42 Years - A Professional Law Corporation - Helping Asbestos Victims Since 1974

Posts by: Steven Kazan

When Should I File a Mesothelioma Lawsuit?

mesothelioma lawsuitFiling a mesothelioma lawsuit should be a priority for you and your family if you are reading this.  When you receive a mesothelioma diagnosis, it is because you worked with asbestos or because you lived with someone who worked with asbestos. That means you’ve got a good chance of winning a large amount of money in damages in a mesothelioma lawsuit.  Timing is critical. Mesothelioma is a fast-moving disease. Court systems can move slowly. You will need an experienced asbestos lawyer to help you get compensation from the companies that manufactured or installed the asbestos materials you were exposed to.

Best Mesothelioma Lawsuit Timing Improves Chances of Winning

Filing a mesothelioma lawsuit should be done as soon as a mesothelioma diagnosis can be verified.  A mesothelioma diagnosis, verifying the fact that you or a loved one has mesothelioma, is the key piece of evidence of harm from asbestos exposure.  Without it, you might risk wasting your time and possibly your money for unnecessary court fees. Knowing that you have been exposed to asbestos is upsetting but it is not sufficient grounds to file an asbestos lawsuit. A lawyer who tells you otherwise is not telling you the truth.

If you have been exposed to asbestos, but have not been diagnosed with mesothelioma or another asbestos disease, we recommend that you:

  • Monitor your health carefully
  • Tell your doctor that you have been exposed to asbestos
  • Seek medical attention promptly if you feel unwell
  • Be aware that mesothelioma symptoms can seem like flu symptoms
  • Find out more about asbestos-related diseases and their symptoms

A Mesothelioma Lawsuit Requires a Medical Diagnosis

To help you win a mesothelioma lawsuit as quickly as possible, even the best attorney needs solid evidence on your behalf.  A lawsuit cannot be filed without vital information that only you can provide.  Getting this information pulled together ahead of time will help a good mesothelioma lawyer know you have a solid case and enable them to move swiftly on your behalf.

Because mesothelioma symptoms such as fatigue, shortness of breath and coughing can be similar to symptoms of other illnesses such as a flu or bronchitis, it is important to be persistent in seeking a diagnosis. If your doctor is dismissive of you, seek another opinion as soon as possible.  A firm mesothelioma diagnosis that will stand up in court will require lab test results. You need to see a physician who knows what lab tests are needed and will order them for you.

You need to provide several pieces of information to verify that you are suffering from mesothelioma. Be prepared to provide the:

  • Date and place of your diagnosis
  • Name and number of physician who diagnosed you Pathology report, chest X-ray reports, CT-chest reports which your physician can give you

This is the cornerstone you need to start a mesothelioma lawsuit. And if you can’t have these reports a good mesothelioma lawyer can get them with your permission, but that takes extra time. The information below is also necessary but it is information your mesothelioma lawyer can help acquire after you have filed a mesothelioma lawsuit.

Mesothelioma Lawsuit Needs Employment History to Move Forward

If you have received a diagnosis of mesothelioma, it is time to call a lawyer. Mesothelioma is not genetic.  It is not caused by risky behavior like smoking.  You receive a mesothelioma diagnosis because someone else chose to put you and your family at risk by exposing you to asbestos.

In your mesothelioma lawsuit, you need to prove that you developed mesothelioma because you or someone in your family was exposed to asbestos at work or in the military.  Below is work history information that will be needed. If you cannot provide this information, don’t worry.  Part of what a good mesothelioma attorney can do is all of the investigative work needed to find out this information. It is called the “discovery” part of a lawsuit. However it will help your mesothelioma lawsuit proceed more quickly if you can provide:

  • The name of the company or companies you worked for. If any company has been sold to another company, try to find out that name, too.
  • The dates you worked for each company – when you started and when you stopped. Try to find and make copies of tax returns or W2 forms that support those dates.
  • The names of products and materials you handled as part of your job.
  • Your job title and specific job duties and job site locations.

If you do not remember the names of the products or have your old tax returns, your mesothelioma lawyer can put together this information for you.  But even the best mesothelioma lawyers like the best detectives, need clues to work with, so gather up these documents if you can:

  • Marriage, death, birth certificates
  • Health insurance cards, Medicare cards
  • Social Security records (detailed earnings with employer names)
  • Job resumes or job summary/timeline
  • Military: DD214, other documents

Statute of Limitations and Mesothelioma Lawsuit Timing

A statute of limitations sets legal deadlines for filing a lawsuit. Most lawsuits need to be filed within a certain amount of time. Once the period allowed for a statute of limitations passes, your time is up and you no longer have a valid legal claim.

