Asbestos Litigation Group

Whether you're working on asbestos litigation or another harmful tort matter, you need a firm that can offer comprehensive assistance. This includes providing electronic discovery management, high-tech deposition solutions; and an all-encompassing solution to manage large volumes of case 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 not successful, however it was the beginning of a decade-long effort by asbestos companies to pay victims for their exposure.

In the 1960s, health experts began to see that a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry attempted to keep the findings from being revealed, but news articles about the research began to spread. Unions representing workers, along with other groups, demanded that asbestos manufacturers warn the public about the dangers of asbestos.

In this time asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was made possible through laws which require anyone who makes a hazardous product to provide information to consumers so that they can protect themselves.

In the 1980s, asbestos litigation began to evolve. Attorneys began representing asbestos-exposed workers in other industries, instead of focusing solely on asbestos miners and manufacturers. These included shipyards, refineries railways, power plants, and power stations. These claims often grew into large class actions.

One of the biggest issues with this litigation pattern was that plaintiffs' lawyers took on too many tasks. They were specialized in contacting clients, bundling them together and filing lawsuits in bulk. These massive filings were designed to overwhelm the court system as well as the defendants.

Many law firms representing plaintiffs focused on generating profits instead of taking care of their injured clients. Some even screened clients using mobile x-ray vans and refused them compensation if serious illnesses were discovered like mesothelioma.

The lawyers at Kazan Law specialize in representing those suffering from asbestos lawyer-related diseases such as mesothelioma. They were ranked as "Best Lawyers for asbestos Litigation" by U.S. News & World Report. They attend the AAJ's Annual Convention as well as the Winter Convention, and are involved in regular meetings with the national asbestos Lawyer Trial Attorneys Association. The extensive involvement in asbestos litigation provides our firm with a distinct advantage. We are able to provide our clients the most effective representation possible in these difficult cases.

asbestos lawyers Class Actions

Mesothelioma lawsuits are filed on behalf of many people who have suffered similar asbestos injuries. These types of asbestos lawsuits allow victims to get compensation without having to make individual claims against a number of defendants which can be costly and time-consuming.

Asbestos class action lawsuits can be an effective method of getting victims the compensation they need. In a class action, one plaintiff is chosen to represent the group as a whole. The plaintiffs and their mesothelioma lawyers will focus on constructing a strong arguments to obtain the best outcome for the family and victim.

There are numerous regions 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 in one trial, ensuring that each case could be dealt with efficiently instead of going through a series of trials.

However, it's important to keep in mind that class actions aren't always in the best interest of the victims. The primary issue with mesothelioma settlements is that they are often unable to provide victims with as much compensation as they would when they had filed their own lawsuit against the companies responsible for their asbestos exposure.

Levy Konigsberg LLP has a team of mesothelioma attorneys that have years of experience representing asbestos victims in class actions and other types of litigation. For more than two decades, we've committed ourselves to providing families of patients with a full legal assistance. Our lawyers are knowledgeable about the details of filing mesothelioma lawsuits in state courts, as well as federal courts.

We represent victims from all over the United States, even though the majority of them live in or around New York. We can help you get the justice you deserve for mesothelioma cases against negligent asbestos manufacturers, regardless of whether you live in California, Florida or anywhere else. Call us today for a free consultation. We're happy to discuss your situation and present the options to you.

Asbestos Bankruptcy Trusts

In the process of bankruptcy, asbestos companies, they reserve funds to compensate victims suffering from mesothelioma or other asbestos-related diseases. In lieu of suing a company or a person, victims can make an appeal to the trust fund. Trusts guarantee that there will be enough money to cover any valid claims.

To make a claim through an asbestos trust, you must meet eligibility requirements. You must have worked for the company that established the trust and be diagnosed with an asbestos-related disease to qualify. You must also show proof of exposure, including employment records, affidavits from people who worked for you and in some cases, pathology reports or X-rays. If you're filing on behalf of a deceased person you must submit the death certificate.

Additionally, each asbestos trust has its own criteria for how to evaluate an application. Some trusts use a two-step process called expedited review, while others have an individual review process. Lawyers who specialize on asbestos litigation can help you in determining the best method for processing claims.

Asbestos trusts must pay claimants suffering from similar diseases equitably. To do this, they have established disease levels that range from mesothelioma with no significant respiratory function to pleural disorders.

Many people file lawsuits and trust funds against a variety of asbestos companies that are responsible for their exposure. Under the law of the state, companies could be required to provide details about trust claims during the litigation discovery phase.

While some states have passed laws to prevent the sharing, many courts have allowed it. However, the U.S. Department of Justice has been calling for increased accountability in asbestos trusts, citing that they lack safeguards to prevent fraud and sloppy management.

The American Association for Justice offers assistance and resources to asbestos lawyers. Members can connect through a list server for plaintiffs only, and 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 attorneys in the group concentrate on cases involving asbestos-related diagnoses and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit can assist victims to receive compensation for their losses. Medical bills, lost income, home-care expenses, emotional distress and pain and suffering are all covered. Asbestos-related victims may also be able to seek damages for punitive harm against companies who place profits over safety of workers.

The amount of a settlement or award is contingent on the specific losses experienced by the victim. It is essential that every case is evaluated by an experienced New York mesothelioma lawyer who will ensure that victims receive the maximum amount of compensation.

It is not easy to identify and treat mesothelioma and other asbestos-related diseases. It is essential that patients have an experienced legal team who can determine the sources of asbestos exposure and anticipate defenses from the responsible parties.

In the mesothelioma lawsuit process, the lawyer representing the victim will spend time gathering evidence and analyzing their exposure to asbestos to prove that the asbestos-related illness was the result of defendants actions. They might interview current and former employees who worked on the job sites where their client was exposed. They may also examine documents from the factory or financial records that prove that the defendants were aware of the dangers associated with asbestos and did not protect their employees.

There aren't any public statistics for Connecticut that give information on asbestos cases and verdicts, national data indicates that most asbestos cases settle prior to trial. The majority of cases that reach trial result in winning for the plaintiff, however there have been a few asbestos jury verdicts that have been reduced to take into account medical insurance benefits the victim or their loved ones received.

There are also many different types of asbestos litigation dockets throughout the country, each with distinct rules and procedures. In the upper reaches of New York, the 5th Judicial District (which includes Onondaga, Oswego, Herkimer and Jefferson) has an asbestos-specific docket that is controlled by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -the judge - Justice Richard T. Aulisi -- and operates under an asbestos-specific case management order.