What Is The Reason Asbestos Litigation Group Is Right For You
Asbestos Litigation Group
Whether you're working on asbestos litigation or another hazardous tort issue, you require a firm that can offer complete assistance. Suffolk asbestos attorneys includes providing electronic discovery management, high-tech deposition services; and an all-encompassing solution to manage large volumes of case information.
The group is open to members of all AAJ members, including Regular, Life, Sustaining, and President's club members. It meets at the AAJ Annual and Winter conventions.
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, but it triggered the beginning of a decade-long campaign by asbestos companies to compensate victims for exposure.
In the 1960s health researchers began to recognize a connection between asbestos and various diseases like mesothelioma. The asbestos industry tried to keep the findings quiet however, news about the research began to surface. Unions of workers, among other groups, demanded that asbestos producers inform the public about the dangers of asbestos.
In the course of this time asbestos manufacturers were found to be negligent and ordered to compensate victims. This was made possible through laws that require anyone who develops a hazardous product to provide the consumer a warning so that they can protect themselves.
In the 1980s, the pattern of asbestos litigation shifted. Instead of focusing on miners and asbestos manufacturers, attorneys represented victims exposed to asbestos in other workplaces. Railroads, refineries, shipyards and shipyards were among the workplaces that were affected. These claims typically became large class actions.
One of the biggest issues with this pattern of litigation was that a lot of plaintiffs' lawyers were tasked with too much work. They were experts in soliciting and coordinating clients to file lawsuits in large quantities. They were hoping to overwhelm the judicial system and the defendants by filing massive lawsuits.
Many plaintiffs' firms were more concerned with generating profits than caring for their clients who were injured. Some even screened their clients with mobile x-ray vans and refused them compensation if serious illnesses were discovered like mesothelioma.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases such as mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They are involved in regular meetings of national Asbestos 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 a unique edge. We are able to provide our clients the most effective representation possible in these complicated cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a group of people who have similar asbestos injuries. These asbestos lawsuits enable victims to receive compensation without the need to submit individual claims. This can be costly and time-consuming.
Asbestos class action lawsuits are a quicker way to get the compensation victims need. In a class action, one plaintiff is chosen to represent the entire group. The plaintiffs and their mesothelioma attorneys are able to focus on building a solid arguments to get the best outcome for the victim and family.
There are numerous areas in the United States where asbestos exposure is very high. Class actions are common. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases into one trial, ensuring that each case could be resolved in an efficient manner instead of going through multiple individual trials.
However it's important to remember that class actions aren't always in the best interest of the victims. The main issue with mesothelioma settlements is that they are often unable to provide victims with the same compensation as they would have received in the event of filing their own individual lawsuit against the companies accountable for their asbestos exposure.
The mesothelioma lawyers of Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos litigation. For more than two decades, we have committed ourselves to providing families and patients with a full legal assistance. Our attorneys understand the details of filing mesothelioma lawsuits in 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. We can help you receive the compensation you deserve for mesothelioma cases against negligent asbestos manufacturers, whether you live in California, Florida or anywhere else. Contact us now for a no-obligation consultation. We're more than willing to discuss your situation with you and go over with you the options available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies, they reserve funds for compensation to victims with mesothelioma and other asbestos-related illnesses. Instead of suing a company, victims can make a trust fund claim. The trusts are created to ensure that there is enough money to pay all valid claims.
To file a claim with an asbestos trust you must meet the eligibility requirements. You must have worked for the company that established the trust and be diagnosed with an asbestos-related illness to be eligible. You must also prove that you were exposed to asbestos, including employment records, affidavits from employees who worked with you and, in some cases, pathology reports or radiographs. If you are filing on behalf someone who has passed away, you will need to provide a death certificate.
Additionally each asbestos trust has its own criteria for evaluating an application. Some use a two-step expedited review process, while others rely on an individual review system. Lawyers who specialize on asbestos litigation can assist you in determining the most efficient way to handle claims.
Asbestos trusts must pay claimants suffering from similar diseases equally. To determine this, they have established disease levels that range from mesothelioma to pleural disease without significantly restricted lung function.
People often make trust funds and lawsuits against multiple asbestos companies who are responsible for their exposure. Based on the state's law the companies are required to disclose information regarding trust claims during the discovery phase of a lawsuit.
While certain states have passed laws that prohibit the sharing of this information, many courts have allowed this to happen. However, the U.S. Department of Justice has been urging for greater accountability in asbestos trusts, because they lack protections against fraud and sloppy management.
The American Association for Justice offers assistance and resources for asbestos lawyers. Members can connect through a list server for plaintiffs only and also attend meetings during the AAJ's winter and annual conventions. The Asbestos Litigation Group is open to Regular, Life, Sustaining and President's Club AAJ members. The lawyers of the group primarily handle cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit can assist victims to receive compensation for their losses. These include medical expenses, loss of income, home care expenses, emotional distress, pain and suffering, and lost quality of life. Asbestos victims may also be able to seek damages for punitive harm against companies that put profit over worker safety.
The amount of an award or settlement depends on the individual losses of the victim. Each case should be assessed by a knowledgeable New York mesothelioma attorney who will ensure victims receive maximum compensation.
Mesothelioma and other asbestos-related illnesses are not easy to detect or treat. It is crucial that the victims have a skilled legal team who can identify the sources of exposure to asbestos and anticipate defenses from the liable parties.
During the mesothelioma lawsuit process, the victim's legal team will be gathering evidence and analyzing the asbestos exposure of the victim to prove that defendants' actions caused the asbestos-related disease. They might interview former and current employees who worked at the job sites where the client was exposed. They may also examine the financial records and factory records that reveal that the defendants were aware about the dangers of asbestos and failed to protect their workers.
While there aren't any public data in Connecticut that give information on asbestos cases and verdicts. However, national data indicates that most asbestos cases settle before trial. Most asbestos cases that reach trial end in a win for the plaintiff. However there have been a few asbestos jury award cases that were reduced to account for the medical insurance benefits that the victim or loved ones received.
There are numerous types of asbestos litigation dockets in the United States, each with its own 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 controlled 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.