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Asbestos Litigation Group You need a firm who can provide a full range of support regardless of whether you are working on asbestos litigation or any other toxic tort case. This includes electronic discovery management, high-tech depositions and a complete solution for managing massive amounts 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 The first asbestos lawsuit in the United States was filed by Anna Pirskowski in 1929 in Newark federal court. The case was not successful however it was the beginning of a decade-long effort to make asbestos companies pay compensation to victims of their exposure. In the 1960s, health experts began to see that a connection existed between asbestos and certain diseases, such as mesothelioma. The asbestos industry fought to keep the findings quiet, but articles about this research began to circulate. Unions of workers, among other groups, demanded that asbestos producers inform people about the dangers. During this time, many asbestos producers were found to be negligent and were required to pay compensation to victims. This was made possible by laws that require anyone who creates a hazardous product to provide the consumer a warning so that they can protect themselves. By the 1980s, the pattern of asbestos litigation had changed. Attorneys began representing asbestos-exposure workers at other places of work instead of focusing exclusively on asbestos miners and manufacturers. This included shipyards, refineries, railroads and power plants. These claims often became large class actions. One of the biggest problems with this litigation pattern was that many plaintiffs' lawyers took on too much work. They were specialized in contacting and bundling clients to file lawsuits in huge numbers. They hoped to overwhelm the judicial system and the defendants with these mass filings. Many law firms representing plaintiffs focused on making money instead of taking care of their injured clients. Some firms screened their clients with mobile vans that emit radiographs, and refused compensation when serious illnesses like mesothelioma arose. The lawyers at Kazan Law specialize in representing those suffering from asbestos-related diseases which include mesothelioma. They have been ranked 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) list server for plaintiffs only and attend AAJ's Annual and Winter Conventions. This broad involvement in asbestos litigation gives our firm a unique advantage. We can offer our clients the best representation possible in these complex cases. Asbestos Class Actions Mesothelioma class actions are lawsuits filed on behalf of a large number of people with similar asbestos injuries. These asbestos lawsuits permit victims to receive compensation without the need to make individual claims. This can be costly and time-consuming. Asbestos class actions can be an efficient method to obtain the compensation victims need. In a class action, one plaintiff is chosen to represent the group as a whole. The plaintiff and their mesothelioma lawyers concentrate on constructing strong cases in order to achieve the best possible outcome for the family of the victim. Class actions can be found in a variety of areas across the country with an elevated level of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials merged hundreds of mesothelioma cases in a single trial so that each case could be settled efficiently instead of going through several individual trials. However it is important to remember that class actions are not always in the best interests of the victims. The biggest issue with mesothelioma settlements lies in the fact that victims are not compensated as fully as they would be if they filed their own lawsuit against asbestos companies. The mesothelioma lawyers at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other types of asbestos litigation. For more than 20 years, we've been committed to providing comprehensive legal assistance to patients as well as their families. Our lawyers are able to file mesothelioma cases both federal and state courts. We represent victims from all over the United States, even though the majority of them live in or around New York. No matter if you are in California or Florida, we can help you receive the money you are entitled to from a mesothelioma lawsuit against negligent asbestos producers. Call us now for a no-obligation consultation. We're happy to discuss your needs and present the options to you. Asbestos Bankruptcy Trusts During the asbestos bankruptcy process companies set aside money to compensate victims with mesothelioma and other asbestos-related illnesses. Instead of suing a business or a person, victims can submit a trust fund claim. The trusts are designed to ensure that there is enough money available to pay for all claims that are valid. To file a claim with an asbestos trust you must satisfy eligibility requirements. You must have worked for a company that set up the trust and be diagnosed with an asbestos-related disease to qualify. You must also show proof of exposure, which includes employment records, affidavits from people who worked with you and, in some cases, pathology reports or X-rays. If you are filing on behalf of a deceased individual, you will need to provide a death certificate. In addition, each asbestos trust has its own criteria for how to evaluate 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 best method of claim processing. Asbestos trusts must fairly compensate claimants with similar diseases. To achieve this, they have established levels of disease that range from mesothelioma without significant respiratory function to pleural disorders. Burbank asbestos attorney have to file lawsuits and trust funds against multiple asbestos companies that are accountable for their exposure. Under state law, companies may be required to disclose information regarding trust claims during the discovery phase. While some states have passed legislation to prevent 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 for asbestos trusts. They say they aren't protected against fraud and mismanagement. The American Association for Justice offers assistance and resources for asbestos lawyers. Members can network through a plaintiffs-only list server and also 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 will allow victims to recover compensation for their losses. Medical bills, lost income home-care expenses, emotional distress and pain and suffering are all included. Asbestos victims can also seek punitive damages from negligent companies who put profits ahead of worker safety. The amount of an award or settlement is contingent on the individual losses of the victim. It is crucial that each case is evaluated by a skilled New York mesothelioma lawyer who will ensure that victims receive the maximum amount of compensation. Mesothelioma and other asbestos-related illnesses are not easy to diagnose or treat. This is why it is crucial that patients have an attorney on their side that knows how to identify the sources of exposure, and who can anticipate defenses from the liable parties. During the mesothelioma litigation process, the victim's legal team will be able to gather evidence and analyzing their exposure to asbestos in order to demonstrate that the asbestos-related disease was caused by the defendants' actions. They may interview employees, both former and current, who worked at the work sites where the client was exposed. They may also examine the financial records and factory records which show that the defendants knew about the dangers of asbestos and failed to protect their workers. There aren't any public statistics for Connecticut that provide information about asbestos cases and verdicts, nationwide 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 which were reduced to account for the medical insurance benefits victims or their loved ones received. There are a variety of types of asbestos litigation dockets across the country, each with its own specific rules and procedures. In the upstate region of New York the 5th Judicial District that comprises Onondaga and Oswego and Herkimer and Jefferson has an asbestos docket overseen by Justice Charles C. Merrell. The 4th District, on the other side has a judge who is dedicated to asbestos cases, Justice Richard T. Aulisi, and operates under an order for case management that is asbestos-specific.