Asbestos Litigation Group

If you're working on asbestos litigation or another toxic tort matter, you need a firm that can offer an extensive support. This includes electronic discovery management, high-tech depositions and a comprehensive solution to manage huge 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 and 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, but it triggered the beginning of a decade-long campaign by Asbestos law & Litigation firms to compensate victims for their exposure.

In the 1960s, health scientists began to see that there was a link between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried to hide these findings but news reports about the research began to spread. Workers' unions, among other groups, demanded asbestos manufacturers warn the public about the dangers of asbestos.

In the course of this time, a number of asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was possible because of laws that require anyone creating a dangerous product, to notify the public so that they can protect themselves.

In the 1980s, asbestos litigation started to shift. Instead of focusing on asbestos miners and manufacturers, attorneys represented victims exposed to asbestos in other workplaces. Railroads, refineries, shipyards and Asbestos law & Litigation shipyards were among the industries that were affected. These claims often became large class actions.

One of the biggest issues with this pattern of litigation was that a lot of plaintiffs' lawyers took on too many tasks. They were specialized in contacting and coordinating clients to file lawsuits in large numbers. The purpose of these mass filings was to overwhelm the court system and the defendants.

Many plaintiffs' law firms focused on generating profits instead of taking care of their injured clients. Some firms screened their clients using mobile vans that emitted x-rays, and denied compensation if serious diseases like mesothelioma emerged.

The lawyers at Kazan Law specialize in representing individuals diagnosed with 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 regular meetings of the national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, and attend AAJ's Annual and Winter Conventions. The extensive involvement in asbestos litigation provides our firm with an advantage that is unique. We can provide our clients with the most effective representation in these difficult cases.

Asbestos Class Actions

Mesothelioma class actions are lawsuits filed on behalf of a large number of people with similar asbestos injuries. These kinds of asbestos lawsuits enable victims to receive compensation without the need to make individual claims against a number of defendants which can be expensive and time-consuming.

Asbestos class actions can be an effective method of obtaining the compensation victims need. In a class action lawsuit, the plaintiff is selected to represent the whole group. The plaintiffs and their mesothelioma attorneys will focus on constructing a solid arguments to get the best result for the family of the victim.

There are a variety of areas in the United States where asbestos exposure is high. Class actions are frequent. 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 settled in an efficient manner rather than having to go through a series of trials.

It is important to keep in mind that class actions might not be in the best interest of victims. The main problem with mesothelioma settlements is that they often fail to provide victims with as much compensation as they would have received in the event of filing their own lawsuit against the companies accountable for their asbestos exposure.

Levy Konigsberg LLP has a team of mesothelioma lawyers who are skilled in representing asbestos victims in class actions and other forms of litigation. Since over 20 years, we have been devoted to providing complete legal assistance to patients and their families. Our attorneys understand the ins and outs 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 throughout the United States. We can assist you in obtaining the justice you deserve for mesothelioma lawsuits against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us today to schedule an initial consultation for no cost. We are eager to discuss your case with you and discuss with you the options available.

Asbestos Bankruptcy Trusts

In the asbestos bankruptcy process, companies set aside money to pay compensation for patients suffering from mesothelioma and various asbestos-related illnesses. In lieu of suing a business or a person, victims can make a trust fund claim. The trusts are designed to ensure that there is enough money available to pay all valid claims.

You must meet certain eligibility requirements to file an application. You must have worked for a company that set up the trust and be diagnosed with an asbestos-related condition to be eligible. You must also show proof of exposure, which includes employment documents, affidavits from employees who worked for you and, in some instances, pathology reports or X-rays. If you are filing on behalf someone who has passed away, you will need to submit a death certificate.

Each asbestos trust also has its own criteria to determine the best way to assess claims. Some trusts use a two-step process called expedited review, whereas others employ an individual review process. Lawyers with a specialization in asbestos litigation can help you in determining the best method for processing claims.

Asbestos trusts must compensate claimants with similar diseases equitably. To determine this, they must have established disease levels, which vary from mesothelioma through Pleural disease that is not significantly restricted in pulmonary function.

Many people make trust funds and lawsuits against multiple asbestos companies who are responsible for their exposure. Based on the state's law they must provide information regarding trust claims during the discovery phase of a lawsuit.

While some states have passed laws to prevent sharing, many courts have allowed the sharing. The U.S. Department of Justice however, has called for greater accountability of asbestos trusts. They claim that they aren't protected against fraudulent claims and mismanagement.

The American Association for Justice provides assistance and resources for asbestos lawyers. Members can join a plaintiff-only list server 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 diagnoses and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit can help victims recover compensation for their losses. These include medical expenses, income loss and home care costs emotional stress, pain and suffering, and lost quality of life. Asbestos victims might also be able seek punitive damages against negligent companies that put profit over worker safety.

The amount of a settlement or award depends on the specific losses experienced by the victim. It is vital that each case be evaluated by a skilled New York mesothelioma lawyer who will ensure that victims receive the maximum amount of compensation.

It's not easy to recognize and treat mesothelioma as well as other asbestos-related illnesses. This is why it is essential that the victims have a legal team that knows how to identify the most appropriate sources of exposure and anticipate the defenses of liable parties.

In the process of a mesothelioma suit the victim's legal team will be gathering evidence and investigating the victim's exposure to asbestos to prove that defendants' actions caused the asbestos-related illness. They can interview current and former employees who worked at the job sites where their client was exposed. They may also review the records of factories and financial documents that show the defendants knew about asbestos' dangers and failed to protect their workers.

Although there aren't any official statistics on asbestos cases or verdicts in Connecticut however, data from across the country shows that most asbestos cases end up in court before trial. Most cases that go to trial result in winning for the plaintiff, even though there have been several asbestos jury verdicts that were reduced to account for medical insurance benefits that the victim or loved ones received.

There are many types of asbestos litigation dockets in the nation, each with its own 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 controlled by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge --- Justice Richard T. Aulisi -- and is governed by an asbestos-specific case management order.