Asbestos Litigation Group
If you're involved in asbestos litigation or another harmful tort matter, you need a firm that can offer comprehensive assistance. This includes electronic discovery management, high-tech depositions, and a complete solution for managing massive amounts of 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
Anna Pirskowski filed the first asbestos lawsuit in 1929 at Newark federal court in 1929. The case was not successful, but it triggered a decade-long effort by asbestos firms to compensate victims for their exposure.
In the 1960s, health researchers began to recognize a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry tried to hide the findings however, news about the research began to surface. Workers' unions, among other groups, demanded asbestos manufacturers inform the public about the dangers.
During this period asbestos producers were found to be negligent and ordered to pay compensation to victims. This was made possible by laws that require anyone who creates a dangerous product, to notify the public so that they can protect themselves.
In the 1980s, pattern of asbestos litigation changed. Instead of focusing on asbestos miners and manufacturers, lawyers represented those exposed to asbestos in other workplaces. These included refineries, shipyards railways, power plants and shipyards. These claims typically became large class actions.
This pattern of litigation had a number of problems and issues, among them the fact that plaintiffs' attorneys were tasked with a lot of work. They were specialized in contacting and coordinating clients to file lawsuits in huge quantities. These massive filings were designed to overburden the court system and the defendants.
Many of the plaintiffs' firms were more focused on generating profits rather than taking care of their clients who were injured. Some firms screened their clients using mobile vans that emitted radiographs, and refused compensation when serious illnesses like mesothelioma emerged.
The attorneys at Kazan Law specialize in representing those suffering from asbestos-related diseases, including mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in Asbestos Litigation." They participate in regular meetings of national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server and attend the AAJ's Annual and Winter Conventions. This broad involvement in asbestos litigation gives our firm an advantage that is unique. We can provide our clients with the best representation possible in these difficult cases.
Syracuse asbestos lawyers are lawsuits filed on behalf of a group of people with similar asbestos injuries. These types of asbestos lawsuits permit victims to get compensation without having to bring individual claims against several defendants, which can be costly and time-consuming.
Asbestos class actions are also an effective method of obtaining the compensation victims need. In the case of a class action, a single plaintiff is appointed to represent the entire group. The plaintiffs and their mesothelioma lawyers can focus on building strong arguments to obtain the best outcome for the victim and family.
Class actions are common in various areas of the country with a high concentration of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases in a single trial so that each case could be dealt with in an efficient manner instead of having to go through a series of trials.
However, it's important to remember that class actions aren't always in the best interests of the victims. The main problem with mesothelioma settlements is that the victims aren't compensated as well as they would be in the event of filing their own lawsuit against asbestos companies.
The mesothelioma attorneys at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other types of asbestos 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 cases in both state and federal courts.
We represent victims from all over the United States, even though the majority of them live in or around New York. If you reside in California or Florida we can help you get the compensation you deserve from a mesothelioma lawsuit against negligent asbestos producers. Contact us now to schedule a free consultation. We're happy to discuss your case with you and discuss with you the options that are available.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy procedure, companies set aside money to compensate patients suffering from mesothelioma and various asbestos-related illnesses. Instead of filing a lawsuit against the company, patients file trust fund claims. The trusts are designed to ensure that there is enough money available to pay all valid claims.
You must meet certain eligibility requirements to make an application. To qualify you must have worked at a company for which the trust was created and be diagnosed with an asbestos-related condition. You must also provide proof of exposure, such as employment documents, affidavits of people who worked with you and in certain cases such cases, pathology reports or Xrays. If you are filing on behalf someone who has passed away, you will need to provide a death certificate.
Each asbestos trust also has its own set of rules to determine the best way to assess a claim. Certain trusts have a two-step procedure called expedited review, while others use an individual review process. Lawyers who specialize in asbestos litigation can help you determine the best method of claim processing.
Asbestos trusts have to compensate claimants with similar diseases fairly. To determine this, they must have established disease levels that vary from mesothelioma through pleural disease without significantly restricted pulmonary function.
It is normal for people to bring lawsuits and trust funds against a variety of asbestos companies that are responsible for their exposure. Based on the state's law, these companies must disclose details about trust claims during the discovery phase of a lawsuit.
While certain states have passed laws that prohibit the sharing of this information, most courts have allowed it to happen. However the U.S. Department of Justice has been urging for greater accountability in asbestos trusts citing that they lack safeguards to prevent fraudulent claims and mismanagement.
The American Association for Justice provides support and resources for asbestos lawyers. Members can connect via a list server that is exclusively for plaintiffs and attend meetings during the AAJ's winter and annual conventions. The Asbestos Litigation Group welcomes 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 can help victims recover compensation for their losses. This includes medical expenses, income loss, home care expenses, emotional stress, pain and suffering, and lost quality of life. Asbestos victims may also be able seek punitive damages against negligent businesses that put profit over safety of workers.
The amount of an award or settlement is contingent on the specific losses experienced by the victim. Each case is examined by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.
It is not easy to identify and treat mesothelioma as well as other asbestos-related illnesses. It is important that victims have a knowledgeable legal team who can determine the sources of asbestos exposure and anticipate the defenses from the parties responsible.
During the mesothelioma lawsuit procedure, the victim's legal team is responsible for collecting evidence and analyzing the victim's exposure to asbestos to prove that the actions of defendants caused the asbestos-related illness. They might interview former and current employees who worked at the job locations where their client was exposed. They may also examine factory records and company financial documents to prove that the defendants were aware of the risks associated with asbestos exposure and did not protect their employees.
Although there aren't any official statistics in Connecticut which provide information on asbestos cases and verdicts, nationwide research indicates that the majority of asbestos cases settle prior to 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 which were reduced to take into account the medical insurance benefits victims or their loved ones received.
There are also many different kinds of asbestos litigation dockets across the country, each with distinct rules and procedures. In the upstate region of New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer and Jefferson) has an asbestos-specific docket 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.