In California time is critical so get the best mesothelioma lawyer you can find, as quickly as you can; you normally have one year to file a mesothelioma lawsuit from the date of your diagnosis. However, unlike in other states you do not need to know at the time you file your mesothelioma lawsuit who is responsible.  This can help you move forward with a mesothelioma lawsuits before the statute of limitations time period ends.

 

 

 

 

What Are Asbestos Compensation Claims?

asbestos compensation claimsMesothelioma is a particularly unforgiving form of cancer. Its victims usually succumb to the disease within one to two years. Sometimes the end may come much more quickly. There may be no time to pursue compensation while a family member is still living unless the family acts quickly. Ensuring proper healthcare and that your loved one is as comfortable as possible are your top priorities. This doesn’t change the fact that when someone in your family passes away due to mesothelioma, caused by asbestos, or another asbestos disease, you are likely to have very valuable asbestos compensation claims against the corporations responsible for exposing your loved one to asbestos.

After mesothelioma has claimed the life of your loved one, it is not too late to pursue asbestos compensation claims. You can file a type of lawsuit called a wrongful death lawsuit.

The Purpose of Wrongful Death Lawsuits

When you lose a family member to mesothelioma or other asbestos disease, you can file asbestos compensation claims for your own losses and on behalf of your loved one. Your claims may include the loss of future financial support and wages, the cost of medical bills, and the pain and suffering experienced between the diagnosis and the death of your family member. If the person you have lost was your spouse, you may be able to recover damages due to loss of consortium. This category of damages covers the loss of emotional support and comfort that the death has cost you.

The Basics of Asbestos Compensation Claims After Death

All legal claims are subject to statutes of limitations. This means that you need to take action within a certain amount of time or you lose your right to file a lawsuit. The statute of limitations for wrongful death claims varies from state to state. You will most likely need to file a wrongful death lawsuit within one to three years after the death of your family member due to asbestos exposure. It’s a good idea to consult an experienced asbestos attorney as soon as you can, to be sure you preserve your rights to your asbestos compensation claims.

There are some limits on who has the right to file a wrongful death lawsuit. You may be able to pursue asbestos compensation claims on behalf of your deceased loved one if you are a close family member: child (natural or adopted), spouse, parent, grandparent, sister, or brother.

If you are not a family member but you relied on the person who died for significant financial support, you may also have valid asbestos compensation claims that you can pursue through a wrongful death lawsuit. You must have a serious financial loss to qualify as financially dependent. California, for example, will allow non-family members to file wrongful death lawsuits if they received, at minimum, half their financial support from the person who died due to asbestos exposure.

Wrongful Death Verdicts and Settlements

Jury trials are not the only way to resolve asbestos compensation claims. About 95% of asbestos lawsuits are completely settled before trial. Settlement is appealing to corporations because it saves them the expense and embarrassment of a jury trial. The responsible companies can provide compensation without admitting guilt, in most cases, and the amount of the settlement is usually confidential.

Settlement is also beneficial for plaintiffs, because it spares you from the process of going through trial, which can be stressful and costly. While settlements are usually smaller than jury verdicts, they make up for this by saving plaintiffs legal costs. A settlement can also be the quickest way for you to get the compensation you need to make up for lost wages and pay medical bills.

There is a third avenue for asbestos compensation claims: asbestos trust funds. A number of companies have filed for bankruptcy due to asbestos lawsuits. Those corporations set up asbestos compensation funds, to pay their victims of asbestos exposure. If your loved one was exposed to asbestos by a corporation which has set up an asbestos trust fund, your attorney can make a wrongful death claim against the fund.

How Large Are Asbestos Compensation Claims After Death?

Like asbestos lawsuits filed by people with mesothelioma, wrongful death lawsuits relating to asbestos compensation claims can result in large payouts. Kazan Law has a track record of gaining large settlements and jury verdicts for its clients. In fact, Kazan Law won the highest wrongful death jury verdict in the State of California in 2014. A Kazan attorney was able to obtain $11.3 million in compensation for the widow and daughters of a man who had died due to exposure to asbestos-lined brakes at his workplace.

The amount you receive will depend on a number of factors, including the age and work prospects of the family member who died, the nature of the illness before death, and the weight of the evidence connecting his or her death to asbestos exposure at the hands of particular corporations. The amount you receive can also vary depending on whether you get it from an asbestos trust fund or through a settlement or verdict. An experienced asbestos attorney can walk you through these factors and help you assess the strength of your claim and the range of compensation you may be likely to receive.

That said, asbestos compensation claims often lead to settlements and verdicts worth millions of dollars.

How Do I File a Wrongful Death Lawsuit?

