15 Startling Facts About Asbestos Litigation Group You ve Never Seen
Asbestos Litigation Group
Whether you're working on asbestos litigation or another hazardous tort matter, you need a firm that can offer complete support. This includes providing electronic discovery management; high-tech deposition services; and a comprehensive solution for managing large amounts of information about the case.
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
Anna Pirskowski filed the first asbestos lawsuit in 1929 in Newark federal court. The case was unsuccessful but it marked an entire decade of effort by asbestos companies to pay victims for their exposure.
In the 1960s, health researchers began to recognize there was a link between asbestos and certain diseases, such as mesothelioma. The asbestos industry tried to keep the findings from being revealed however, news about the research began to surface. Workers' unions and other organizations began to demand that asbestos producers be forced to warn people about the dangers of the deadly mineral.
During this period, asbestos manufacturers were found to be negligent and ordered to pay compensation to victims. This was made possible by laws that require anyone who creates dangerous products to notify consumers so they can safeguard themselves.
In the 1980s, asbestos litigation began to evolve. Attorneys began representing asbestos-exposed employees at other places of work instead of focusing only on asbestos miners and manufacturers. These included shipyards, refineries railways, power plants, and power stations. These claims often resulted in large class actions.
This pattern of litigation had a number of problems, including the fact that plaintiffs' attorneys had to do a lot of work. They specialized in soliciting clients, aggregating them and filing lawsuits in large quantities. These massive filings were designed to overwhelm the court system and the defendants.
Many of the plaintiffs' firms were more concerned with generating profits than looking after their injured clientele. Some even screened clients using mobile x-ray vans and denied them compensation when serious illnesses developed like mesothelioma.
Kazan Law specializes in representing clients suffering from asbestos-related illnesses including mesothelioma. They have been recognized by U.S. News & World Report as "Best Lawyers in asbestos Litigation." They are involved in the regular meetings of the national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server and attend AAJ's Annual and Winter Conventions. This extensive involvement in asbestos litigation gives our firm an unique edge. We can offer 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 group of people with similar asbestos injuries. These asbestos attorney lawsuits permit victims to receive compensation without the need to file individual claims. This can be time-consuming and costly.
Asbestos class action lawsuits are 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 plaintiffs and their mesothelioma lawyers can focus on building strong arguments to obtain the best result for the family of the victim.
There are numerous regions in the United States in which asbestos exposure is 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 in an efficient manner instead of having to go through a series of trials.
However it's important to remember that class actions aren't always in the best interest of the victims. The main problem with mesothelioma class action settlements is that they tend not to provide victims with the same compensation as they would when they had filed their own individual lawsuit against the companies accountable for their asbestos exposure.
The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits as well as other asbestos attorney litigation. Since over 20 years, we've been committed to providing comprehensive legal assistance to patients and their families. Our attorneys know how to file mesothelioma cases in federal and state courts.
We represent victims all over the United States, even though the majority of them live in or around New York. We can assist you in obtaining the compensation you deserve in mesothelioma lawsuits against negligent asbestos manufacturers, regardless of whether you live in California, Florida or anywhere else. Call us today for a no-cost consultation. We're available to discuss your situation and present the options to you.
Asbestos Bankruptcy Trusts
In the asbestos bankruptcy process companies set aside money to pay compensation for patients suffering from mesothelioma and various asbestos-related illnesses. Instead of suing the company, victims make trust fund claims. The trusts are designed to guarantee that there is enough money available to pay for all claims that are valid.
You must meet certain eligibility requirements in order to submit a claim. To qualify you must have worked at a company for which the trust was established and have been diagnosed with an asbestos-related illness. You must also show proof of exposure, which includes employment documents, affidavits from employees who worked with you, and in some cases, pathology reports or X-rays. If you're filing on behalf a deceased person, you must provide a death certificate.
In addition, each asbestos trust has its own criteria for how to evaluate the claim. Some use a two-step expedited review process, while others use an individual review system. Lawyers who specialize on asbestos litigation can assist you in determining the most efficient method to process claims.
Asbestos trusts must compensate claimants suffering from similar diseases equally. To determine this, they have established disease levels, which vary from mesothelioma to Pleural disease that is not significantly restricted in the pulmonary function.
People often have to file lawsuits and trust funds against a variety of asbestos companies that are responsible for their exposure. According to the laws of each state the companies are required to disclose information about trust claims during the discovery phase of the lawsuit.
While some states have passed laws to stop the sharing of this information, a lot of courts have allowed it to happen. The U.S. Department of Justice however, has called for greater accountability of asbestos trusts. They claim that they aren't protected against fraudulent claims and improper management.
The American Association for Justice offers resources and support to asbestos Lawyers (https://blogfreely.net/birdcow94/watch-out-what-asbestos-law-and-litigation-is-taking-over-and-what-you-can). Members can join a plaintiff-only list server 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 in the group are primarily involved in cases involving asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit will aid victims in recovering compensation for their losses. This includes medical bills, loss of income and home care costs, emotional suffering, distress and loss of quality of life. Asbestos-related victims may also be able seek punitive damages against negligent businesses that put profit over safety of workers.
The amount of an award or settlement depends on the specific losses suffered by the victim. Each case should be assessed by a knowledgeable New York mesothelioma attorney who will ensure victims receive maximum compensation.
Mesothelioma and other asbestos-related diseases are not easy to detect or treat. It is crucial that the victims have an experienced legal team who can determine the sources of asbestos exposure and anticipate the defenses from the liable parties.
During the mesothelioma legal process, a victim's legal team will spend time collecting evidence and investigating their exposure to asbestos to demonstrate that the asbestos-related disease was the result of defendants actions. They might interview former and current employees who worked at the job locations where their client was exposed. They can also look over the records of the factory and financial records that prove that the defendants were aware of the dangers associated with asbestos exposure and did not take precautions to protect their employees.
There aren't any public statistics in Connecticut that provide information about asbestos cases and verdicts. However, national evidence suggests that the majority of asbestos cases settle before trial. The majority of asbestos cases that go to trial end with a victory for the plaintiff. However, there have been several asbestos jury awards that were reduced to account for the medical insurance benefits that victims or their loved family members received.
There are numerous types of asbestos litigation dockets throughout the United States, each with their specific rules and procedures. In the upper reaches 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.