Asbestos Litigation Group
If you're involved in asbestos litigation or another toxic tort issue, you require a company that can provide complete support. This includes electronic discovery management, high-tech depositions, and a complete solution for managing 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
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 the beginning of a decade-long campaign by asbestos companies to pay victims for their exposure.
In the 1960s, health scientists began to realize that a connection existed between asbestos and the diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed however, news articles about the research started to surface. Unions of workers and other groups began demanding that asbestos producers be forced to inform people about the dangers posed by the deadly mineral.
In this time asbestos producers were found to be negligent and ordered to pay compensation to victims. This was made possible by laws that require anyone who develops a dangerous product to give information to consumers so that they can protect themselves.
In the 1980s, asbestos litigation began to change. Attorneys began representing asbestos-exposed workers in other workplaces 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 major issues with this litigation pattern was that plaintiffs' lawyers were tasked with too many tasks. They specialized in contacting clients, bundling them together and filing lawsuits in bulk. The purpose of these mass filings was to overwhelm the court system and the defendants.
Many law firms representing plaintiffs focused on generating profit instead of taking care of their injured clients. Some firms screened their clients with mobile vans that released radiographs, and refused compensation for serious illnesses like mesothelioma emerged.
Kazan Law specializes in representing clients diagnosed with 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) list server for plaintiffs only and attend AAJ's Annual and Winter Conventions. This extensive involvement in asbestos litigation provides our firm with a distinct edge. We can provide our clients with the most effective representation in these difficult cases.
Asbestos Class Actions
Mesothelioma class actions are lawsuits filed on behalf of a group of asbestos-related injuries. These kinds of asbestos lawsuits enable victims to receive compensation without the need to file individual claims against multiple defendants which can be costly and time-consuming.
Asbestos class actions can be a quicker way to get the compensation that victims need. In
Bellevue asbestos attorney of a class action, a single plaintiff is appointed to represent the entire group. The plaintiff and their mesothelioma attorneys can focus on building solid cases to achieve the best possible outcome for the victim and their family.
Class actions are common throughout the country where there is an elevated level of asbestos exposure. In New York, the Brooklyn Navy Yard trials and Con Edison powerhouse cases combined hundreds of mesothelioma cases into a single instance, so that each claim could be dealt with efficiently rather than going through multiple individual trials.
It's important to remember that class actions may not always be in the best interest of 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 have received in the event of filing their own individual lawsuit against the companies responsible for their asbestos exposure.
Levy Konigsberg LLP has a team of mesothelioma attorneys that are experienced in representing asbestos victims in class actions and other types litigation. For over two decades, we've committed ourselves to providing families and patients with comprehensive legal support. Our attorneys understand the details of filing mesothelioma lawsuits state courts, as well as federal courts.
While the majority of our clients live in and around New York, we regularly represent victims across the United States. We can help you get the justice you deserve for mesothelioma cases against negligent asbestos manufacturers, whether you live in California, Florida or anywhere else. Call us today for a no-cost consultation. We're more than eager to discuss your case with you and go over with you the options that are available.
Asbestos Bankruptcy Trusts
During the bankruptcy process of asbestos-related companies, they set aside funds to compensate victims of mesothelioma, or other asbestos-related diseases. Instead of filing a lawsuit against the company, patients are able to file trust fund claims. The trusts are designed to ensure that there is enough money available to pay all valid claims.
To make a claim through an asbestos trust you must satisfy the eligibility requirements. You must have worked for a company that set up the trust and be diagnosed with an asbestos-related illness to qualify. You must also provide 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're filing on behalf of someone who has passed away you must submit the death certificate.
Each asbestos trust has its own set of criteria for evaluating a claim. Some trusts use a two-step process called expedited review, while others have an individual review system. Lawyers who specialize in asbestos litigation can assist in determining the best method for processing claims.
Asbestos trusts are required to pay claimants suffering from similar diseases equally. To achieve this, they have established levels of disease that range from mesothelioma that has no significant pulmonary function to pleural diseases.
It is typical for people to make trust funds and lawsuits against several asbestos companies accountable for their exposure. Depending on state law they must provide information about trust claims during the discovery phase of the lawsuit.
While certain states have passed legislation to prevent the sharing of this information, a lot of courts have allowed this to happen. However, the U.S. Department of Justice has been calling for more accountability in asbestos trusts, because they lack security measures to stop fraud and mismanagement.
The American Association for Justice offers assistance and resources for 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 primarily handle cases that involve asbestos-related diagnoses and mesothelioma.
Asbestos Settlements
A successful asbestos lawsuit could aid victims in receiving compensation for their losses. Medical bills, lost income home-care expenses, emotional distress and suffering are all included. Asbestos-related victims may also be able to seek damages for punitive harm against companies that put profit over safety of workers.
The amount of an award or settlement is contingent on the unique losses suffered by the victim. It is crucial that each case is assessed 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. It is essential that patients have a knowledgeable legal team who can identify the sources of exposure to asbestos and anticipate defenses from the parties responsible.

During the mesothelioma legal process, the victim's legal team will spend time gathering evidence and analyzing their exposure to asbestos in order to demonstrate that the asbestos-related disease was caused by defendants actions. They might interview former and current employees who worked at the job places where the victim was exposed. They can also look over financial documents 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 which provide information on asbestos cases and verdicts, national research indicates that the majority of asbestos cases settle prior to trial. The majority of cases that go to trial end up being a victory for the plaintiff, however there have been several asbestos jury verdicts that have been reduced to reflect medical insurance benefits the victim or loved ones received.
There are numerous types of asbestos litigation dockets throughout the United States, each having their own rules and procedures. In upstate New York, the 5th Judicial District (which includes Onondaga, Oswego, Herkimer, and Jefferson) has an asbestos-specific docket that is overseen by Justice Charles C. Merrell, while the 4th District has a dedicated asbestos judge -- Justice Richard T. Aulisi and operates under an asbestos-specific case management order.