Your most important ally in recovering your asbestos compensation claims after the death of your loved one is your asbestos attorney. Good asbestos attorneys will take your case on a contingency basis. This means that you pay no legal fees unless your attorney is able to win compensation for your wrongful death claims; when you do receive payment, your attorney’s fees are a percentage of that money.

The most important decision you will make after the death of your family member – indeed, one of the most important financial decisions of your life – is the choice of your asbestos law firm. When you work with an experienced asbestos firm with a track record of winning compensation for mesothelioma clients, such as Kazan Law, it can mean the difference of millions of dollars in recovery for your asbestos compensation claims.

Mesothelioma Lawyers Verdicts and Settlements

mesothelioma lawyers Mesothelioma lawyers want to obtain compensation for you and your family for the wrongs done to you that caused your mesothelioma.  If you are suffering from mesothelioma it is because you were exposed to lethal asbestos dust without your permission.  In nearly all cases, the asbestos exposure occurred on the job – either at work or in the military.

Even though mesothelioma emerges decades after the exposure, which it typically does, skilled mesothelioma lawyers know how to investigate and discover what products and product manufacturers, distributors and other companies may be to blame.

Mesothelioma lawyers will then file a lawsuit on your behalf.  The lawsuit will result in either a verdict or a settlement.

How Mesothelioma Lawyers View Verdicts vs. Settlements

You may have heard of “settlements” or “verdicts” in lawsuits where one party has suffered great harm and injury because of another party. But what is the difference between the two, and how do mesothelioma lawyers decide which outcome will be in your best interests?

A settlement is an out-of-court agreement. It means that two parties in a lawsuit have reached an agreement without completing all the legal proceedings of a full trial. In some cases when all the parties settle, that means no trial.

Mesothelioma lawyers seek to file a lawsuit on behalf of a client with mesothelioma against the persons and/or businesses that caused their mesothelioma due to negligence or deliberate wrongdoing. The plaintiff is the person suffering from mesothelioma and the defendants are the parties accused of causing this harm to the plaintiff. If the plaintiff’s mesothelioma lawyer files a lawsuit against defendants but the lawyers for both sides are able to reach a negotiated compensation agreement before or during civil court proceedings, this is considered a settlement.  It generally involves an agreed upon sum of money to be paid to the plaintiff.

Either the plaintiff or the defendant may make the offer of a certain amount to be paid to the plaintiff to settle the case. The other side can choose to accept, counter or reject the offer.

Mesothelioma Lawyers and Trial Verdicts

A verdict or judgment is the final decision reached by a judge and/or jury in court proceedings. If your mesothelioma lawyers take your mesothelioma lawsuit to trial, both sides of the case will be heard. Then evidence will be evaluated in order to determine whether your opponents are guilty or not guilty. Unlike criminal court, where guilt must be proven “beyond a reasonable doubt,” the proof needed in a mesothelioma lawsuit is a “preponderance of evidence” in your favor. Preponderance is defined as most of the evidence.

If the defendant is found guilty, the jury may have the task of determining what amount of financial compensation the defendant will pay to the plaintiff. Mesothelioma lawyers will typically show evidence of the amount of compensation that should be awarded by reviewing current and future medical expenses, lost earnings and also the emotional impact that mesothelioma has had. Verdicts reached in civil court typically result in higher payouts to plaintiffs than settlements, but this can vary depending on specific factors in the case.

Why Mesothelioma Cases Settle

Mesothelioma lawyers sometimes advise their plaintiffs to settle mesothelioma cases out of court. This could be in your best interests so you can avoid a long courtroom battle. Whether your particular case goes to court and results in a verdict will depend on the circumstances, such as the defendants  willingness to pay fair settlements and your determination to seek maximum compensation even if it means going to trial. Your mesothelioma lawyers should discuss your options ahead of time to determine whether settling out of court or going to trial will be best for you , and regularly revisit this subject as the trial continues.

Mesothelioma Lawyers Who Win Multimillion Dollar Verdicts

When mesothelioma lawyers are among the best at what they do, they often win large multi-million dollar verdicts for their clients.  These clients are people who were wrongfully exposed to asbestos and are facing the tragic consequences.

Kazan Law in Oakland, California is a firm of mesothelioma lawyers who are rated as one of the premier mesothelioma law firms in the U.S.  Kazan Law won some of the first major victories for victims of asbestos exposure in the U.S. since it started over forty years ago.  Kazan Law helped establish asbestos litigation as a legal specialty and went on to win some of the biggest monetary verdicts for their clients.

