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Asbestos Litigation Group

You require a company that can offer a comprehensive service whether you're involved in asbestos litigation or another toxic tort case. This includes electronic discovery management, high-tech depositions and a complete solution for managing huge 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 as well as the Winter Convention.

Asbestos Litigation History

Anna Pirskowski filed the first asbestos litigation meaning lawsuit in 1929 in Newark federal court in 1929. The case was unsuccessful however it was the beginning of a decade-long campaign to force asbestos companies pay for their exposure.

In the 1960s, health scientists began to recognize a connection existed between asbestos and diseases like mesothelioma. The asbestos industry fought to hide the findings, but articles about this research began to circulate. Unions representing workers, along with other groups, demanded asbestos producers inform the public about the dangers of asbestos.

During this time, many asbestos manufacturers were found to be negligent and required to pay compensation to victims. This was made possible by laws that require anyone who creates a hazardous product to inform consumers so they can safeguard themselves.

By the 1980s, the pattern of asbestos litigation changed. Instead of focusing on miners and asbestos manufacturers, lawyers represented those exposed to asbestos in other work environments. Railroads, refineries, and shipyards were among the workplaces that were affected. These claims usually led to class actions of a large size.

This pattern of litigation had several issues as well as the fact that the attorneys of plaintiffs were tasked with a lot of work. They specialized in soliciting and bundling clients to file lawsuits in large quantities. They wanted to overwhelm the judicial system and the defendants by filing massive lawsuits.

Many plaintiffs' firms were more focused on generating profits than looking after their clients who were injured. Some even screened their clients with mobile x-ray vans, and denied them compensation if serious illnesses were discovered like mesothelioma.

Kazan Law specializes in representing clients who suffer from asbestos-related diseases such as mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They are involved in regular meetings of national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, and attend the AAJ's Annual and Winter Conventions. This extensive involvement in asbestos litigation gives our firm an unique advantage. We are able to provide our clients the most effective representation possible in these difficult cases.

Asbestos Class Actions

Mesothelioma class actions are lawsuits that are filed on behalf of a large number of asbestos-related injuries. These asbestos lawsuits allow victims to be compensated without the need to submit individual claims. This can be costly and time-consuming.

Asbestos class actions can be an effective method of obtaining the compensation that victims need. In a class-action lawsuit, Asbestos Litigation a plaintiff is chosen to represent the whole group. The plaintiffs and their mesothelioma attorneys can focus on building solid arguments to get the best result for the family and victim.

Class actions can be found throughout the country with an abundance of asbestos exposure. In New York, for example, the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma lawsuits into one trial, so that each case could be dealt with in an efficient manner instead of having to go 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 is that they often fail to give victims as much compensation as they would have received if they had filed their own lawsuit against the companies responsible for their asbestos exposure.

The mesothelioma lawyers of Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other types of asbestos litigation. Since more than 20 years, we have been committed to providing comprehensive legal assistance to patients and their families. Our lawyers know how to file mesothelioma cases in both state and federal courts.

We represent victims all over the United States, even though the majority of them reside in or around New York. We can assist you in obtaining the compensation you deserve in mesothelioma lawsuits against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us today for a no-cost consultation. We're more than happy to discuss your case with you and go over with you the options that are available.

Asbestos Bankruptcy Trusts

In the bankruptcy process, asbestos companies set aside money to compensate victims of mesothelioma, or other asbestos-related diseases. Instead of suing the company, victims are able to file trust fund claims. The trusts are designed to guarantee that there is enough money available to pay all valid claims.

To file a claim with an asbestos trust you must meet the eligibility requirements. To qualify, you must have worked for a company where the trust was established and be diagnosed with an asbestos-related disease. You should also be able to prove that you were exposed to asbestos, for example employment records, affidavits of people who worked with your and, in some cases radiographs or pathology reports. If you're filing on behalf someone who died you must also provide an official death certificate.

In addition each asbestos trust has its own set of criteria for how to evaluate the claim. Some utilize a two-step expedited review process, whereas others rely on an individual review process. Lawyers who specialize in asbestos litigation can assist you in determining the most effective method of claim processing.

Asbestos trusts are required to pay fair compensation to claimants suffering from similar diseases. To be able to do this, they must have established disease levels that vary from mesothelioma through the pleural disease, without significantly limiting lung function.

Many people make trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. According to the laws of each state, these companies must disclose details about trust claims during the discovery phase of the lawsuit.

While some states have passed laws to stop sharing, many courts have permitted sharing. The U.S. Department of Justice however, has called for increased accountability of asbestos trusts. They cite that they lack safeguards against fraudulent claims and poor management.

The American Association for Justice provides resources and support for asbestos lawyers. Members can network on 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 lawyers of the group are primarily involved in cases that involve asbestos-related diagnoses and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit could help victims receive compensation for their losses. These include medical bills, loss of income and home care costs, emotional distress, pain and suffering, and lost quality of life. Asbestos-related victims may also be able seek punitive damages against negligent businesses who place profits over safety of workers.

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

It is not easy to recognize and treat mesothelioma and other asbestos-related illnesses. It is essential that patients have an experienced legal team who can identify the sources of asbestos exposure and anticipate the defenses from the liable parties.

In the mesothelioma lawsuit process, the lawyer representing the victim will spend time gathering evidence and investigating their exposure to asbestos in order to prove that the asbestos-related illness was caused by defendants actions. They may also interview former and current employees who worked at the job places where the victim was exposed. They can also look over the records of the factory and financial documents that show that the defendants were aware of the dangers associated with asbestos exposure and did not protect their employees.

There aren't any public data in Connecticut that give information on asbestos cases and verdicts. However, national data indicates that most asbestos cases settle prior to trial. The majority of asbestos cases that go to trial end with a victory for the plaintiff. However there have been a few asbestos jury awards that were reduced to take into account the medical insurance benefits that victims or their loved family members received.

There are also many different types of asbestos litigation dockets in the country, each with its own 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 operates under an asbestos-specific case management order.