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Asbestos Litigation Group You require a firm that can offer a comprehensive service whether you're involved in asbestos litigation or another toxic tort case. This includes providing electronic discovery management; high-tech deposition solutions; and an all-encompassing solution for managing large volumes of case information. The group is open to 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 Anna Pirskowski filed the first asbestos lawsuit in 1929 at Newark federal court. The case was unsuccessful however it was the beginning of a decade-long campaign to force asbestos companies pay victims for their exposure. In the 1960s, health researchers began to notice a link between asbestos and various diseases like mesothelioma. The asbestos industry attempted to keep the findings from being revealed however, news articles about the research began to circulate. Unions of workers, among other groups, demanded that asbestos manufacturers inform people about the dangers. In the course of this time, a number of asbestos manufacturers were found to be negligent and were required to pay compensation to victims. This was made possible through laws that require anyone who develops an unsafe product to provide the consumer a warning to protect themselves. In the 1980s, asbestos litigation began to evolve. Attorneys began representing asbestos-exposure workers at other places of work instead of focusing exclusively on asbestos miners or asbestos manufacturers. This included shipyards, refineries railways, power plants, and power stations. These claims usually resulted in large class actions. This type of litigation was prone to many issues, including the fact that plaintiffs' attorneys were tasked with a lot of work. They specialized in soliciting clients, combining them and filing lawsuits in bulk. They hoped to overwhelm the judiciary and defendants by filing massive lawsuits. Many law firms for plaintiffs focused on generating profit instead of taking care of their injured clients. Some even screened their clients with mobile x-ray vans, and refused them compensation if serious illnesses were discovered, such as mesothelioma. The attorneys 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 participate in regular meetings of national Asbestos Trial Attorneys Association (AJA) plaintiff-only list server and attend AAJ's Annual and Winter Conventions. This broad involvement in asbestos litigation provides our firm with an advantage. We can provide our clients with the most effective representation in these complicated cases. Asbestos Class Actions Mesothelioma lawsuits are filed on behalf of many people who have suffered similar asbestos injuries. These kinds of asbestos lawsuits permit victims to receive compensation without having to bring individual claims against several defendants which can be costly and time-consuming. Asbestos class action lawsuits are a faster way to get victims the compensation they deserve. In a class-action lawsuit, the plaintiff is selected to represent the entire group. The plaintiffs and their mesothelioma attorneys can focus on building strong arguments to obtain the best possible outcome for the victim and family. Class actions are common throughout the country with an elevated level of asbestos exposure. In New York, for example the Brooklyn Navy Yard and Con Edison powerhouse trials combined hundreds of mesothelioma lawsuits into one trial, ensuring that each case could be resolved in an efficient manner instead of going through several individual trials. However it is important to remember that class actions aren't always in the best interests of victims. The main problem with mesothelioma settlements is that victims are not compensated as much as they would when they filed their own lawsuit against the asbestos companies. The mesothelioma attorneys at Levy Konigsberg LLP are well-versed in representing victims in class action lawsuits and other asbestos-related litigation. Since over 20 years, we've been committed to providing comprehensive legal assistance to patients and their families. Our lawyers know the ways and disadvantages of filing mesothelioma lawsuits state courts as well as federal courts. We represent victims from all over the United States, even though the majority of them reside in or around New York. We can help you receive the compensation you deserve for mesothelioma cases against negligent asbestos manufacturers, whether you reside in California, Florida or anywhere else. Call us today for a free consultation. We're available to discuss your needs and explain the options available to you. Asbestos Bankruptcy Trusts In the process of bankruptcy, asbestos-related companies, they set aside funds for compensation to victims with mesothelioma, or other asbestos-related diseases. Instead of suing the company, victims are able to file trust fund claims. The trusts are designed to ensure that there is enough money to pay all valid claims. You must meet certain eligibility requirements in order to submit a claim. To qualify you must have been employed at a company for which the trust was created and be diagnosed with an asbestos-related disease. You must also provide proof that you were exposed to asbestos, such as employment records, affidavits of those who worked with you and, in some instances, pathology reports or radiographs. If you're filing on behalf of someone who died, you must provide the death certificate. In addition, each asbestos trust has its own rules for how to evaluate a claim. Some utilize a two-step expedited review process, while others use an individual review system. Lawyers who specialize in asbestos litigation can assist you in determining the best method for processing claims. Asbestos trusts must pay claimants suffering from similar diseases fairly. To be able to do this, they must have established disease levels that range from mesothelioma to Pleural disease that is not significantly restricted in pulmonary function. People frequently file lawsuits and trust funds against multiple asbestos companies that are accountable for their exposure. According to the laws of each state the companies are required to disclose details about trust claims during the discovery phase of the lawsuit. While certain states have passed laws to prevent sharing, many courts have permitted sharing. The U.S. Department of Justice, however, has called for increased accountability of asbestos trusts. They say they are not protected from fraud and mismanagement. The American Association for Justice provides resources and support for asbestos lawyers. Members can network via a list server that is exclusively for plaintiffs and attend meetings during the AAJ's winter and annual conventions. The Asbestos Litigation Group is open to Regular Life, Sustaining, and President's Club AAJ members. The lawyers in the group are primarily involved in cases involving asbestos-related diseases and mesothelioma. Asbestos Settlements A successful asbestos lawsuit can help victims receive compensation for their losses. Medical bills, lost income, home-care expenses, emotional distress and pain and suffering are all included. Asbestos victims may also seek punitive damages from negligent companies who put profits before worker safety. The amount of an award or settlement is contingent on the individual losses of the victim. Each case is examined by an experienced New York mesothelioma attorney who will ensure that victims receive the maximum compensation. It's not easy to diagnose and treat mesothelioma as well as other asbestos-related diseases. It is essential that patients have a knowledgeable legal team who can identify the sources of asbestos exposure and anticipate the defenses from the responsible parties. In the process of a mesothelioma suit the victim's legal team spends time collecting evidence and analyzing the victim's exposure to asbestos to establish that the actions of defendants caused the asbestos-related disease. They may also interview current and former employees who worked at the work places where the victim was exposed. They may also examine the records of the factory and financial documents to prove that the defendants were aware of the risks associated with asbestos exposure and did not protect their employees. Although there aren't any official statistics that provide information on asbestos cases or verdicts in Connecticut however, data from across the country shows that most asbestos cases are settled before trial. The majority of those that go to trial end up being an outcome for the plaintiff, even though there have been several asbestos jury verdicts that were reduced to account for medical insurance benefits the victim or loved family members received. There are many different types asbestos litigation dockets in the United States, each with their own rules and procedures. In upstate Avondale asbestos lawyers 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 side, has a judge committed to asbestos cases, Justice Richard T. Aulisi, and operates under a case management order that is asbestos-specific.