10 Unexpected Asbestos Litigation Group Tips
Asbestos Litigation Group
If you're working on asbestos litigation or another toxic tort issue, you require an organization that can provide an extensive assistance. This includes electronic discovery management, high-tech deposition services; as well as an extensive solution to manage large volumes of case information.
This group is open to Regular Life, Sustaining, and President's Club AAJ members. It meets at the AAJ Annual and Winter conventions.
Asbestos Litigation History
The first asbestos lawsuit (websites) in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was dismissed, but it triggered a decade-long effort by asbestos companies to pay victims for their exposure.
In the 1960s, health researchers began to realize that a connection existed between asbestos and diseases like mesothelioma. The asbestos industry tried hard to hide the findings however, news about the research began to surface. Unions of workers, among other groups, demanded that asbestos producers inform the public about the dangers of asbestos.
In the course of this time asbestos producers were found to be negligent and ordered to pay compensation to victims. This was made possible by the laws which require anyone who makes a hazardous product to provide the consumer a warning to protect themselves.
In the 1980s, the pattern of asbestos litigation shifted. Attorneys began representing asbestos-exposure workers at other places of work, instead of focusing solely on asbestos miners and manufacturers. These included shipyards, refineries, railroads and power plants. These claims typically became large class actions.
This pattern of litigation had many issues, including the fact that plaintiffs' attorneys had to do a lot of work. They were experts in soliciting and bundling clients to file lawsuits in huge numbers. They wanted to overtake the judicial system and defendants with these massive filings.
Many plaintiffs' law firms focused on generating profit instead of taking care of their injured clients. Some firms screened their clients using mobile vans that emit radiographs, and refused compensation for serious illnesses such as mesothelioma emerged.
Kazan Law specializes in representing clients who suffer from asbestos-related diseases 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 participate in regular meetings with the national Asbestos Trial Attorneys Association. This extensive involvement in asbestos litigation provides our firm with a distinct edge. We can offer our clients the most effective representation possible in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a large group of people who have similar asbestos injuries. These types of asbestos lawsuits enable victims to receive compensation without the need to make individual claims against a number of defendants which can be costly and time-consuming.
Asbestos class action lawsuits are also an efficient method of obtaining victims the compensation they deserve. In a class-action lawsuit, one plaintiff is chosen to represent the whole group. The plaintiff and their mesothelioma lawyers concentrate on constructing strong cases in order to get the best outcome for the family of the victim.
There are numerous regions in the United States in which asbestos exposure is high. Class actions are common. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single instance, so that each claim could be resolved efficiently rather than going through multiple individual trials.
It is important to keep in mind that class actions might not be in the best interest of the victims. The main problem 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 attorneys that are skilled in representing asbestos victims in class actions and other types of litigation. For more than 20 years, we've been committed to providing comprehensive legal support to patients and their families. Our attorneys know how to file mesothelioma cases both state and 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, regardless of whether you reside in California, Florida or anywhere else. Contact us now for a no-cost consultation. We're available to discuss your case and explain the options available to you.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process, companies set aside money to pay compensation for patients suffering from mesothelioma and various asbestos-related illnesses. Instead of suing a business or a person, victims can file a trust fund claim. Trusts guarantee that there is enough money to pay all valid claims.
You must meet certain eligibility requirements to make an application. To be eligible you must have been employed at a company for which the trust was established and have been diagnosed with an asbestos-related condition. You must also prove that you were exposed to asbestos, for example employment records, affidavits of those who worked with you and, in some cases radiographs or pathology reports. If you're filing on behalf of someone who has passed away, you must provide a death certificate.
Each asbestos trust also has its own set of criteria for evaluating claims. Some utilize a two-step expedited review process, while others rely on an individual review process. Lawyers who specialize in asbestos litigation can help you in determining the best way to handle claims.
Asbestos trusts have to compensate claimants with similar diseases equally. To do this, they have established levels of disease that range from mesothelioma that has no significant pulmonary function to pleural diseases.
It is common for people to file trust funds and lawsuits against several asbestos companies accountable for their exposure. According to the law of the state, companies could be required to provide information regarding trust claims during the litigation discovery phase.
While some states have passed laws that prohibit the sharing, many courts have permitted it. However the U.S. Department of Justice has been calling for more accountability for asbestos trusts, because they lack protections against fraud and sloppy management.
The American Association for Justice offers assistance and resources to asbestos lawyers. Members can join the list server that is exclusively for plaintiffs and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group welcomes Regular Life, Sustaining and President's Club AAJ members. The attorneys of the group concentrate on cases involving asbestos attorneys-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawyer lawsuit can help victims receive compensation for their losses. These include medical expenses, loss of income and home care costs, emotional suffering, distress and loss of quality of life. Asbestos victims might also be able to seek damages for punitive harm against companies that put profit over safety of workers.
The amount of an award or settlement is contingent on the specific losses suffered by the victim. Each case is evaluated by an experienced New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
It's not easy to recognize and treat mesothelioma and other asbestos-related diseases. This is why it is crucial that patients have a legal team on their side that knows how to identify the most appropriate sources of exposure and 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 to prove that the asbestos-related illness was caused by the defendants' actions. They may interview employees from the past and present who worked on the job places where their client was exposed. They may also examine factory records and company financial documents to prove that the defendants were aware of the dangers associated with asbestos exposure and did not take precautions to protect their employees.
Although there aren't any official statistics for Connecticut which provide information on asbestos cases and verdicts, national data indicates that most asbestos cases settle before trial. The majority of cases that reach trial result in winning for the plaintiff, even though there have been several asbestos jury verdict cases that were reduced to take into account medical insurance benefits the victim or loved ones received.
There are a variety of types of asbestos litigation dockets across the nation, each with distinct rules and procedures. In upstate New York, the 5th Judicial District (which comprises 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-specific case management order.