Asbestos Litigation Group

If you're working on asbestos litigation or another hazardous tort matter, you need a firm that can offer an extensive assistance. This includes electronic discovery management, high-tech deposition solutions; and 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. The group meets at both the AAJ Annual Convention and 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 not successful however it was the start of a decades-long campaign to force asbestos companies pay victims for their exposure.

In the 1960s, health researchers began to recognize a connection between asbestos and various diseases like mesothelioma. The asbestos industry fought to keep the findings quiet however, news about the research started to spread. Unions of workers, among other groups, demanded that asbestos producers inform people about the dangers.

During this period asbestos manufacturers were found to be negligent and ordered to compensate victims. This was possible because of laws that require anyone creating a dangerous product, to inform consumers so they can be protected.

By the 1980s, the pattern of asbestos litigation shifted. Instead of focusing on miners and asbestos lawsuits manufacturers, lawyers represented those exposed to asbestos in other workplaces. These included refineries, shipyards railways, power plants, and power stations. These claims often became large class actions.

One of the biggest problems with this type of litigation was that a lot of plaintiffs' lawyers were tasked with too much work. They were experts in soliciting and bundling clients to file lawsuits in large numbers. These massive filings were designed to overburden the court system and the defendants.

Many of the plaintiffs' firms were more concerned with generating profits than looking after their injured clientele. Some firms screened their clients with mobile vans that released radiographs, and refused compensation for serious illnesses like mesothelioma emerged.

Kazan Law specializes in representing clients diagnosed with asbestos-related illnesses including mesothelioma. They have been recognized 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) list server for plaintiffs only and attend AAJ's Annual and Winter Conventions. This extensive involvement in asbestos litigation gives our firm an unique advantage. We are able to provide our clients the most effective representation possible in these complicated cases.

Asbestos Class Actions

Mesothelioma lawsuits are filed on behalf of many people who have suffered similar asbestos injuries. These kinds of asbestos lawsuits allow victims to receive compensation without the need to make individual claims against a number of defendants which can be expensive and time-consuming.

Asbestos class actions can be a quicker way to get the compensation victims need. In a class action lawsuit, one plaintiff is chosen to represent the whole group. The plaintiff and their mesothelioma lawyers can concentrate on constructing strong cases in order to get the best outcome for the family of the victim.

There are numerous regions 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 dealt with efficiently, rather than going through multiple individual trials.

However it is important to keep in mind that class actions aren't always in the best interest of the victims. The main problem with mesothelioma settlements is that victims are not compensated as fully as they would in the event of filing their own lawsuit against the asbestos companies.

Levy Konigsberg LLP has a team of mesothelioma attorneys who have years of experience representing asbestos victims in class actions and other types litigation. For over two decades, we've been devoted to providing patients and their families with comprehensive legal support. Our attorneys know how to file mesothelioma lawsuits in both state and federal courts.

While the majority of our clients reside in and around New York, we regularly represent victims across the United States. We can assist you in obtaining the justice you deserve for a mesothelioma case against negligent asbestos manufacturers, whether you live in California, Florida or anywhere else. Call us today for an initial consultation for no cost. We're available to discuss your case and provide options to you.

Asbestos Bankruptcy Trusts

In the asbestos bankruptcy process, companies set aside money to compensate patients suffering from mesothelioma and various asbestos-related diseases. Instead of filing a lawsuit against the company, patients are able to file trust fund claims. The trusts are designed to ensure that there is enough money to pay all valid claims.

You must meet certain eligibility requirements to submit an application. You must have worked for the company that established the trust and be diagnosed with an asbestos-related disease to qualify. You should also be able to prove that you were exposed to asbestos, including employment records, affidavits of employees who worked with you and, in some instances, pathology reports or radiographs. If you're filing on behalf a deceased person you must also provide a death certificate.

Each asbestos lawsuits trust has its own set of rules to determine how to evaluate the merits of a claim. Some utilize a two-step expedited review process, whereas others use an individual review system. Lawyers with a specialization in asbestos attorney litigation can help you in determining the most efficient way to handle claims.

Asbestos trusts are required to pay fair compensation to claimants suffering from similar diseases. To be able to do this, they must have established disease levels that vary from mesothelioma through the pleural disease, without significantly limiting the pulmonary function.

It is normal for people to make trust funds and lawsuits against several asbestos companies accountable for their exposure. Under state law, companies may be required to divulge details about trust claims during the litigation discovery phase.

While certain states have passed legislation to prevent the sharing of this information, a lot of courts have allowed this to occur. The U.S. Department of Justice however, has called for greater accountability of asbestos trusts. They say they lack safeguards against fraudulent claims and improper management.

The American Association for Justice offers assistance and resources for asbestos lawyers. Members can join 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 lawyers of the group are primarily involved in cases involving asbestos-related diseases and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit may assist victims to receive compensation for their losses. Medical expenses, lost income, expenses for home care, emotional distress and pain and suffering are all covered. Asbestos-related victims may also be able to pursue punitive damages against negligent businesses who put profits before worker safety.

The amount of a settlement or award depends on the specific losses experienced by the victim. Each case should be examined by an experienced New York mesothelioma attorney who will ensure that victims receive the maximum compensation.

It's not easy to recognize and treat mesothelioma or other asbestos-related diseases. This is why it is critical that patients have a legal team on their side who is aware of the most appropriate sources of exposure and anticipate the defenses of responsible parties.

During the mesothelioma lawsuit process the victim's legal team spends time collecting evidence and investigating the victim's exposure to asbestos to establish that defendants' actions caused the asbestos lawsuits-related disease. They may also interview current and former employees who worked at the work locations where the 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 dangers associated with asbestos and did not protect their employees.

Although there aren't any official statistics about asbestos verdicts or cases in Connecticut, national data shows that the majority of asbestos cases settle before trial. The majority of asbestos cases that go to trial end in a win for the plaintiff. However there have been several asbestos jury awards that were reduced to account for the medical insurance benefits that victims or their loved ones received.

There are also many different types of asbestos litigation dockets in the country, each having distinct rules and procedures. In upstate New York the 5th Judicial District, which comprises Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket supervised by Justice Charles C. Merrell. The 4th District, on the other the other hand, has a judge committed to asbestos cases, Justice Richard T. Aulisi, and operates under a case management order that is asbestos-specific.