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Asbestos Litigation Group
If you're working on asbestos litigation or another hazardous tort matter, you need a firm that can offer an extensive support. This includes electronic discovery management, high-tech depositions and an all-encompassing solution for managing 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. Huntington Beach asbestos attorneys was ultimately unsuccessful however it was the beginning of a long-running effort to make asbestos companies pay for their exposure.
In the 1960s, health experts began to recognize a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry fought to hide the findings however, news about the research started to spread. Workers' unions and other organizations began to demand that asbestos manufacturers be forced to inform people about the dangers posed by the deadly mineral.
During this time, numerous asbestos manufacturers were found guilty of negligence and required to pay compensation to victims. This was made possible by laws that require anyone who develops an unsafe product to provide notice to consumers to protect themselves.
In the 1980s, asbestos litigation started to change. Attorneys began representing asbestos-exposed workers in other workplaces instead of focusing exclusively on asbestos miners or asbestos manufacturers. Shipyards, refineries and railroads were among the workplaces that were affected. These claims were often consolidated into large class actions.
One of the major issues with this type of litigation was that plaintiffs' lawyers were tasked with too many tasks. They were specialized in contacting clients, aggregating them and filing lawsuits in bulk. They hoped to take over the judiciary and defendants with these massive filings.
Many firms representing plaintiffs were more focused on making profits than looking after their clients who were injured. Some even screened their clients with mobile x-ray vans, and refused them compensation when serious illnesses arose, such as mesothelioma.
Kazan Law specializes in representing clients suffering from 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 provides our firm with a distinct advantage. We can offer our clients the best representation possible in these complicated cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits that are filed on behalf of a large number of asbestos-related injuries. These kinds of asbestos lawsuits enable victims to get compensation without having to file individual claims against multiple defendants which can be expensive and time-consuming.
Asbestos class actions are also an effective method of obtaining the compensation that victims need. In a class action, one plaintiff is appointed to represent the group as a whole. The plaintiff and their mesothelioma attorneys can concentrate on building strong cases in order to obtain the best outcome for the family of the victim.
Class actions are common in a variety of areas across the country that have an abundance of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases into one trial, so that each case could be settled in an efficient manner rather than having to go through a series of trials.
However it is important to keep in mind that class actions aren't always in the best interests of the victims. The biggest issue with mesothelioma settlements lies in the fact that victims aren't compensated as well as they would in the event of filing their own lawsuit against asbestos companies.
Levy Konigsberg LLP has a team of mesothelioma lawyers who are experienced in representing asbestos victims in class actions and other types litigation. For more than two decades, we have dedicated ourselves to providing families of patients with a full legal assistance. Our lawyers are knowledgeable about the ins and outs of bringing mesothelioma-related 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 compensation you deserve for a mesothelioma case against negligent asbestos manufacturers, regardless of whether you live in California, Florida or anywhere else. Contact us now to schedule a free consultation. We are eager to discuss your case with you and go over with you the options available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos companies set aside money to compensate victims suffering from mesothelioma and other asbestos-related illnesses. Instead of filing a lawsuit against the company, patients file trust fund claims. The trusts are created to ensure that there is enough money to pay for all claims that are valid.
To make a claim through an asbestos trust you must meet eligibility requirements. You must have worked for a company that set up the trust and be diagnosed with an asbestos-related disease to qualify. You must also provide proof of exposure, such as employment documents, affidavits of people who worked with you and, in some cases the report of pathology or X-rays. If you're filing on behalf someone who has passed away, you must provide an official death certificate.
In addition each asbestos trust has its own rules for evaluating the claim. Some trusts use a two-step process known as expedited review, and others use an individual review system. Lawyers who specialize in asbestos litigation will help you determine the best method for processing your claim.
Asbestos trusts are required by law to equitably compensate claimants who have similar diseases. To determine this, they have established disease levels, which vary from mesothelioma through Pleural disease that is not significantly restricted in lung function.
It is normal for people to file trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. In accordance with state law, businesses may be required to divulge information regarding trust claims during the litigation discovery phase.
While some states have passed laws that prohibit the sharing of this information, most courts have allowed this to occur. The U.S. Department of Justice, however, has called for greater accountability for asbestos trusts. They say they are not protected from fraud and poor management.
The American Association for Justice provides assistance and resources for asbestos lawyers. Members can connect with each other through a plaintiffs-only list server, 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 group's attorneys primarily handle cases involving an asbestos-related diagnosis and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit may help victims receive compensation for their losses. Medical bills, lost income, emotional distress, home-care costs and pain and suffering are all included. Asbestos victims might also be able to pursue punitive damages against negligent companies who place profits over worker safety.
The amount of an award or settlement will depend on the victim's unique losses. Each case is assessed by a knowledgeable New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
It's not easy to recognize and treat mesothelioma or other asbestos-related diseases. This is why it is essential that victims have an attorney that knows how to find the right sources of exposure and can anticipate the defenses of responsible parties.
During the mesothelioma lawsuit process, the victim's legal team spends time collecting evidence and investigating the asbestos exposure of the victim to establish that the defendants' actions led to the asbestos-related disease. They might interview current and former employees who worked at the job places where the victim was exposed. They may also examine factory records and company 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 for Connecticut which provide information on asbestos cases and verdicts, national research indicates that the majority of asbestos cases settle prior to trial. The majority of those that go to trial result in an outcome for the plaintiff, though there have been asbestos jury verdict cases that were reduced to account for medical insurance benefits the victim or loved family members received.
There are many types of asbestos litigation dockets across the country, each with distinct rules and procedures. In the upstate region of New York the 5th Judicial District, which comprises 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 hand, has a judge who is committed to asbestos cases, Justice Richard T. Aulisi, and operates under a case management order that is specifically geared towards asbestos.
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