Today well into the 21st century, Kazan Law’s dedication to legal excellence and justice for asbestos victims continues to result in major verdicts.  These verdicts gain Kazan Law recognition in the legal profession among their peers in the United States and throughout the world.

  • $32,800,000 – In 2016, Kazan Law won a California jury verdict for their client, a foundry worker for American Optical Corporation in Los Angeles, California, of $22.8 million in compensatory damages and $10 million in punitive damages for marketing a faulty respirator. Our client used a faulty American Optical respirator for 17 years expecting that it would protect him from breathing asbestos dust.
  • $6,951,000 – In 2015, a California jury returned a verdict, after a six-week trial, in favor of Kazan Law’s client a boilermaker by trade. The jury found Union Pacific Railroad Company responsible for the suffering and wrongful death of our client who worked as a boilermaker at the Southern Pacific Railroad from 1971 to 1995. The award consisted of $6,500,000 in pain and suffering damages in the mesothelioma lawsuit. The court had already determined that Mr. Emerson’s economic damages totaled $451,265 bringing the total of the verdict to $6,951,000.
  • $29,270,000 – In 2014, Kazan Law received first place ranking for highest wrongful death verdict amount in California. The recognition was bestowed by the legal profession’s leading publication The Recorder in its review of top verdicts. The $11,800,000 wrongful death verdict followed a two-phase trial verdict Kazan Law won on behalf of the family in previous years. In December 2010, the jury awarded $3,900,000 million in compensatory damages. In January 2011, Kazan Law obtained $13,500,000 in punitive damages. The verdict total amounted to $29,270,000.
  • $27,342,500 – In another recent case, the $27, 342,500 verdict won by Kazan Law for a client made the National Law Journal’s exclusive list of Top 100 Verdicts for 2013. The verdict covered damages for pain and suffering, loss of companionship and economic damages.

Super Lawyers Northern California 2016 List Features 7 Kazan Law Attorneys

Kazan Group jpegThe highly respected Super Lawyers list for 2016 has chosen seven Kazan Law attorneys for its selective compilation of the best attorneys in the United States. Seven Kazan Law attorneys were included in the list this year to represent the top lawyers in the Northern California region. Super Lawyers Kazan Law is a title each recipient continues to strive for year after year.

Considering that this exclusive peer-driven list is limited to only about 5% of the lawyers in the state of California and that we are in a very specialized area of law practice, the selection of seven of our attorneys for Northern California Super Lawyers 2016 is quite an achievement.

This year’s Super Lawyers list is the 12th consecutive one to include attorneys from Kazan Law.  A dozen solid years on the Super Lawyers list is an achievement we are proud of.  Yet we never take inclusion in Super Lawyers for granted. And it is not something we are even thinking about as we pursue our daily work of seeking justice for our clients who are victims of asbestos exposure.  But we are very gratified that our peers have chosen us once more for this honor.

The Northern California Super Lawyers 2016 list includes our firm’s senior partners. Our firm’s full name is Kazan, McClain, Satterley & Greenwood. We are very proud that each of these principals of our firm continues to be honored by the legal community as a Northern California Super Lawyer.

In addition, we are also delighted that another one of our partners was selected to the list as a Northern California Super Lawyer. This year marks Justin Bosl’s transition from the category of Rising Star to Super Lawyer.

Super Lawyers Kazan Law

Here are the Kazan Law Northern California Super Lawyers 2016 and the years their name has appeared on this significant list:

  • Steven Kazan -2004 – 2016
  • David McClain – 2004-2016
  • Gordon Greenwood – 2004, 2006 -2016
  • Joseph Satterley – 2013(Kentucky), 2014 – 2016
  • Justin Bosl – 2011 – 2016

Kazan Law Northern California Super Lawyers 2016 Rising Stars

In 1998, Super Lawyers started a Rising Stars list to highlight the best new attorneys in each state. Rising Stars are those acknowledged by their peers as the best attorneys under 40, or who have been practicing law for 10 years or less.  Just 2.5% of the lawyers in California are named to this list. We are very proud that two of Kazan Law’s attorneys have been chosen for this important distinction:

  • William Ruiz – 2012 – 2016
  • Michael Stewart – 2013 – 2016

How Northern California Super Lawyers Are Chosen

The Super Lawyers list serves as a resource for consumers trying to find the best legal representation. Unlike many professional listings, you cannot buy a listing in the Super Lawyers list by purchasing an ad. Super Lawyers attorneys are selected for inclusion by an extensively detailed rating process consisting of nominations and evaluations by other lawyers and additional research.

Each lawyer nominated for the list is judged in 12 categories of peer recognition and professional accomplishments. A new selection process is held annually in each state.

