What Is Asbestos Litigation Group And Why Is Everyone Talking About It
Asbestos Litigation Group
If you're working on asbestos litigation or another harmful tort issue, you require a firm that can offer complete support. This includes electronic discovery management, high-tech depositions, and a comprehensive solution to manage huge volumes of information.
The group is open to all AAJ members which includes Regular, Life, Sustaining, and President's club 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 not successful however it was the start of a decades-long campaign to force asbestos companies pay compensation to victims of their exposure.
In the 1960s, health experts began to see that there was a link between asbestos and diseases like mesothelioma. The asbestos industry tried hard to keep the findings quiet however, articles about this research began to surface. Workers' unions, among other groups, demanded that asbestos producers inform the public about the dangers of asbestos.
In 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 creates a dangerous product to give notice to consumers to ensure they are protected themselves.
In the 1980s, asbestos litigation began to evolve. Attorneys began representing asbestos-exposed employees in other industries, instead of focusing solely on asbestos miners and asbestos manufacturers. Railroads, refineries, shipyards and shipyards were among the industries that were affected. These claims typically resulted in large class actions.
This pattern of litigation had a number of problems, including the fact that plaintiffs' attorneys were tasked with a lot of work. They specialized in soliciting and bundling clients to file lawsuits in huge numbers. They wanted to take over the judicial system and defendants by filing massive lawsuits.
Many firms representing plaintiffs were more focused on making profits than caring for their injured clients. Some even screened their clients with mobile x-ray vans and refused them compensation when serious illnesses arose like mesothelioma.
Kazan Law specializes in representing clients suffering from asbestos-related illnesses including 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 Trial Attorneys Association (AJA) list server for plaintiffs only and attend the AAJ's Annual and Winter Conventions. This broad involvement in asbestos litigation gives our firm an advantage. We are able to provide our clients the most effective representation possible in these complex cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large number of people who have similar asbestos injuries. These asbestos lawsuits enable victims to be compensated without the need to file individual claims. This can be costly and time-consuming.
Asbestos class actions can be an efficient method to obtain the compensation victims need. In a class-action lawsuit, the plaintiff is selected to represent the whole group. The plaintiffs and their mesothelioma attorneys can focus on building solid arguments to get the best result for the family and victim.
Class actions are common throughout the country that have an elevated level of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single case, ensuring that each claim could be settled efficiently, rather than having to go through several individual trials.
However, it's important to remember that class actions are not always in the best interests of victims. The most significant issue with mesothelioma settlements lies in the fact that victims are not compensated as fully as they would be if they filed their own lawsuit against the asbestos attorneys companies.
The mesothelioma lawyers of Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other types of asbestos litigation. For over two decades, we've dedicated ourselves to providing patients and their families with a full legal assistance. Our attorneys understand the ways and disadvantages of bringing mesothelioma-related lawsuits in state courts as well as federal courts.
While the majority of our clients reside in and around New York, we regularly represent victims across the United States. If you reside in California or Florida we can assist you receive the compensation you deserve as a result of a mesothelioma lawsuit against negligent asbestos manufacturers. Contact us now for a no-obligation consultation. We're willing to discuss your situation with you and go over with you the options available.
Asbestos Bankruptcy Trusts
In the process of bankruptcy, asbestos companies, they reserve funds for compensation to victims with mesothelioma and other asbestos-related illnesses. Instead of suing a company, victims can file an appeal to the trust fund. The trusts are designed to ensure that there is enough money available to cover all legitimate claims.
You must meet certain eligibility requirements in order to file an application. You must have worked for the company that set up the trust and be diagnosed with an asbestos-related disease to qualify. You must also provide proof of exposure, including employment documents, affidavits from employees who worked with you, and in certain cases the report of pathology or X-rays. If you are filing on behalf of a deceased individual you must provide a death certification.
Each asbestos trust also has its own set of rules for evaluating claims. Some use a two-step expedited review process, while others use an individual review system. Lawyers who specialize on asbestos litigation can assist you in determining the best way to handle claims.
Asbestos trusts are required to compensate claimants suffering from similar diseases equally. To be able to do this, they must have established disease levels, which range from mesothelioma to pleural disease without significantly restricted lung function.
It is typical for people to make trust funds and lawsuits against multiple asbestos companies responsible for their exposure. Based on the state's law, these companies must disclose details about trust claims during the discovery phase of the lawsuit.
While certain states have passed laws that prohibit sharing, many courts have allowed the sharing. The U.S. Department of Justice however, has called for greater accountability for asbestos trusts. They claim that they aren't protected against fraudulent claims and poor management.
The American Association for Justice offers resources and support to asbestos lawyers. Members can connect on an exclusive list server 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 lawyers in the group primarily handle cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may aid victims in receiving compensation for their losses. This includes medical expenses, loss of income, home care expenses emotional distress, pain and suffering and loss of quality of life. Asbestos victims may also seek damages for punitive harm from negligent businesses that place profits over worker safety.
The amount of an award or settlement will depend on the specific losses suffered by the victim. Each case should be assessed by a knowledgeable New York mesothelioma attorney who will ensure victims receive maximum compensation.
It is not easy to diagnose and treat mesothelioma or other asbestos-related diseases. This is why it is crucial that the victims have a legal team that knows how to find the sources of exposure and anticipate defenses from the accountable parties.
During the mesothelioma lawsuit process the legal team of the victim spends time collecting evidence and investigating the victim's exposure to asbestos to establish that the actions of defendants caused the asbestos-related illness. They can interview former and current employees who worked at the job sites where their client was exposed. They can also look over factory records and company financial documents that show that the defendants were aware of the risks associated with asbestos exposure and did not take precautions to protect their employees.
While there are no public statistics regarding asbestos cases or verdicts in Connecticut but national data indicates that the majority of asbestos cases are settled before trial. Most asbestos lawyer cases that reach trial end in a win for the plaintiff. However, there have been several asbestos jury awards which were reduced to account for the medical insurance benefits the victim or their loved family members received.
There are numerous types of asbestos litigation dockets across the United States, each having their own rules and procedures. In upstate New York the 5th Judicial District that comprises 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 operates under an order for case management that is specifically geared towards asbestos.