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Asbestos Litigation Group Whether you're working on asbestos litigation or another hazardous tort issue, you require a firm that can offer complete support. This includes electronic discovery management, high-tech depositions and a comprehensive solution to manage huge volumes of information. 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 at Newark federal court. The case was unsuccessful but it marked an entire decade of effort by asbestos firms to compensate victims for their exposure. In the 1960s, health researchers began to recognize 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 and other organizations began to demand that asbestos manufacturers be forced to warn the public about the dangers posed by the dangerous mineral. In the course of this time, a number of asbestos manufacturers were found guilty of negligence and required to pay compensation to victims. This was made possible by the laws which require anyone who makes an unsafe product to provide the consumer a warning so that they can protect themselves. In the 1980s, asbestos litigation began to evolve. Attorneys began representing asbestos-exposed employees in other industries, instead of focusing solely on asbestos miners and asbestos manufacturers. Shipyards, refineries and railroads were among the places of work that were affected. These claims typically became large class actions. One of the biggest issues with this type of litigation was that plaintiffs' lawyers were tasked with too many tasks. They specialized in contacting clients, aggregating them and filing lawsuits in bulk. These massive filings were designed to overburden the court system and the defendants. Many plaintiffs' firms were more focused on making profits than looking after their clients who were injured. Some even screened clients with mobile x-ray vans. They denied them compensation if serious illnesses were discovered like mesothelioma. Kazan Law specializes in representing clients suffering from asbestos-related illnesses including mesothelioma. They have been ranked by U.S. News & World Report as “Best Lawyers in asbestos Litigation.” They participate in regular meetings of the 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 edge. We are able to provide our clients the best possible representation in these complex cases. Asbestos Class Actions Mesothelioma class actions are lawsuits filed on behalf of a large number of asbestos-related injuries. These kinds of asbestos lawsuits allow victims to receive compensation without having to bring individual claims against several defendants which can be costly and time-consuming. Asbestos class actions are also an efficient method to obtain the compensation victims need. In an action that is a group, one plaintiff is chosen to represent the group as a whole. The plaintiff and their mesothelioma attorneys can concentrate on constructing strong cases to achieve the best possible outcome for the victim and their family. There are many areas in the United States where asbestos exposure is very high. Class actions are frequent. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma cases in one trial, so that each case could be resolved in an efficient manner instead of going through a series of trials. It is crucial to remember that class actions may not always be in the best interests of the victims. The primary issue with mesothelioma class action settlements is that they are often unable to provide victims with the same compensation as they would when they had filed their own lawsuit against the companies responsible for their asbestos exposure. Levy Konigsberg LLP has a team of mesothelioma lawyers who have years of experience representing asbestos victims in class actions and other forms of litigation. For more than two decades, we've dedicated ourselves to providing families of patients with a full legal assistance. Our attorneys know how to file mesothelioma cases 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. If you reside in California or Florida, we can help you receive the money you deserve as a result of mesothelioma lawsuits against negligent asbestos producers. Contact us today for a no-obligation consultation. We are available to discuss your situation and explain the options available to you. Asbestos Bankruptcy Trusts During the bankruptcy process of asbestos companies, they reserve funds for compensation to victims with mesothelioma or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients are able to file trust fund claims. The trusts guarantee that there is enough money to cover any valid claims. You must meet certain eligibility requirements to submit a claim. You must have worked for a company that established the trust and be diagnosed with an asbestos-related condition to be eligible. You must also prove that you were exposed to asbestos, including employment records, affidavits of those who worked with you and, in some instances, pathology reports or radiographs. If you're filing on behalf someone who died you must submit the death certificate. In addition each asbestos trust has its own criteria for evaluating an application. Some trusts use a two-step speedy review process, whereas others use an individual review system. Lawyers who specialize in asbestos litigation will assist you in determining the best method for processing claims. Asbestos trusts must compensate claimants suffering from similar diseases equitably. To achieve this, they set levels of disease that range from mesothelioma with no significant respiratory function to pleural disorders. People often file lawsuits and trust funds against multiple asbestos companies that are responsible for their exposure. According to the law of the state, companies could be required to disclose details regarding trust claims during the litigation discovery phase. While some states have passed laws to prevent the sharing, many courts have allowed the sharing. The U.S. Department of Justice however, has called for greater accountability of asbestos trusts. They say they lack safeguards against fraud and mismanagement. The American Association for Justice provides resources and support for asbestos lawyers. Members can connect with each other through a plaintiffs-only list server, and attend meetings during the AAJ's annual and winter conventions. The Asbestos Litigation Group is open to Regular, Life, Sustaining and President's Club AAJ members. The attorneys in the group primarily handle cases involving asbestos-related diseases and mesothelioma. Asbestos Settlements A successful asbestos lawsuit can allow victims to recover compensation for their losses. This includes medical expenses, income loss and home care costs emotional distress, pain and suffering and loss of quality of life. Westminster asbestos lawsuit may also be able seek punitive damages against negligent companies that put profit over worker safety. The amount of a settlement or award depends on the specific losses suffered by the victim. It is essential that every case is assessed by an experienced New York mesothelioma lawyer who will ensure that victims receive the maximum amount of compensation. It is not easy to recognize and treat mesothelioma or other asbestos-related illnesses. It is important that victims have a skilled legal team who can determine the sources of asbestos exposure and anticipate the defenses of the liable parties. During the mesothelioma lawsuit process the victim's legal team spends time collecting evidence and investigating the asbestos exposure of the victim to establish that defendants' actions caused the asbestos-related disease. They may interview former and current employees who worked at the job sites where the client was exposed. They may also examine the records of factories and financial documents that reveal that the defendants were aware about asbestos' dangers and failed to protect their workers. Although there aren't any official statistics that offer information regarding asbestos cases or verdicts in Connecticut, national data shows that the majority of asbestos cases settle before trial. Most asbestos cases that reach trial end with a victory for the plaintiff. However there have been several asbestos jury award cases that were reduced to reflect the medical insurance benefits that victims or their loved ones received. There are numerous types of asbestos litigation dockets in the United States, each with its own rules and procedures. In upstate New York the 5th Judicial District which 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 committed to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is specifically geared towards asbestos.