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 complete solution for managing large volumes of information.

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

Asbestos Litigation History

Anna Pirskowski filed the first asbestos lawsuit in 1929 in Newark federal court in 1929. The case was dismissed, but it triggered the beginning of a decade-long campaign by asbestos firms to compensate victims for their exposure.

In the 1960s, health experts began to see that there was a link between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried to keep the findings quiet however, news about the research began to circulate. 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 compensate victims. This was made possible by the laws that require anyone who develops a hazardous product to provide the consumer a warning so that they can protect themselves.

In the 1980s, asbestos litigation started to shift. Attorneys began representing asbestos-exposed workers in other industries instead of focusing only on asbestos miners and asbestos manufacturers. These included shipyards, refineries, railroads and power plants. These claims often became large class actions.

One of the biggest problems with this type of litigation was that a lot of plaintiffs' lawyers were tasked with too much work. They specialized in soliciting and bundling clients to file lawsuits in huge numbers. The purpose of these mass filings was to overwhelm the court system as well as the defendants.

Many plaintiffs' firms were more focused on generating profits than looking after their injured clientele. Some firms screened their clients using mobile vans that emitted images, and Specializes in Asbestos Litigation denied compensation when serious illnesses such as mesothelioma arose.

Kazan Law specializes in asbestos litigation (head to the Florianflower site) in representing clients diagnosed with asbestos-related illnesses, including mesothelioma. They were named 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. Their extensive involvement in asbestos litigation cases litigation gives our firm an unique edge. We are able to provide our clients the most effective representation possible in these difficult cases.

asbestos litigation paralegal Class Actions

Mesothelioma lawsuits are filed on behalf of many people who have suffered similar injuries. These asbestos lawsuits enable victims to receive compensation, without the need to submit individual claims. This can be time-consuming and costly.

Asbestos class actions are also a quicker way to get the compensation that victims need. In a class-action lawsuit, a plaintiff is chosen to represent the entire group. The plaintiff and their mesothelioma attorneys can focus on building strong cases to achieve the best possible outcome for the family of the victim.

There are many areas in the United States where asbestos exposure is 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, so that each case could be dealt with efficiently instead of having to go through multiple individual trials.

However it's important to remember that class actions are not always in the best interests of the victims. The primary issue with mesothelioma settlements is that they are often unable to give victims as much compensation as they would have received in the event of filing an individual lawsuit against the company responsible for their asbestos exposure.

The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos-related litigation. For more than two decades, we've been devoted to providing families of patients with comprehensive legal support. Our lawyers know how to file mesothelioma cases in both state and federal courts.

While the majority of our clients live in and around New York, we regularly represent victims throughout the United States. We can help you get the justice you deserve for mesothelioma cases against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Call us today for an initial consultation for no cost. We're happy to discuss your situation and explain the options available to you.

Asbestos Bankruptcy Trusts

During the asbestos bankruptcy procedure companies put aside funds to compensate those suffering from mesothelioma or other asbestos-related illnesses. Instead of suing the company, victims are able to file trust fund claims. The trusts are designed to ensure that there is enough money to pay for all claims that are valid.

To submit a claim to an asbestos trust you must meet the eligibility requirements. You must have worked for the company that set up the trust and be diagnosed with an asbestos-related condition to qualify. You must also submit evidence of exposure, such as employment records, affidavits from people who worked with you, and in certain instances the report of pathology or X-rays. If you are filing on behalf a deceased individual, you will need to submit a death certificate.

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

Asbestos trusts are required to pay fair compensation to claimants suffering from similar illnesses. To achieve this, they set levels of disease that range from mesothelioma with no significant pulmonary function to pleural diseases.

People frequently have to file lawsuits and trust funds against multiple asbestos companies that are responsible for their exposure. Depending on state law the companies are required to disclose information regarding trust claims during the discovery phase of a lawsuit.

While certain states have passed laws to stop the sharing of this information, many courts have allowed this to occur. The U.S. Department of Justice however, has pushed for greater accountability of asbestos trusts. They say they aren't protected against fraudulent claims and improper management.

The American Association for Justice provides support and resources for asbestos lawyers. Members can connect on a plaintiff-only list server and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining and President's club AAJ members. The group's attorneys concentrate on cases involving asbestos-related diseases and mesothelioma.

Asbestos Settlements

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

The amount of a settlement or award depends on the specific losses suffered by the victim. Each case should be examined by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation.

It isn't easy to recognize and treat mesothelioma and other asbestos-related illnesses. This is why it is crucial that the victims have an attorney that is aware of the most appropriate sources of exposure and anticipate the defenses of the accountable parties.

In the process of a mesothelioma suit the legal team of the victim is responsible for collecting evidence and analyzing the asbestos exposure of the victim in order to prove that the actions of defendants caused the asbestos-related illness. They may interview employees, both former and current, who worked at the places where the victim 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.

While there aren't any public statistics in Connecticut that provide information about asbestos cases and verdicts, national evidence suggests that the majority of asbestos cases settle before trial. The majority of asbestos cases that go to trial end in a win for the plaintiff. However there have been several asbestos jury award cases that were reduced to account for the medical insurance benefits that the victim or Specializes in Asbestos Litigation loved family members received.

There are a variety of asbestos litigation dockets across the United States, each with its own rules and procedures. In upstate New York the 5th Judicial District, which comprises Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket supervised by Justice Charles C. Merrell. The 4th District, on the other side has a judge dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is specific to asbestos.