What makes the Northern California Super Lawyers list unique is that it consists of lawyers recommended by other lawyers.  There is no other way to get on this list. To be held in such high regard by our colleagues is a great honor.

How the Super Lawyers List is Distributed

The Super Lawyers list includes lawyers chosen from more than 70 practice areas who are highly rated by their peers and who have been successful in their area of law practice. The list is published in Super Lawyers Magazine, a publication that is distributed to attorneys and accredited law school libraries throughout the 50 states and Washington, D.C., reaching more than 13 million readers. The list is also available in the magazine’s online digital edition.

Northern California Super Lawyers 2016 Inclusion Supports Our Mission

Northern California Super Lawyers 2016 inclusion of seven Kazan Law attorneys provides us with wonderful support for the work we do. It offers us a great tribute from our colleagues that our asbestos law firm continues to be on the right track. After more than 40 years of fighting for justice for our clients, it is nice to know that our professional colleagues continue to respect and admire our work. But for us, winning for our clients is what truly matters.

Kazan Law has always been and continues to be a firm that stands up for everyday people who have had the very thing each of us values most taken away from them – their lives. We do not represent big businesses with deep pockets and powerful contacts. We represent hard-working honest people who face premature death because of a heartless business decision based on profit.

Achieving justice for our clients always has been and will continue to be the most essential accolade for us. But we are grateful for the recognition from Super Lawyers 2016. To our peers who voted for us we say a heartfelt thank you.

 

 

 

Mesothelioma Law and Mesothelioma Facts

mesothelioma lawIf you are considering starting a mesothelioma lawsuit, you must understand the basic facts about mesothelioma law before beginning the process of finding the right mesothelioma attorneys to represent you. First, you need medical proof that you have mesothelioma. Your efforts to proceed with the legal process rely upon a doctor’s diagnosis. Second, and often most time consuming, you need proof that specific persons or businesses exposed you to the asbestos which caused your mesothelioma.

Mesothelioma Law and Medical Diagnosis

Mesothelioma lawsuits can result in verdicts or settlements for the victim representing millions of dollars in compensation. Businesses responsible for causing mesothelioma and their insurance companies would rather not take responsibility for their actions by admitting guilt or paying out millions of dollars to those they have irrevocably harmed. Because of their unwillingness to admit responsibility for your asbestos exposure, it is critical that solid proof be gathered and documented.  Mesothelioma is a devastating preventable type of cancer with only one known cause – exposure to asbestos. Mesothelioma silently and slowly attacks the tissues lining vulnerable organs of the body. In most cases because microscopic asbestos dust fibers are inhaled into the lungs, mesothelioma develops in the tissue lining the lungs. This is pleural mesothelioma. But the tiny flecks of asbestos can also make their way through the body’s systems into tissue that line other organs such as the heart and the abdomen.

What makes mesothelioma unusually difficult to diagnose and makes mesothelioma law such an  intense area of litigation is that the symptoms only emerge decades after the asbestos exposure. The disease develops silently for many years with no outward signs.

When symptoms first make themselves known they can easily be mistaken for another more common illness such as a cold or flu.

If your cold or flu like symptoms linger longer than normal, and will not go away, don’t hesitate to seek medical help. Be persistent about seeing your primary care physician. If you recall working around asbestos or recall having a family member who did work around asbestos, then take immediate action. Your physician may decide it is necessary to have you go for x-rays, blood tests and possibly additional tests, or send you directly to a cancer specialist. The sooner you have definitive results, meaning a medical mesothelioma diagnosis, the sooner you can put mesothelioma law in play on your behalf.

California Mesothelioma Law Not Limited to Californians

Mesothelioma law in California is often open to  non-Californians suffering from mesothelioma. The laws are structured so that you do not have to be a California resident to file a mesothelioma lawsuit here.  Nor do the companies named in your lawsuit have to have offices or businesses here.

California has some of the strongest most favorable mesothelioma laws in the country for achieving justice for victims of asbestos exposure.  California also has some of the top expert mesothelioma lawyers in the country, like Kazan Law.  The following are a few of the reasons why California mesothelioma laws are advantageous to those filing mesothelioma lawsuits: .

  • Mesothelioma laws in California are among the most favorable in the U.S. for asbestos victims.
  • California residency is not required to file an asbestos lawsuit here.
  • California mesothelioma law allows you to initiate your lawsuit even if you have not yet identified who or what is responsible.
  • Top pioneers in the asbestos litigation field, like Kazan Law, were at the forefront in helping asbestos victims receive compensation for their injuries

Mesothelioma Law Reflects Mesothelioma Facts

Those of us who helped initiate the first mesothelioma lawsuits and have practiced mesothelioma law for decades expected that by now mesothelioma might be a thing of the past. We had hoped that once it was understood how fatal and preventable mesothelioma was, laws would be enacted to prevent people from being exposed to asbestos that causes mesothelioma.

