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Asbestos Litigation Group If you're involved in asbestos litigation or another hazardous tort, you'll need a firm that can offer comprehensive assistance. This includes electronic discovery management, high-tech depositions and a comprehensive solution to manage massive amounts of information. The group is open to members of all AAJ members, including Regular Life, Sustaining and President's club 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 dismissed, but it marked an entire decade of effort by asbestos firms to compensate victims for their exposure. In the 1960s, health researchers began to realize that 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 circulate. Unions representing workers, along with other groups, demanded asbestos manufacturers warn people about the dangers. In the course of this time, a number of asbestos producers were found guilty of negligence and were required to compensate victims. This was possible because of laws that require anyone creating a dangerous product, to notify the public so that they can safeguard themselves. In the 1980s, asbestos litigation started to evolve. Instead of focusing on asbestos miners and manufacturers, lawyers represented people exposed to asbestos in various other workplaces. Railroads, refineries, and shipyards were among the workplaces that were affected. These claims typically led to class actions of a large size. One of the major issues with this pattern of litigation was that a lot of plaintiffs' lawyers were tasked with too much work. They were experts in soliciting and bundling clients to file lawsuits in huge numbers. The purpose of these mass filings was 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 even screened clients with mobile x-ray vans and refused them compensation when serious illnesses arose, such as mesothelioma. The lawyers at Kazan Law specialize in representing individuals diagnosed with asbestos-related diseases, including mesothelioma. They have been recognized by U.S. News & World Report as “Best Lawyers in Asbestos Litigation.” They participate in regular meetings of national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server, and attend AAJ's Annual and Winter Conventions. The extensive involvement in asbestos litigation provides our firm with a distinct edge. We can provide our clients with the best representation possible 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 kinds of asbestos lawsuits allow victims to get compensation without having to make individual claims against a number of defendants which can be expensive and time-consuming. Asbestos class action lawsuits are also an effective method of getting victims the compensation they require. In the case of a class action, a single plaintiff is appointed to represent the group as a whole. The plaintiffs and their mesothelioma attorneys will focus on constructing a strong arguments to obtain the best outcome for the family of the victim. There are numerous regions in the United States where asbestos exposure is very high. Tacoma asbestos lawsuits are frequent. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma claims into a single case 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 may not always be in the best interests of the victims. The main issue with mesothelioma settlements is that they are often unable to provide victims with the same compensation as they would have received when they had filed their own lawsuit against the companies accountable for their asbestos exposure. Levy Konigsberg LLP has a team of mesothelioma attorneys that have years of experience representing asbestos victims in class actions and other forms of litigation. Since more than 20 years, we have been committed to providing comprehensive legal assistance to patients as well as their families. Our lawyers know the ways and disadvantages of bringing mesothelioma-related 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 throughout the United States. If you reside in California or Florida, we can help you receive the compensation you deserve as a result of mesothelioma lawsuits against negligent asbestos producers. Contact us today to schedule a free consultation. We are available to discuss your case and present the options to you. Asbestos Bankruptcy Trusts During the bankruptcy process of asbestos-related companies, they set aside funds for compensation to victims with mesothelioma or other asbestos-related diseases. Instead of suing the company, victims make trust fund claims. The trusts are designed to ensure that there is enough money available to cover all legitimate claims. You must meet certain eligibility requirements to make a claim. You must have worked for a company that established the trust and be diagnosed with an asbestos-related condition to qualify. You must also provide proof that you were exposed to asbestos, such as employment records, affidavits from employees who worked with you and, in some cases, pathology reports or radiographs. If you are filing on behalf a deceased individual you must provide a death certificate. Each asbestos trust also has its own set of criteria to determine how to evaluate a claim. Some have a two-step process known as expedited review, and others have an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the best method of claim processing. Asbestos trusts must equitably compensate claimants who have similar diseases. To do this, they set the levels of disease that vary from mesothelioma without significant respiratory function to pleural disorders. It is common for people to file trust funds and lawsuits against a variety of asbestos companies that are responsible for their exposure. Depending on state law, these companies must disclose information regarding trust claims during the discovery phase of the lawsuit. While some states have passed laws that prohibit the sharing of this information, most courts have allowed it to happen. However the U.S. Department of Justice has been calling for increased accountability in asbestos trusts, because they lack security measures to stop fraud and sloppy management. The American Association for Justice provides resources and support for asbestos lawyers. Members can connect through a plaintiffs-only list server, and attend meetings at the AAJ's 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 that involve asbestos-related diagnoses and mesothelioma. Asbestos Settlements A successful asbestos lawsuit can help victims recover compensation for their losses. These include medical expenses, loss of income as well as home care expenses emotional suffering, distress, and lost quality of life. Asbestos victims might also be able to pursue damages for punitive harm against companies that put profit over safety of workers. The amount of an award or settlement will depend on the specific losses suffered by the victim. Each case is examined by an experienced New York mesothelioma attorney who will ensure victims receive maximum compensation. Mesothelioma and other asbestos-related illnesses are difficult to identify or treat. It is important that victims have an experienced legal team who can identify the sources of exposure to asbestos and anticipate the defenses of the responsible parties. In the mesothelioma lawsuit process, a lawyer representing the victim will spend time gathering evidence and investigating their exposure to asbestos to prove that the asbestos-related illness was caused by the defendants' actions. They might interview employees, both former and current, who worked at the work locations where the client was exposed. They can also look over financial documents and factory records which show that the defendants knew about asbestos's dangers but failed to protect their workers. Although there aren't any official data in Connecticut that give information on asbestos cases and verdicts, nationwide evidence suggests that the majority of asbestos cases settle prior to trial. Most asbestos cases that reach trial end with a victory for the plaintiff. However there have been a few asbestos jury award cases which were reduced to take into account the medical insurance benefits the victim or their loved family members received. There are a variety of kinds of asbestos litigation dockets throughout the nation, each with distinct rules and procedures. In the upstate region of New York, the 5th Judicial District (which comprises Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket that is controlled by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -the judge – Justice Richard T. Aulisi and is governed by an asbestos-specific case management order.