Asbestos Litigation Group

You require a firm that can offer a comprehensive service whether you're working on asbestos litigation or a different toxic tort case. This includes providing electronic discovery management; high-tech deposition solutions; and a comprehensive solution to manage large volumes of case information.

This group is open to Regular Life, Sustaining, Life and President's Club AAJ members. The group meets at both the AAJ Annual Convention as well as the 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, however it was the beginning of the beginning of a decade-long campaign by asbestos companies to compensate victims for exposure.

In the 1960s health researchers began to discover a link between asbestos and certain diseases like mesothelioma. The asbestos industry tried to keep the findings from being revealed, but news articles about the research started to surface. Workers' unions and other groups began demanding that asbestos producers be required to inform people about the dangers of the dangerous mineral.

In this time asbestos producers were found to be negligent and ordered to pay compensation to victims. This was made possible by the laws that require anyone who creates a dangerous product to give the consumer a warning so that they can protect themselves.

By the 1980s, the pattern of asbestos litigation changed. Attorneys began representing asbestos-exposed workers in other industries, instead of focusing solely on asbestos miners and asbestos manufacturers. This included shipyards, refineries, railroads and power plants. These claims typically grew into large class actions.

One of the major issues with this pattern of litigation was that many plaintiffs' lawyers were tasked with too much work. They were specialized in contacting and bundling clients to file lawsuits in huge numbers. These mass filings were intended to overwhelm the court system and the defendants.

Many plaintiffs' law firms focused on generating profit instead of focusing on their injured clients. Some firms screened their clients with mobile vans that released radiographs, and refused compensation when serious illnesses such as mesothelioma emerged.

Kazan Law specializes in asbestos litigation in representing clients suffering from asbestos-related illnesses, including mesothelioma. They have been ranked by U.S. News & World Report as "Best Lawyers in Asbestos Litigation." They are involved in the regular meetings of the national Asbestos Trial Attorneys Association (AJA) list server for plaintiffs only and attend the AAJ's Annual and Winter Conventions. This extensive involvement in asbestos litigation gives our firm an unique advantage. We can offer our clients the most effective representation possible in these difficult cases.

Asbestos Class Actions

Mesothelioma class actions are lawsuits filed on behalf of a large number of people who have similar asbestos injuries. These asbestos lawsuits permit victims to receive compensation, without the need to submit individual claims. This can be costly 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 lawyers can concentrate on building strong cases in order to obtain the best outcome for the victim and their family.

There are a variety of states in the US specializes in asbestos litigation which asbestos exposure is high. Class actions are common. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma lawsuits into a single trial so that each case could be dealt with efficiently instead of having to go through multiple individual trials.

It is important to keep in mind that class actions may not always be in the best interests of victims. The biggest issue with mesothelioma settlements is that victims aren't compensated as well as they would when they filed their own lawsuit against asbestos companies.

Levy Konigsberg LLP has a team of mesothelioma lawyers who are skilled in representing asbestos victims in class actions and other types of litigation. For over two decades, we have dedicated ourselves to providing families and patients with comprehensive legal support. Our lawyers know how to file mesothelioma cases in both state and federal courts.

While the majority of our clients live in and around New York, we regularly represent victims across the United States. No matter if you are in California or Florida we can assist you receive the money you deserve from a mesothelioma lawsuit against negligent asbestos manufacturers. Call us today for a free consultation. We are willing to discuss your situation with you and discuss with you the options available.

Asbestos Bankruptcy Trusts

During the bankruptcy process of asbestos-related companies, they set aside funds for compensation to victims with mesothelioma or other asbestos-related diseases. Instead of suing the company, victims make trust fund claims. The trusts are designed to guarantee that there is enough money to pay for Asbestos Litigation Group all claims that are valid.

To file a claim with an asbestos trust you must satisfy the eligibility requirements. To qualify, you must have worked in a place where the trust was created and have been diagnosed with an asbestos-related disease. You must also submit evidence of exposure, which includes employment documents, affidavits of people who worked with you and in some instances, pathology reports or X-rays. If you're filing on behalf someone who died you must submit the death certificate.

Each asbestos trust also has its own set of criteria to determine the best way to assess claims. Some utilize a two-step expedited review process, while others use an individual review system. Lawyers who specialize in asbestos litigation will assist you in determining the most effective method of claim processing.

Asbestos trusts have to compensate claimants with similar diseases equally. To achieve this, they have established levels of disease that range from mesothelioma without significant pulmonary function to pleural diseases.

Many people make trust funds and lawsuits against multiple asbestos companies who are responsible for their exposure. Depending on state law the companies are required to disclose information regarding trust claims during the discovery phase of a lawsuit.

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 cite that they are not protected from fraudulent claims and poor management.

The American Association for Justice offers resources and support to asbestos lawyers. Members can network via a list server that is exclusively for plaintiffs, and attend meetings at the AAJ's annual and winter 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 diseases and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit will allow victims to recover compensation for their losses. These include medical expenses, income loss, home care expenses, emotional stress, pain and suffering and loss of quality of life. Asbestos-related victims can also seek punitive damages from negligent companies who put profits before worker safety.

The amount of a settlement or award is contingent on the unique losses suffered by the victim. Each case must be assessed by a knowledgeable New York mesothelioma attorney who will ensure victims receive maximum compensation.

Mesothelioma and other asbestos-related illnesses are difficult to identify or treat. It is crucial that the victims have a skilled legal team who can identify the sources of asbestos exposure and anticipate defenses from the liable parties.

In the mesothelioma lawsuit process, the victim's legal team will spend time gathering evidence and analyzing their exposure to asbestos in order to prove that the asbestos-related illness was the result of defendants actions. They may interview former and current employees who worked at the work places where the victim was exposed. They may also review the records of factories and financial documents that show the defendants knew about asbestos' dangers and failed to protect their employees.

While there are no public statistics that provide information on asbestos cases or verdicts in Connecticut however, data from across the country shows that the majority of asbestos cases end up specializes in asbestos litigation court before trial. The majority of those that go to trial end up being a victory for the plaintiff, even though there have been asbestos jury verdict cases that were reduced to reflect medical insurance benefits the victim or their loved ones received.

There are numerous types of asbestos litigation dockets throughout the United States, each with its specific rules and procedures. In the upstate region of New York, the 5th Judicial District (which includes 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.