Why Asbestos Litigation Group Is Harder Than You Imagine
Asbestos Litigation Group
If you're working on asbestos litigation or another harmful tort issue, you require an organization that can provide comprehensive support. This includes electronic discovery management, high-tech depositions, and an all-encompassing solution for managing large volumes of information.
This group is open to Regular Life, Sustaining, and President's Club AAJ members. The group meets at both the AAJ Annual Convention as well as the 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 dismissed, however it was the beginning of an entire decade of effort by asbestos firms to compensate victims for their exposure.
In the 1960s, health experts began to recognize a connection existed between asbestos and diseases like mesothelioma. The asbestos industry fought to keep the findings from being revealed however, news about the research started to spread. Unions representing workers, along with other groups, demanded asbestos manufacturers 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 made possible through laws that require anyone who develops a dangerous product to give notice to consumers to protect themselves.
In the 1980s, the pattern of asbestos litigation had changed. Instead of focusing on asbestos miners and manufacturers, lawyers represented those exposed to asbestos in various other workplaces. Shipyards, refineries and railroads were among the industries that were affected. These claims typically resulted in large class actions.
One of the major issues with this pattern of litigation was that many plaintiffs' lawyers were tasked with too many tasks. They specialized in soliciting clients, aggregating them and filing lawsuits in bulk. They hoped to overtake the judicial system and defendants with these mass filings.
Many law firms for plaintiffs focused on generating profit rather than caring for their injured clients. Some even screened clients with mobile x-ray vans and denied them compensation when serious illnesses developed such as mesothelioma.
Kazan Law's attorneys Kazan Law specialize in representing those suffering from asbestos-related diseases which include mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They are involved in the regular meetings of the national asbestos attorneys Trial Attorneys Association (AJA) plaintiff-only list server and attend the 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 best possible representation in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large group of people with similar asbestos injuries. These kinds of asbestos lawsuits allow victims to receive compensation without the need to file individual claims against multiple defendants which can be costly and time-consuming.
Asbestos class actions can be an efficient method to obtain the compensation that victims need. In a class-action lawsuit, one plaintiff is chosen to represent the whole group. The plaintiff and their mesothelioma lawyers concentrate on constructing strong cases in order to get the best outcome for the victim and their family.
Class actions can be found in various areas of the country with a high concentration of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma lawsuits into a single case, ensuring that each claim could be resolved efficiently rather than having to undergo multiple individual trials.
It's important to remember that class actions may not always be in the best interests of victims. The main problem with mesothelioma settlements lies in the fact that victims aren't compensated as well as they would be when they filed 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 asbestos litigation. Since more than 20 years, we have been committed to providing comprehensive legal support to patients and their families. Our lawyers know how to file mesothelioma lawsuits in both state and federal courts.
We represent victims across 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 are entitled to from a mesothelioma lawsuit against negligent asbestos lawyer manufacturers. Call us now for a no-obligation consultation. We're more than happy to discuss your case with you and explain to you the options available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies set aside money to compensate victims of mesothelioma, or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients file trust fund claims. Trusts guarantee that there is enough money to cover any valid claims.
You must meet certain eligibility requirements to submit a claim. To qualify you must have been employed in a place where the trust was created and be diagnosed with an asbestos-related disease. You must also show proof of exposure, such as employment documents, affidavits from employees who worked with you and in certain instances, pathology reports or X-rays. If you're filing on behalf a deceased person you must also provide an official death certificate.
In addition each asbestos trust has its own rules for how to review a claim. Some trusts use a two-step speedy review process, while others use an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the most efficient way to handle claims.
Asbestos trusts are required to equitably compensate claimants who have similar diseases. To achieve this, they established disease levels that range from mesothelioma that has no significant respiratory function to pleural disorders.
It is typical for people to file trust funds and lawsuits against multiple asbestos companies responsible for their exposure. According to the laws of each state the companies are required to disclose details about trust claims during the discovery phase of a lawsuit.
While certain states have passed laws to stop the sharing, many courts have allowed it. The U.S. Department of Justice however, has pushed for greater accountability of asbestos trusts. They claim that they are not protected from fraudulent claims and poor management.
The American Association for Justice offers assistance and resources for asbestos lawyers. Members can network through a list server for plaintiffs only and also 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 lawyers of the group primarily handle cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can aid victims in receiving compensation for their losses. These include medical expenses, loss of income and home care costs, emotional suffering, distress and loss of quality of life. Asbestos-related 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 will depend on the specific losses suffered by the victim. Each case must be examined by an experienced New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
Mesothelioma and other asbestos-related diseases are not easy to detect or treat. It is essential that patients have an experienced legal team that can pinpoint the sources of asbestos exposure and anticipate the defenses of the parties responsible.
In the mesothelioma lawsuit process, a lawyer representing the victim will be able to gather evidence and investigating their exposure to asbestos in order to establish that the asbestos-related illness was the result of defendants' actions. They might interview employees, both former and current, who worked at the locations where the client was exposed. They may also examine financial documents and factory records that reveal that the defendants were aware about asbestos's dangers but failed to protect their employees.
Although there aren't any official statistics that offer information about asbestos verdicts or cases in Connecticut however, data from across the country shows that the majority of asbestos cases end up in court before trial. The majority of asbestos cases that go to trial result in a win for the plaintiff. However, there have been several asbestos jury award cases which were reduced to account for the medical insurance benefits that victims or their loved family members received.
There are a variety of asbestos litigation dockets across the United States, each having their own rules and procedures. In the upstate region of New York the 5th Judicial District which comprises Onondaga and Oswego and Herkimer and Jefferson has an asbestos lawsuit docket overseen by Justice Charles C. Merrell. The 4th District, on the other hand has a judge dedicated to asbestos cases, Justice Richard T. Aulisi and is operating under an order for case management that is asbestos-specific.
