issue with mesothelioma class actions is that they tend not to give victims as much compensation as they would if they had filed their own individual lawsuit against the companies responsible 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 more than two decades, we have been devoted to providing families of patients with a full legal assistance. Our lawyers are able to file mesothelioma cases both federal and state courts.
While the majority of our clients reside 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 get the compensation you are entitled to from a mesothelioma lawsuit against negligent asbestos manufacturers. Contact us today for a free consultation. We're more than eager to discuss your case with you and discuss with you the options that are available.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process, companies set aside money to pay compensation for those suffering from mesothelioma or other asbestos-related illnesses. Instead of filing a lawsuit against the company, patients make trust fund claims. Trusts guarantee that there is enough money to cover any valid claims.
To file a claim with an asbestos trust you must satisfy eligibility requirements. To be eligible, you must have worked in a place where the trust was established and be diagnosed with an asbestos-related illness. You must also show proof of exposure, which includes employment records, affidavits from people who worked for you and in some instances the report of pathology or X-rays. If you're filing on behalf someone who died, you must provide the death certificate.
In addition each asbestos trust has its own rules for evaluating a claim. Some trusts use a two-step speedy review process, whereas others use an individual review process. Lawyers who specialize in asbestos litigation can assist you in determining the most effective method for processing your claim.
Asbestos trusts must compensate claimants suffering from similar diseases equally. To determine this, they have established disease levels, which vary from mesothelioma to Pleural disease that is not significantly restricted in lung function.
It is common for people to file trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. In accordance with the law of the state, companies could be required to disclose details regarding trust claims during the discovery phase.
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 for asbestos trusts, citing that they lack security measures to stop fraud and mismanagement.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can connect on the list server that is exclusively for plaintiffs and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group is open to Regular Life, Sustaining, and President's Club AAJ members. The attorneys in the group primarily handle cases involving asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may help victims receive compensation for their losses. These include medical bills, loss of income, home care expenses, emotional stress, pain and suffering and loss of quality of life. Asbestos-related victims can also seek damages for punitive harm from negligent businesses that place profits over worker safety.
The amount of a settlement or award depends on the unique losses suffered by the victim. Each case should be assessed by a knowledgeable New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
Mesothelioma and other asbestos-related illnesses are difficult to identify or treat. This is why it is essential that the victims have a legal advocate on their side that knows how to identify the right sources of exposure and can anticipate the defenses of the accountable parties.
During the mesothelioma lawsuit procedure the legal team of the victim spends time collecting evidence and analyzing the asbestos exposure of the victim in order to establish that the actions of defendants caused the asbestos-related illness. They may also interview current and former employees who worked at the job places where the victim was exposed. They may also review financial documents and factory records which show that the defendants knew about asbestos' dangers and did not take precautions to protect their workers.
Although there aren't any official statistics on asbestos cases or verdicts in Connecticut, national data shows that the majority of asbestos cases are settled 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 award cases which were reduced to reflect the medical insurance benefits that the victim or their loved family members received.
There are numerous types of asbestos litigation dockets across the United States, each with their specific rules and procedures. In the upper reaches of New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket that is managed by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -the judge - Justice Richard T. Aulisi and is governed by an asbestos-specific case management order.