Asbestos Litigation Group

Whether you're working on asbestos litigation or another harmful tort matter, you need a company that can provide complete support. This includes electronic discovery management; high-tech deposition solutions; and a comprehensive 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

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

In the 1960s, health experts began to discover a link between asbestos and diseases like mesothelioma. The asbestos industry tried to keep the findings from being revealed however, news articles about the research began to circulate. Workers' unions and other groups started demanding that asbestos producers be required to warn the public about the dangers posed by the deadly mineral.

During this time, many asbestos producers were found to be negligent and ordered to compensate victims. This was made possible through laws that require anyone who creates a dangerous product to give the consumer a warning to protect 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 workplaces. These included refineries, shipyards, railroads and power plants. These claims were often consolidated into large class actions.

One of the major issues with this type of litigation was that plaintiffs' lawyers were tasked with too many tasks. They specialized in soliciting clients, aggregating them and filing lawsuits in bulk. These massive filings were designed to overwhelm the court system and the defendants.

Many of the plaintiffs' firms were more focused on making profits rather than taking care of their injured clients. Some firms screened their clients using mobile vans that emitted x-rays, and denied compensation when serious illnesses like mesothelioma developed.

Kazan Law specializes in representing clients diagnosed with asbestos-related illnesses, including mesothelioma. They have been ranked 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) list server for plaintiffs only and attend the AAJ's Annual and Winter Conventions. The extensive involvement in asbestos litigation gives our firm an unique edge. We can offer our clients the best possible representation in these complex cases.

Asbestos Class Actions

Mesothelioma lawsuits are filed on behalf of a variety of people who have suffered similar asbestos injuries. These asbestos lawsuits enable victims to receive compensation, without having to make individual claims. This can be time-consuming and costly.

Asbestos class actions are also a quicker way to get the compensation victims need. In the case of a class action, a single plaintiff is chosen to represent the group as a whole. The plaintiffs and their mesothelioma attorneys can focus on building strong arguments to obtain the best result for the family of the victim.

There are a variety of states in the US in which asbestos exposure is high. Class actions are common. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma lawsuits into one trial, ensuring that each case could be settled in an efficient manner instead of going through a series of trials.

However, it's important to remember that class actions aren't always in the best interests of the victims. The biggest issue with mesothelioma settlements is that victims aren't compensated as well as they would if they filed their own lawsuit against the asbestos companies.

Levy Konigsberg LLP has a team of mesothelioma attorneys 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 support to patients and their families. Our lawyers are knowledgeable about the ways and disadvantages of filing mesothelioma 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 in a mesothelioma case against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Contact us now for a no-obligation consultation. We're more than happy to discuss your case with you and discuss with you the options that are available.

Asbestos Bankruptcy Trusts

In the process of bankruptcy, asbestos-related companies, they set aside funds to compensate victims of mesothelioma, or other asbestos-related diseases. Instead of suing a business the victims can make a trust fund claim. The trusts ensure that there is enough funds to cover all legitimate claims.

To submit a claim to an asbestos trust you must satisfy the eligibility requirements. To qualify you must have worked for a company where the trust was established and have been diagnosed with an asbestos-related condition. You must also show proof of exposure, such as employment documents, affidavits from employees who worked with you, and in some cases the report of pathology or X-rays. If you are filing on behalf of someone who has passed away you must provide a death certificate.

Additionally each asbestos trust has its own set of criteria for evaluating a claim. Some trusts use a two-step process known as expedited review, and others have an individual review process. Lawyers who specialize in asbestos litigation will assist you in determining the most effective method for processing claims.

Asbestos trusts must pay claimants suffering from similar diseases equitably. To determine this, they have established disease levels that range from mesothelioma to the pleural disease, without significantly limiting pulmonary function.

People often have to file lawsuits and trust funds against multiple asbestos companies who are responsible for their exposure. Depending on state law, these companies must disclose details about trust claims during the discovery phase of a lawsuit.

While certain states have passed legislation to prevent the sharing of this information, most courts have allowed this to happen. The U.S. Department of Justice however, has called for increased accountability of asbestos trusts. They claim that they are not protected from fraudulent claims and improper management.

The American Association for Justice offers assistance and resources to asbestos lawyers. Members can network on a plaintiff-only list server 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 in the group concentrate on cases involving asbestos-related diseases and mesothelioma.

Asbestos Settlements

A successful asbestos lawsuit may assist victims to receive compensation for their losses. These include medical expenses, loss of income as well as home care expenses emotional distress, pain and suffering, and lost quality of life. Asbestos-related victims can also seek punitive damages from negligent companies who put profits before worker safety.

The amount of a settlement or award depends on the unique losses suffered by the victim. Each case must be evaluated by an experienced New York mesothelioma attorney who will ensure that the victims receive the highest compensation.

Mesothelioma and other asbestos-related diseases are not easy to detect or treat. It is important that victims have an experienced legal team who can identify the sources of asbestos exposure and anticipate defenses from the liable parties.

In the mesothelioma lawsuit process, the lawyer representing the victim will be able to gather evidence and analyzing their exposure to asbestos in order to prove that the asbestos-related illness was caused by the defendants' actions. They may interview former and current employees who worked at the job sites where the client was exposed. They can also look over documents from the factory or financial records that prove that the defendants were aware of the risks that asbestos poses and did not protect their employees.

There aren't any public statistics in Connecticut that provide information about asbestos cases and verdicts. However, national data indicates that most asbestos cases settle prior to trial. The majority of those that reach trial result in a victory for the plaintiff, even though there have been asbestos jury verdict cases that were reduced to take into account medical insurance benefits that the victim or their loved loved ones received.

There are a variety of asbestos litigation dockets across the United States, each with their specific rules and procedures. In upstate New York the 5th Judicial District that includes Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket overseen by Justice Charles C. Merrell. The 4th District, on the other hand has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi and is governed by an order for case management that is specific to asbestos.