But unfortunately mesothelioma is still very much part of the global landscape. Although recent laws have cut down on asbestos exposure they have not eliminated it.  Mesothelioma law continues to be a necessity as reflected by mesothelioma facts and statistics.

Key current statistics to know are:

  • 3,000 people are diagnosed with mesothelioma in the U.S. every year
  • Almost 3,000  people die from mesothelioma in the U.S. every year
  • 20 – 50 years is the usual time frame of asbestos exposure to diagnosis of mesothelioma

The U.S. Centers for Disease Control (CDC) tracks and analyzes mesothelioma statistics. Here are some results from the decade 2001 – 2010, the most recent data set[1] that has been compiled.

  • 26, 471 mesothelioma U.S. deaths
  • 21, 246 mesothelioma deaths in U.S. men
  •    5,225 mesothelioma deaths in U.S. women
  •        75  median age of death from mesothelioma in the U.S.

According to the CDC, these states have the highest number of deaths from mesothelioma – which remained constant over the decade even with some fluctuations from year to year:

  1. California
  2. Florida
  3. Pennsylvania
  4. New York
  5. New Jersey
  6. Texas

Survival Statistics

Mesothelioma law is adamant about pursuing businesses that knowingly exposed people to asbestos because mesothelioma is almost always a fatal disease. New avenues of cancer research are making progress in developing new mesothelioma treatments. But at present many of these are not approved by the FDA and can only be accessed through participating in an investigative clinical trial, with no guarantee of results.

Conventional treatments, including surgery to remove tumors, chemotherapy and radiation, can help increase survival time. But overall survival time depends on the stage at which mesothelioma is diagnosed and age at the time of diagnosis. Earlier diagnosis and diagnosis at a younger age can improve survival odds.

Below is current median survival data for mesothelioma from the American Cancer Society[2]. Median survival is similar to an average – half the patients at each stage will not reach the survival time cited but half will live longer.

Stage Median Survival
I 21 months
II 19 months
III 16 months
IV 12 months

Consequently, if you have mesothelioma, you likely have enough time to see your mesothelioma lawsuit to conclusion, at least in California, but it is best to begin as soon as possible.

[1] Mortality multiple cause-of-death data from National Center for Health Statistics, National Vital Statistics System.

[2] American Cancer Society data 02/17/16

6 Questions for Your California Mesothelioma Attorneys

california mesothelioma attorneysYou and your family never heard of the term mesothelioma cancer. You and your family were not prepared for a mesothelioma diagnosis when it happened, you were not prepared for your doctor’s description of the reality of pain and suffering mesothelioma can cause, nor were you and your family prepared to seek legal advice from California mesothelioma attorneys.

Yet, here you are in a situation where you are juggling your emotions, thinking about your feelings of responsibility for your family’s well-being, and trying to come to grips with the next logical steps to consider.

At some point, you may decide you wish to seek some form of justice where the parties responsible for your asbestos exposure, and possibly another family members’ exposure, are held accountable so that no other innocent person can be victimized. You most likely will want to seek compensation that will help pay for the extremely expensive process of undergoing mesothelioma treatment as well as secure financial compensation for your family’s future well-being.

6 Must Ask Questions for Your California Mesothelioma Attorneys

You are at the point where you are ready to research and reach out to a California mesothelioma attorney. But where do you begin? The following six questions will help you, and your family, evaluate the California mesothelioma attorneys you have chosen to contact. The questions are designed to aid in your decision-making process by taking into consideration each firm’s level of experience, their track record in the field of asbestos litigation, and the cost and compensation involved in a mesothelioma lawsuit.

How old is your firm and how long have you been doing this?

One of the most critically important criteria you should seek in hiring a law firm specializing in mesothelioma is their experience and practice focus. The length of time a firm has been practicing asbestos litigation is critical. What is the law firm’s role in the history of asbestos litigation? Have they been practicing since the 1970’s when asbestos law was established and were they one of few pioneering law firms that helped create asbestos litigation?

In conjunction with the history of the California mesothelioma attorneys you are evaluating, is their practice focused on asbestos litigation? Does the firm practice mesothelioma-asbestos law exclusively? If they do not specialize in asbestos litigation, then that firm most likely is not experienced enough to guide you and your family through the complex process of going to trial or seeking settlement. They will not be equipped to answer all of the intricate questions about asbestos trusts, bankrupt defendants, and the dozens of other critical decisions you will need support in navigating.  No lawyer is an expert at everything- and like any other job, people get good at doing things by doing them repeatedly.

