10 Asbestos Litigation Group Tips All Experts Recommend
Asbestos Litigation Group
You require a firm that can provide comprehensive support, whether you are working on asbestos litigation, or any other toxic tort case. This includes electronic discovery management, high-tech deposition services; and an all-encompassing solution for managing large amounts of case data.
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 in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was unsuccessful however it was the beginning of a decade-long effort by asbestos companies to pay victims for exposure.
In the 1960s, health experts began to realize that a connection existed between asbestos and diseases like mesothelioma. The asbestos industry tried hard to hide the findings however, articles about this research started to spread. Unions of workers, among other groups, demanded asbestos producers inform the public about the dangers.
In the course of this time asbestos producers were found to be negligent and ordered to compensate victims. This was possible because of laws that require anyone who creates dangerous products to inform consumers to safeguard themselves.
In the 1980s, pattern of asbestos litigation had changed. Attorneys began representing asbestos-exposed employees at other places of work instead of focusing only on asbestos miners and asbestos manufacturers. This included shipyards, refineries railways, power plants and shipyards. These claims often grew into large class actions.
This type of litigation was prone to many issues as well as the fact that plaintiffs' lawyers were tasked with a lot of work. They were specialized in contacting clients, combining them and filing lawsuits in bulk. These mass filings were intended to overburden the court system and the defendants.
Many law firms for plaintiffs focused on making money instead of focusing on their injured clients. Some firms screened their clients using mobile vans that emit x-rays, and denied compensation for serious diseases like mesothelioma emerged.
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 regular meetings of national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, and attend AAJ's Annual and Winter Conventions. This extensive participation in asbestos litigation gives our firm an advantage that is unique. We can provide our clients with the best representation possible in these difficult cases.
Asbestos Class Actions
Mesothelioma lawsuits are filed on behalf of many people who have suffered similar injuries. Chesapeake asbestos attorney of asbestos lawsuits permit victims to receive compensation without the need to bring individual claims against several defendants which can be costly and time-consuming.
Asbestos class action lawsuits can be a faster way to get victims the compensation they require. In a class action, one plaintiff is appointed to represent the entire group. The plaintiff and their mesothelioma lawyers concentrate on building strong cases in order to obtain the best outcome for the family of the victim.
There are a variety of states in the US where asbestos exposure is high. Class actions are frequent. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma lawsuits into a single instance, so that each claim could be settled quickly, 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 victims. The main problem with mesothelioma settlements is that the victims are not compensated as much 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 forms of litigation. Since more than 20 years, we have been devoted to providing complete legal assistance to patients as well as their families. Our lawyers know how to file mesothelioma lawsuits in both federal and state courts.
While the majority of our clients live in and around New York, we regularly represent victims across the United States. No matter if you are in California or Florida we can assist you get the compensation you deserve as a result of a mesothelioma lawsuit against negligent asbestos producers. Contact us today for an initial consultation for no cost. We're available to discuss your situation and provide options to you.
Asbestos Bankruptcy Trusts
During the asbestos bankruptcy process companies put aside funds to pay compensation for patients suffering from mesothelioma and various asbestos-related diseases. In lieu of suing a business the victims can file a trust fund claim. The trusts guarantee that there is enough money to pay any valid claims.
You must meet certain eligibility requirements in order to make a claim. You must have worked for the company that created the trust and be diagnosed with an asbestos-related disease to qualify. You must also prove that you were exposed to asbestos, such as employment records, affidavits from employees who worked with you and, in certain instances radiographs or pathology reports. If you are filing on behalf of someone who has passed away, you will need to submit a death certificate.
Each asbestos trust has its own set of criteria for evaluating a claim. Some trusts use a two-step speedy review procedure, while others rely on an individual review process. Lawyers with a specialization in asbestos litigation can help you in determining the best method for processing claims.
Asbestos trusts must equitably compensate claimants who have similar diseases. To achieve this, they have established levels of disease that range from mesothelioma without significant lung function to pleural diseases.
Many people make trust funds and lawsuits against multiple asbestos companies who are accountable for their exposure. According to the laws of each state they must provide details about trust claims during the discovery phase of a lawsuit.
While certain states have passed laws that prohibit the sharing of this information, many courts have allowed this to happen. However, the U.S. Department of Justice has been calling for more accountability for asbestos trusts, noting that they do not have safeguards to prevent fraud and mismanagement.
The American Association for Justice offers assistance and resources to asbestos lawyers. Members can connect on the list server that is exclusively for plaintiffs and attend meetings at AAJ annual and winter conventions. The Asbestos Litigation Group is open to Regular Life, Sustaining, and President's Club AAJ members. The lawyers of the group concentrate on cases involving asbestos-related diseases and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit will allow victims to recover compensation for their losses. These include medical expenses, income loss, home care expenses, emotional stress, pain and suffering and loss of quality of life. Asbestos victims might also be able to seek damages for punitive harm against companies who place profits over worker safety.
The amount of an award or settlement is contingent on the individual losses of the victim. Each case should be evaluated by an experienced New York mesothelioma attorney who will ensure that the victims receive the highest compensation.
It's not easy to diagnose and treat mesothelioma and other asbestos-related diseases. It is crucial that the victims have an experienced legal team that can pinpoint the sources of asbestos exposure and anticipate the defenses of the parties responsible.
During the mesothelioma litigation process, the lawyer representing the victim will spend time gathering evidence and investigating their exposure to asbestos in order to demonstrate that the asbestos-related disease was caused by the defendants actions. They might interview former and current employees who worked at the job sites where the client was exposed. They may also examine financial documents and factory records which show that the defendants knew about the dangers of asbestos and did not take precautions to protect their workers.
Although there aren't any official statistics that provide information on asbestos cases or verdicts in Connecticut, national data shows that most asbestos cases are settled before trial. The majority of those that go to trial result in a victory for the plaintiff, however there have been asbestos jury verdicts that have been reduced to account for medical insurance benefits that the victim or loved ones received.
There are also many different types of asbestos litigation dockets in the nation, each with distinct rules and procedures. In the upper reaches of New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket that is managed 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.