Asbestos Litigation Group

You require a company that can provide a full range of support regardless of whether you are working on asbestos litigation or a different toxic tort case. That includes providing electronic discovery management, high-tech deposition services; as well as a comprehensive solution to manage large volumes of information about the case.

This group is open to Regular, Life, Sustaining and President's Club AAJ members. It meets at the AAJ Annual and Winter conventions.

Asbestos Litigation History

Anna Pirskowski filed the first asbestos litigation online lawsuit in 1929 in Newark federal court. The case was not successful however it was the beginning of a long-running effort to make asbestos companies pay for their exposure.

In the 1960s, health scientists began to recognize a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry attempted to keep these findings quiet however, news articles about the research began to circulate. Unions of workers, among other groups, demanded asbestos manufacturers inform the public about the dangers.

During this time, numerous asbestos producers were found to be negligent and were required to pay compensation to victims. This was made possible by laws that require anyone who creates an unsafe product to provide information to consumers to protect themselves.

In the 1980s, asbestos litigation began to shift. Instead of focusing on asbestos miners and manufacturers, attorneys represented victims exposed to asbestos in other work environments. Railroads, refineries, and shipyards were among the places of work that were affected. These claims typically became large class actions.

One of the major issues with this litigation pattern was that plaintiffs' lawyers took on too many tasks. They were specialized in contacting clients, combining them and filing lawsuits in large quantities. They hoped to overtake the judiciary and defendants with these mass filings.

Many of the plaintiffs' firms were more concerned with generating profits rather than taking care of their injured clients. Some firms screened their clients using mobile vans that released x-rays, and denied compensation if serious diseases like mesothelioma developed.

Kazan Law specializes in representing clients diagnosed with asbestos-related illnesses including mesothelioma. They were ranked as "Best Lawyers for asbestos Litigation" by U.S. News & World Report. They attend the AAJ's Annual Convention and Winter Convention, and take part in regular meetings with the national Asbestos Trial Attorneys Association. The extensive involvement in asbestos litigation provides our firm with a distinct advantage. We can offer our clients the best representation possible in these difficult cases.

Asbestos Class Actions

Mesothelioma class actions are lawsuits that are filed on behalf of a large number of asbestos-related injuries. These asbestos lawsuits permit victims to receive compensation, without the need to file individual claims. This is time-consuming and expensive.

Asbestos class action lawsuits can be an effective method of getting victims the compensation they require. In a class action lawsuit, one plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma attorneys can focus on building solid cases to get the best outcome for the family of the victim.

Class actions can be found in various areas of the country with an elevated level of asbestos exposure. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma lawsuits into one trial, ensuring that each case could be resolved efficiently rather than having to go through several individual trials.

However it's important to keep in mind that class actions are not always in the best interests of victims. The most significant issue with mesothelioma settlements is that victims are not compensated as fully as they would be in the event of filing 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 forms of litigation. For more than 20 years, we have been devoted to providing complete legal assistance to patients and their families. Our lawyers know how to file mesothelioma cases both state and federal courts.

We represent victims across the United States, even though the majority of them live in or around New York. We can assist you in obtaining the compensation you deserve for a mesothelioma case against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us today to schedule a no-cost consultation. We're happy to discuss your situation and present the options to you.

latest asbestos litigation Bankruptcy Trusts

During the bankruptcy process of asbestos companies set aside money for compensation to victims with mesothelioma, or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients make trust fund claims. The trusts ensure that there will be enough money to cover any valid claims.

To make a claim through an asbestos trust you must satisfy eligibility requirements. You must have worked for a company that set up the trust and be diagnosed with an asbestos-related illness to qualify. You must also provide proof of exposure, which includes employment records, affidavits from people who worked with you, and in some cases the report of pathology or X-rays. If you are filing on behalf of the deceased person you must provide a death certificate.

Each asbestos trust also has its own set of rules to determine how to evaluate the merits of a claim. Some have a two-step process known as expedited review, and others have an individual review system. Lawyers who specialize in asbestos litigation will assist you in determining the best method for processing your claim.

Asbestos trusts are required to equitably compensate claimants who have similar diseases. To achieve this, they established the levels of disease that vary from mesothelioma that has no significant lung function to pleural diseases.

Many people make trust funds and lawsuits against multiple asbestos companies that are responsible for their exposure. Depending on state law, these companies must disclose information regarding trust claims during the discovery phase of the lawsuit.

While some states have passed laws that prohibit the sharing of this information, a lot of courts have allowed it to happen. However, the U.S. Department of Justice has been calling for more accountability for asbestos trusts, noting that they do not have security measures to stop fraud and mismanagement.

The American Association for Justice offers resources and support to asbestos lawyers. Members can network on the list server that is exclusively 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 attorneys in the group concentrate on cases involving asbestos-related diseases and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit may help victims receive compensation for their losses. Medical expenses, lost income, home-care expenses, emotional distress and pain and suffering are all included. Asbestos victims may also be able to pursue punitive damages against negligent businesses who place profits over worker safety.

The amount of a settlement or Asbestos Litigation Group award depends on the specific losses experienced by the victim. Each case must be assessed by a knowledgeable New York mesothelioma attorney who will ensure that victims receive the maximum compensation.

Mesothelioma and other asbestos-related illnesses are not easy to detect or attorney treat. It is essential that patients have a knowledgeable legal team who can identify the sources of exposure to asbestos and anticipate the defenses of the responsible parties.

During the mesothelioma litigation process, a victim's legal team will spend time collecting evidence and analyzing their exposure to asbestos to establish that the asbestos-related illness was caused by the defendants' actions. They might interview employees, both former and current, who worked at the job locations where the client was exposed. They may also examine financial documents and factory records that show the defendants knew about asbestos's dangers but did not take precautions to protect their workers.

Although there aren't any official statistics that provide information regarding asbestos cases or verdicts in Connecticut, national data shows that most asbestos cases settle before trial. Most cases that go to trial result in winning for the plaintiff, however there have been asbestos jury verdicts that were reduced to account for medical insurance benefits that the victim or loved loved ones received.

There are a variety of types of asbestos litigation dockets across the country, 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 that is managed by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge --- Justice Richard T. Aulisi and Asbestos Litigation Group operates under an asbestos-specific case management order.