Will your firm represent me in court  and negotiate the settlements against the defendants?

This is absolutely critical. If the answer is no, then the law firm you are vetting is a case broker. Case brokers are simply lead generation specialists who often produce expensive television commercials and digital advertisements attempting to attract asbestos plaintiffs. Once a case broker has your commitment, they place your case with the highest bidding law firm who buys the case from them. Consequently, you are then passed off to a firm without having been given the time to research their qualifications, experience, and practice focus. Instead of choosing the most qualified firm for your representation, the choice is left up to the broker who has no moral obligation to seek the most qualified law firm.

How much will it cost me to investigate my asbestos claim?

California mesothelioma attorneys should never bill you for investigating your potential claim.  A consultation should always be free. The investigation process will include questions about you, about your family, and about your work history. This investigation will uncover the information that will help you lead to the next steps in the process if you have a legitimate claim.

How much will it cost for your firm to represent me?

You and your family should not work with a law firm that doesn’t work on a contingency fee basis. That means that the firm you hire to represent you and your family does not charge you an hourly fee. Instead the law firm is paid compensation only if a judgement is won in your favor or settlements are reached in your case.

How long do I have to file a mesothelioma lawsuit?

The law places time limits on how long a person can wait before filing a mesothelioma lawsuit. Once the deadline passes, it is too late to file a lawsuit. These time limits are called statute of limitations. Your right to pursue a claim or a lawsuit varies depending on where your asbestos exposure occurred and when you were diagnosed. There is a wide range of statute of limitations in the United States. California is one of the most stringent for victims often allowing only one year from diagnosis for a personal injury claim. A number of other states allow two to three years from diagnosis. It’s vitally important to obey these time limitations or you could lose the right to compensation.  Although California’s statute of limitations is stringent, the California court system is widely recognized as one of the most sympathetic to victims in the country.

How much compensation can I expect from my mesothelioma lawsuit?

Every case is unique, with a unique set of circumstances that influences the outcome and amount of compensation you and your family can expect. With that said, in most instances negotiations between the attorneys on both sides will inevitably yield mutually agreeable settlement amounts to be paid to you.  The goal of a settlement is to ensure you receive a fair amount of compensation as quickly as possible.

Mesothelioma Settlements

What is a settlement? When you reach a settlement with the defendants you are agreeing to a compromise between you and the guilty party(s) who knowingly exposed you to deadly asbestos. Settlements rarely if ever come with an admission of guilt from the responsible parties. The amount of your settlement will vary dependent upon a number of factors.

The advantages of a settlement include having quick access to settlement money to pay for your medical treatment costs as well as financial support for your family. In addition, you and your family will not have to go through the complicated, often long, and invariably painful process of trial.

Going to Trial with California Mesothelioma Attorneys

If it is justice you seek, in the form of holding the people and organizations accountable for your asbestos exposure, in a public forum then you may wish to go to trial seeking a verdict.

Trials come with risks not associated with a settlement. In most cases, trials take longer to complete than settlements. Because of the unpredictability of court proceedings, trials come with additional risks. Depending upon the circumstances of your case, you have the chance of losing when the verdict is returned. If you lose at trial, you and your family will not receive any money or compensation from trial defendants.  The compensation that you deserve will be lost. The best and most experienced California mesothelioma attorneys understand the risks and will help you understand those risks before you make the decision to move forward with a trial.

California Mesothelioma Attorneys at Kazan Law

Since our founding in 1974, Kazan Law has represented thousands of people suffering from asbestos related illnesses, particularly mesothelioma. Our firm was built upon asbestos litigation and after four plus decades we remain dedicated and focused on representing people harmed by asbestos exposure.

Among our principals are pioneers in asbestos litigation­. As a pioneering law firm in the field, we are the most experienced mesothelioma attorneys in California. We have unparalleled expertise and involvement in asbestos bankruptcy reorganizations and asbestos bankruptcy funds.

You will receive the personalized service and expertise you and your family deserve through our staff of more than 80, including 25 attorneys and a team of paralegals and professional investigators. We pride ourselves on the fact that Kazan Law excels in complex litigation involving, catastrophic asbestos cancer  and personal injury.

 

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Kazan Law Interviewing Marketing Specialist

marketing specialistKazan, McClain, Satterley & Greenwood are nationally recognized pioneers in asbestos litigation since the 1970s. Currently we are seeking a Marketing Specialist to serve as the primary internal point of contact for all marketing related to firm activities and personnel.

The Marketing Specialist will work in our Administration department, report to the Managing Partner, and assist the firm’s management in its overall marketing program.

