Notes

8 Tips For Boosting Your Asbestos Litigation Group Game
Asbestos Litigation Group

You require a firm that can provide a full range of support regardless of whether you are involved in asbestos litigation or another toxic tort case. This includes electronic discovery management, high-tech depositions and an all-encompassing solution for managing large 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 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, but it marked the start of a decades-long effort to make asbestos companies pay for their exposure.

In the 1960s, health scientists began to recognize a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry fought to keep the findings from being revealed however, news about the research began to surface. Unions for workers and other groups began demanding that asbestos producers be forced to warn people about the dangers of this dangerous mineral.

In the course of this time, a number of asbestos producers were found to be negligent and required to pay compensation to victims. This was possible because of laws that require anyone who creates a dangerous product, to notify consumers to protect themselves.

In the 1980s, asbestos litigation started to shift. Instead of focusing on asbestos miners and manufacturers, lawyers represented those exposed to asbestos in various other workplaces. These included shipyards, refineries railways, power plants and shipyards. These claims typically led to class actions of a large size.

This type of litigation was prone to several issues, including the fact that plaintiffs' lawyers took on far too much work. They specialized in contacting clients, combining them and filing lawsuits in large quantities. These mass filings were intended to overwhelm the court system as well as the defendants.

Many of the plaintiffs' firms were more focused on making profits than looking after their injured clientele. Some firms screened their clients using mobile vans that emit radiographs, and refused compensation when serious illnesses such as mesothelioma arose.

Kazan Law specializes in representing clients suffering from asbestos-related illnesses such as 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. The extensive involvement in asbestos litigation provides our firm with an advantage that is unique. We can offer our clients the most effective representation in these complex cases.

Asbestos Class Actions


Mesothelioma class actions are lawsuits filed on behalf of a large number of people who have similar asbestos injuries. These asbestos lawsuits allow victims to be compensated without having to make individual claims. This can be time-consuming and costly.

Asbestos class actions can be an effective method of obtaining the compensation victims need. In a class action, one plaintiff is appointed to represent the group as a whole. The plaintiffs and their mesothelioma lawyers are able to focus on building a strong arguments to obtain the best outcome for the victim and family.

There are many 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 merged hundreds of mesothelioma lawsuits into one trial, so that each case could be resolved 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 interest of the victims. The most significant issue with mesothelioma settlements is that the victims aren't compensated as well as they would when they filed their own lawsuit against the asbestos companies.

The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos-related litigation. For more than two decades, we've committed ourselves to providing patients and their families with a full legal assistance. Our lawyers know how to file mesothelioma cases in both federal and state courts.

While the majority of our clients live in and around New York, we regularly represent victims across the United States. We can help you receive the justice you deserve for mesothelioma lawsuits against negligent asbestos manufacturers, regardless of whether you reside in California, Florida or anywhere else. Contact Lafayette for a free consultation. We are willing to discuss your situation with you and go over with you the options that are available.

Asbestos Bankruptcy Trusts

During the bankruptcy process of asbestos-related companies, they set aside funds for compensation to victims with mesothelioma, or other asbestos-related diseases. Instead of suing a business or a person, victims can submit 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 submit an application. You must have worked for a company that set up the trust and be diagnosed with an asbestos-related disease to be eligible. You should also be able to prove that you were exposed to asbestos, including employment records, affidavits from employees who worked with you and, in some instances radiographs or pathology reports. If you're filing on behalf a deceased person, you must provide a death certificate.

Additionally, each asbestos trust has its own set of criteria for how to review the claim. Some trusts use a two-step speedy review process, while others use an individual review process. Lawyers who specialize in asbestos litigation can help you determine the best method for processing claims.

Asbestos trusts are required by law to pay fair compensation to claimants suffering from similar illnesses. To achieve this, they established disease levels that range from mesothelioma with no significant respiratory function to pleural disorders.

People often make trust funds and lawsuits against multiple asbestos companies that are accountable for their exposure. Depending on state law the companies are required to disclose information regarding trust claims during the discovery phase of the lawsuit.

While some states have passed legislation to prevent the sharing of this information, most courts have allowed this to happen. The U.S. Department of Justice, however, has called for greater accountability for asbestos trusts. They say they aren't protected against fraudulent claims and poor management.

The American Association for Justice offers resources and support to asbestos lawyers. Members can connect through a list server for plaintiffs only and also attend meetings at 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 are primarily involved in cases involving asbestos-related diseases and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit may assist victims to receive compensation for their losses. These include medical bills, loss of income and home care costs emotional suffering, distress and loss of quality of life. Asbestos victims might also be able to seek punitive damages against negligent companies that put profit over worker safety.

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

Mesothelioma and other asbestos-related diseases are difficult to identify or treat. This is why it is crucial that the victims have a legal advocate on their side that knows how to identify the right sources of exposure and can anticipate defenses from the liable parties.

In the mesothelioma lawsuit process, a victim's legal team will spend time gathering evidence and investigating their exposure to asbestos to prove that the asbestos-related illness was the result of defendants actions. They might interview employees from the past and present who worked at the work sites where their client was exposed. They can also look over documents from the factory or financial documents that show that the defendants were aware of the dangers that asbestos poses and did not protect their workers.

Although there aren't any official statistics in Connecticut that give information on asbestos cases and verdicts, national data indicates that most asbestos cases settle prior to trial. The majority of those that go to trial end up being an outcome for the plaintiff, even though there have been several asbestos jury verdict cases that have been reduced to account for medical insurance benefits the victim or their loved loved ones received.

There are many types of asbestos litigation dockets across the country, each having its own rules and procedures. In the upstate region of New York the 5th Judicial District which includes Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket that is overseen by Justice Charles C. Merrell. The 4th District, on the other side has a judge who is committed to asbestos cases, Justice Richard T. Aulisi and is governed by an order for case management that is asbestos-specific.

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