What Experts Say You Should Know

Asbestos Litigation Group

Whether you're working on asbestos litigation or another hazardous tort, you'll need an organization that can provide comprehensive assistance. This includes electronic discovery management, high-tech depositions, and a comprehensive solution to manage huge volumes of information.

The group is open to everyone AAJ members, including Regular Life, Sustaining and President's club members. It meets at the AAJ Annual and Winter conventions.

Asbestos Litigation History

Anna Pirskowski filed the first asbestos lawsuit in 1929 at Newark federal court. The case was unsuccessful however it was the beginning of a decade-long effort by asbestos companies to compensate victims for their exposure.

In the 1960s, health experts began to notice a link between asbestos and diseases such as mesothelioma. The asbestos industry tried hard to keep the findings from being revealed, but articles about this research started to spread. Unions for workers and other groups began demanding that asbestos producers be forced to inform people about the dangers of the deadly mineral.

In the course of this time, a number of asbestos lawyer (hop over to these guys) producers were found to be negligent and were required to compensate victims. This was made possible by the laws which require anyone who makes a hazardous product to provide the consumer a warning so that they can protect themselves.

In the 1980s, pattern of asbestos litigation changed. Instead of focusing on asbestos miners and manufacturers, attorneys represented victims exposed to asbestos in various other workplaces. Shipyards, refineries and railroads were among the industries that were affected. These claims typically grew into large class actions.

This type of litigation was prone to several issues as well as the fact that plaintiffs' lawyers took on far too much work. They were experts in soliciting and bundling clients to file lawsuits in large quantities. These massive filings were designed to overwhelm the court system and the defendants.

Many plaintiffs' law firms focused on generating profit instead of focusing on their injured clients. Some firms screened their clients using mobile vans that emit x-rays, and denied compensation when serious illnesses like 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 as well as the Winter Convention, and are involved in regular meetings with the national Asbestos Trial Attorneys Association. The extensive involvement in asbestos litigation gives our firm an unique advantage. We can offer our clients the best possible representation in these complicated cases.

Asbestos Class Actions

Mesothelioma class actions are lawsuits filed on behalf of a group of asbestos attorneys-related injuries. These kinds of asbestos lawsuits permit victims to receive compensation without having to make individual claims against a number of defendants which can be expensive and time-consuming.

Asbestos class action lawsuits can be an effective method of getting victims the compensation they require. In a class action lawsuit, the plaintiff is selected to represent the whole group. The plaintiffs and their mesothelioma lawyers can focus on building strong arguments to obtain the best outcome for the victim and family.

There are many regions in the United States where asbestos exposure is very high. Class actions are frequent. 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 resolved efficiently instead of 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 victims. The biggest 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 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 over two decades, we've been devoted to providing patients and their families with a full legal assistance. Our lawyers know 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 across the United States. We can assist you in obtaining the compensation you deserve for a mesothelioma case against negligent asbestos manufacturers, whether you live in California, Florida or anywhere else. Contact us today for a no-obligation consultation. We're willing to discuss your situation with you and explain to you the options available.

Asbestos Bankruptcy Trusts

In the process of bankruptcy, asbestos-related companies, they set aside funds for compensation to victims with mesothelioma or other asbestos-related diseases. Instead of suing a company the victims can make a trust fund claim. The trusts are designed 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 the eligibility requirements. To qualify you must have been employed at a company for which the trust was established and be diagnosed with an asbestos-related illness. You must also provide proof of exposure, which includes employment documents, affidavits from employees who worked with you and in some cases the report of pathology or X-rays. If you're filing on behalf of someone who has passed away you must also provide an official death certificate.

Each asbestos trust has its own set of criteria to determine how to evaluate claims. Some utilize a two-step expedited review process, while others use an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the most efficient method to process claims.

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

Many people have to file lawsuits and trust funds against multiple asbestos companies that are accountable for their exposure. According to the laws of each state the companies are required to disclose information regarding trust claims during the discovery phase of the lawsuit.

While certain states have passed laws to stop the sharing of this information, most courts have allowed this to happen. The U.S. Department of Justice however, has pushed for greater accountability for asbestos trusts. They say they are not protected from fraud and poor management.

The American Association for Justice offers assistance and resources for asbestos lawyers. Members can connect through a list server for plaintiffs only and also attend meetings at the AAJ's 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 lawsuit can help victims recover compensation for their losses. Medical expenses, lost income, expenses for home care, emotional distress and pain and suffering are all covered. asbestos attorney-related victims may also be able to pursue damages for punitive harm against companies that put profit over worker safety.

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

It isn't easy to identify and treat mesothelioma as well as other asbestos-related diseases. This is why it is crucial that patients have a legal team that knows how to identify the sources of exposure and can anticipate the defenses of the accountable parties.

In the mesothelioma lawsuit process, a victim's legal team will spend time gathering evidence and analyzing their exposure to asbestos in order to establish that the asbestos-related illness was caused by defendants actions. They may interview employees, both former and current, who worked at the work sites where the client was exposed. They may also review the records of factories and financial documents which show that the defendants knew about asbestos's dangers but failed to protect their workers.

There aren't any public statistics for Connecticut that provide information about asbestos cases and verdicts, national data indicates that most asbestos cases settle before trial. Most asbestos cases that reach trial end in a win for the plaintiff. However, there have been several asbestos jury award cases that were reduced to reflect the medical insurance benefits that the victim or loved family members received.

There are a variety of asbestos litigation dockets throughout the United States, each with its specific 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 overseen by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge --- Justice Richard T. Aulisi and is governed by an asbestos attorneys-specific case management order.