5 Asbestos Litigation Group Projects For Every Budget
Asbestos Litigation Group
You need a firm who can offer a comprehensive service regardless of whether you are working on asbestos litigation, or another toxic tort case. This includes electronic discovery management, high-tech depositions, and an all-encompassing solution for managing huge volumes of information.
The group is open to 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 long-running campaign to force asbestos companies pay victims for their exposure.
In the 1960s, health experts began to see that a connection existed between asbestos and diseases like mesothelioma. The asbestos industry tried to keep the findings quiet however, articles about this research began to surface. Unions of workers, among other groups, demanded that asbestos producers inform people about the dangers.
In the course of this time asbestos producers 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 so they can protect themselves.
In the 1980s, asbestos litigation started to change. Instead of focusing on Antioch asbestos lawyers and manufacturers, attorneys represented victims exposed to asbestos in other work environments. This included shipyards, refineries, railroads and power plants. These claims typically led to class actions of a large size.
One of the major issues with this pattern of litigation was that plaintiffs' lawyers took on too many tasks. They specialized in soliciting clients, bundling them together and filing lawsuits in large quantities. These mass filings were intended to overburden the court system and the defendants.
Many law firms representing plaintiffs focused on generating profits instead of focusing on their injured clients. Some even screened clients with mobile x-ray vans. They refused them compensation when serious illnesses arose like mesothelioma.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases such as 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 provides our firm with a distinct advantage. 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 group of people who have similar asbestos injuries. These kinds of asbestos lawsuits allow victims to get compensation without having to file individual claims against multiple defendants which can be expensive and time-consuming.
Asbestos class actions are also an effective method of obtaining the compensation that victims need. In a class action lawsuit, a plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma lawyers can focus on building strong cases to achieve the best possible outcome for the family of the victim.
There are many states in the US where asbestos exposure is very high. Class actions are common. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases into a single trial so that each case could be dealt with in an efficient manner instead of going through a series of trials.
It is crucial to remember that class actions may not always be in the best interests of the victims. The primary issue with mesothelioma settlements is that they often fail to provide victims with as much compensation as they would when they had filed their own 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 and other asbestos-related litigation. For more than two decades, we have dedicated ourselves to providing families and patients with comprehensive legal support. Our lawyers know the ins and outs of bringing mesothelioma-related lawsuits in state courts, as well as federal courts.
While the majority of our clients live in and around New York, we regularly represent victims throughout the United States. We can help you receive the compensation you deserve for mesothelioma lawsuits against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us today for a no-obligation consultation. We are willing to discuss your situation with you and explain to you the options that are available.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy procedure companies set aside money to compensate victims with mesothelioma and other asbestos-related illnesses. Instead of suing the company, victims are able to file trust fund claims. The trusts are designed to guarantee that there is enough money available to cover all legitimate claims.
You must meet certain eligibility requirements in order to file an application. To qualify, you must have worked in a place where the trust was created and have been diagnosed with an asbestos-related illness. You must also provide proof of exposure, such as employment documents, affidavits from employees who worked with you, and in some cases such cases, pathology reports or Xrays. If you are filing on behalf the deceased person you must provide a death certification.
In addition each asbestos trust has its own set of criteria for how to evaluate a claim. Some trusts use a two-step process called expedited review, while others employ an individual review process. Lawyers who specialize in asbestos litigation can assist you in determining the best way to handle claims.
Asbestos trusts are required to compensate claimants with similar diseases equally. To be able to do this, they must have established disease levels that vary from mesothelioma to pleural disease without significantly restricted lung function.
It is typical for people to bring lawsuits and trust funds against multiple asbestos companies responsible for their exposure. According to the law of the state, companies could be required to disclose details regarding trust claims during the litigation discovery phase.
While certain states have passed laws that prohibit the sharing, many courts have allowed it. However, the U.S. Department of Justice has been calling for more accountability in asbestos trusts, because they lack safeguards to prevent fraud and mismanagement.
The American Association for Justice offers 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 group's attorneys concentrate on cases involving asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may aid victims in receiving compensation for their losses. Medical bills, lost income expenses for home care, emotional distress and pain and suffering are all covered. Asbestos victims can also seek damages for punitive harm from negligent companies that put profits ahead of worker safety.
The amount of an award or settlement depends on the individual losses of the victim. It is vital that each case is assessed by an experienced New York mesothelioma lawyer who will ensure that victims receive maximum compensation.
Mesothelioma and other asbestos-related illnesses are not easy to diagnose or treat. This is why it is critical that victims have a legal team on their side who knows how to identify the sources of exposure and can anticipate the defenses of accountable parties.
During the mesothelioma lawsuit process, the victim's legal team spends time collecting evidence and investigating the victim's exposure to asbestos to prove that defendants' actions caused the asbestos-related disease. They might interview employees from the past and present who worked at the job places where their client was exposed. They can also review the records of the factory and financial documents to prove that the defendants were aware of the dangers that asbestos poses and did not take precautions to protect their employees.
While there are no public statistics that offer information about asbestos verdicts or cases in Connecticut, national data shows that the majority of asbestos cases settle before trial. The majority of those that go to trial end up being winning for the plaintiff, however there have been a few asbestos jury verdicts that have been reduced to reflect medical insurance benefits the victim or their loved family members received.
There are many kinds of asbestos litigation dockets across the nation, each with its own rules and procedures. In the upper reaches of New York, the 5th Judicial District (which includes Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket controlled by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge --- Justice Richard T. Aulisi -- and operates under an asbestos-specific case management order.