The Reasons Asbestos Litigation Group Is More Difficult Than You Imagine
Asbestos Litigation Group
If you're involved in asbestos litigation or another hazardous tort matter, you need an organization that can provide comprehensive support. This includes electronic discovery management, high-tech depositions and a complete solution for managing massive amounts of information.
This group is open to Regular, Life, Sustaining and President's Club AAJ members. It meets at the AAJ Annual and Winter conventions.
Asbestos Litigation History
Anna Pirskowski filed the first asbestos lawsuit in 1929 in Newark federal court. The case was unsuccessful however it was the beginning of a decade-long effort by asbestos companies to pay victims for exposure.
In the 1960s health researchers began to notice a link between asbestos and various diseases such as mesothelioma. The asbestos industry tried to hide the findings however, articles about this research began to circulate. Unions representing workers, along with other groups, demanded that asbestos manufacturers warn people about the dangers.
In this time asbestos producers were found to be negligent and ordered to compensate victims. This was possible because of laws that require anyone creating a hazardous product to inform consumers to be protected.
In the 1980s, pattern of asbestos litigation changed. Instead of focusing on asbestos miners and manufacturers, lawyers represented people exposed to asbestos in other work environments. Shipyards, refineries and railroads were among the workplaces that were affected. These claims often led to class actions of a large size.
One of the biggest issues with this litigation pattern was that many plaintiffs' lawyers were tasked with too many tasks. They specialized in contacting clients, aggregating them and filing lawsuits in large quantities. They wanted to take over the judicial system and the defendants by filing massive lawsuits.
asbestos class action litigation  representing plaintiffs were more focused on making profits than looking after their clients who were injured. Some even screened clients using mobile x-ray vans, and denied them compensation if serious illnesses were discovered like mesothelioma.
Kazan Law specializes in representing clients suffering from asbestos-related illnesses 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 participate in regular meetings with the national Asbestos Trial Attorneys Association. The extensive involvement in asbestos litigation gives our firm an unique advantage. We can offer our clients the best possible representation in these complex cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of many people who have suffered similar asbestos injuries. These types of asbestos lawsuits permit victims to receive compensation without having to make individual claims against a number of defendants which can be expensive and time-consuming.
Asbestos class action lawsuits are also 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 plaintiff and their mesothelioma attorneys can concentrate on building strong cases to get the best outcome for the victim and their family.
There are numerous regions in the United States in which asbestos exposure is high. Class actions are common. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma cases into a single instance, so that each claim could be dealt with efficiently, rather than having to undergo multiple individual trials.
It is important to keep in mind that class actions might not be in the best interest of the victims. The main problem with mesothelioma settlements lies in the fact that victims aren't compensated as well as they would if they filed their own lawsuit against asbestos companies.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos-related litigation. For over two decades, we have committed ourselves to providing families and patients with a full legal assistance. Our lawyers are knowledgeable about the details of filing mesothelioma lawsuits state courts, as well as federal courts.
We represent victims all over the United States, even though the majority of them reside in or around New York. Whether you live in California or Florida we can help you receive the money you are entitled to from a mesothelioma lawsuit against negligent asbestos manufacturers. Contact us today for a no-cost consultation. We're happy to discuss your case with you and explain to you the options available.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process, companies set aside money to compensate patients suffering from mesothelioma and various asbestos-related diseases. Instead of suing a company the victims can submit a trust fund claim. The trusts guarantee that there is enough money to cover any valid claims.
You must meet certain eligibility requirements to file an application. You must have worked for a company that created the trust and be diagnosed with an asbestos-related condition to be eligible. You should also be able to prove that you were exposed to asbestos, for example employment records, affidavits of people who worked with your and, in some cases radiographs or pathology reports. If you are filing on behalf of someone who has passed away, you will need to submit a death certificate.
Each asbestos trust also has its own criteria for evaluating a claim. Some have a two-step process called expedited review, whereas others employ an individual review process. Lawyers who specialize on asbestos litigation can help you in determining the best method for processing claims.
Asbestos trusts have to compensate claimants suffering from similar diseases equally. To determine this, they have established disease levels that vary from mesothelioma to the pleural disease, without significantly limiting pulmonary function.
It is typical for people to make trust funds and lawsuits against several asbestos companies accountable for their exposure. In accordance with state law, businesses may be required to divulge information regarding trust claims during the litigation discovery phase.
While some states have passed laws to stop the sharing of this information, most courts have allowed this to occur. However the U.S. Department of Justice has been calling for more accountability in asbestos trusts, citing that they lack safeguards to prevent fraudulent claims and mismanagement.
The American Association for Justice provides resources and support for asbestos lawyers. Members can join a plaintiff-only list server 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 primarily handle cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can allow victims to recover compensation for their losses. Medical bills, lost income expenses for home care, emotional distress and suffering are all included. Asbestos-related victims can also seek punitive damages from negligent businesses that place profits over worker safety.
The amount of an award or settlement depends on the specific losses suffered by the victim. It is essential that every case is evaluated by an experienced New York mesothelioma lawyer who will ensure that victims receive the maximum amount of compensation.
It is not easy to diagnose and treat mesothelioma and other asbestos-related diseases. It is important that victims have an experienced legal team that can pinpoint the sources of exposure to asbestos and anticipate the defenses from the responsible parties.
During the mesothelioma litigation process, the lawyer representing the victim will spend time collecting evidence and analyzing their exposure to asbestos in order to prove that the asbestos-related illness was caused by defendants' actions. They may interview former and current employees who worked at the work locations where the client was exposed. They may also examine documents from the factory or financial documents to 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 public statistics that offer information about asbestos verdicts or cases in Connecticut but national data indicates that most asbestos cases settle before trial. Most asbestos cases that reach trial end with a victory for the plaintiff. However there have been a few asbestos jury awards which were reduced to reflect the medical insurance benefits the victim or their loved family members received.
There are also many different types of asbestos litigation dockets in the nation, each with its own specific rules and procedures. In upstate New York the 5th Judicial District that includes Onondaga and Oswego and Herkimer and Jefferson, has an asbestos docket overseen by Justice Charles C. Merrell. The 4th District, on the other hand has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi and is governed by an order for case management that is specifically geared towards asbestos.