DUTIES & RESPONSIBILITIES

  • Assists in the development of marketing best practices and processes.
  • Continue to improve processes and procedures to create efficient systems and deliver high quality work product, ensuring the department operates efficiently and effectively.
  • Develop and maintain accurate, current database(s) of clients, experts, industry and referral sources.
  • Develop and improve the reporting of statistical information related to effectiveness of marketing efforts.
  • Acts as liaison with external vendors and other advertising and web providers.
  • Develop and maintain relationships with past and present clients.
  • Provide in-house video and still photography as needed.
  • Develop and maintain client newsletter and law firm brochures.
  • Initiate and produce video and text content regarding case work and legal developments.
  • Create content for use on all social media platforms with focus on SEO.
  • Acts as liaison between Intake and External marketing.
  • Develop speaking/networking opportunities to further marketing goals.
  • Speech writing.
  • Other duties as may be assigned.

SKILLS & QUALIFICATIONS

  • Ability to communicate effectively orally, in writing and in person; interviewing skills a must.
  • Must be able to demonstrate initiative due to time-sensitive nature of work.
  • High level of project management skills.
  • Ability to establish and maintain effective working relationships with Partners, attorneys, and other firm staff.
  • Must be able to demonstrate a high degree of professional judgment around sensitive and confidential issues.
  • Ability to organize, document and prioritize a large amount of details.
  • Ability to multi-task.
  • Knowledge of office and record keeping methods, practices and procedures.
  • Ability to adhere to prescribed routines and practices.
  • Demonstrate competence with both still photography and video photography from creation to editing to finished product.
  • Ability to create reports with accuracy.
  • Must be able to demonstrate flexibility in regard to willingness to perform the many duties of the Marketing Department.

SUPERVISORY RESPONSIBILITY

This position has no supervisory responsibilities.

TRAVEL

This position may require occasional travel.

OTHER DUTIES

Please note this job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee for this job.  Duties, responsibilities and activities may change at any time with or without notice.

Interested candidates should send a resume to the attention of the Human Resources Manager at HRM@kazanlaw.com.

Equal Opportunity Employer

Kazan, McClain, Satterley & Greenwood provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, Kazan, McClain, Satterley & Greenwood complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.

How to Hire California Mesothelioma Lawyers

california mesothelioma lawyersCalifornia mesothelioma lawyers are among the most experienced expert advocates for mesothelioma victims in the United States.  California mesothelioma law firms like Kazan Law helped set the standard for mesothelioma law. They continue to set precedents and win major victories for their clients.

If you are trying to find mesothelioma lawyers who are the most likely to help you win the greatest amount of money damages for your case, you should consider hiring California mesothelioma lawyers.  California laws often allow you to file a case with a California mesothelioma lawyer even if you do not live in California and the companies you intend to sue are not based in California.

Why California Mesothelioma Lawyers Are the Go-To Experts

Mesothelioma is a life-threatening illness with only one cause – exposure to asbestos.  Mesothelioma victims stand a good chance of receiving a substantial financial award if their case is handled by a good mesothelioma lawyer.

Mesothelioma victims most likely were exposed to asbestos on the job or through asbestos dust brought home by a family member who worked with asbestos. In nearly all cases, mesothelioma victims were exposed to asbestos without their knowledge or consent. Who would knowingly allow themselves to be exposed to a substance that can cause a cancerous disease like mesothelioma?  But each case requires substantial proof and evidence.

At first, mesothelioma cases were handled by personal injury lawyers.  California mesothelioma lawyers were among the first to recognize that the complexities of asbestos exposure resulting in mesothelioma demanded a niche law specialty all its own.

Because mesothelioma symptoms can take 10 to 50 years to emerge, a mesothelioma victim often needs help determining and proving which mesothelioma manufacturers and/or distributors may be held liable. It takes knowledgeable experienced mesothelioma lawyers to know how to do this and bring a solid case forward. California mesothelioma lawyers know where to look.  They know which companies manufactured and installed asbestos even if they are no longer in business and which ones have victims’ trust funds.

Having experienced successful California mesothelioma lawyers fighting on your behalf can make a huge difference.  Steer clear of personal injury attorneys without mesothelioma experience and work only with lawyers who specialize in mesothelioma.

How California Mesothelioma Lawyers Save You Money

You may think that you can’t afford California mesothelioma lawyers’, like Kazan Law, with impressive track records of court wins and decades of experience. The opposite is true. You can’t afford not to work with them.

The best California mesothelioma lawyers:

  • Do not charge for your initial consultation
  • Will free of charge do all necessary research to determine whether you have a case
  • Will not take your case unless they believe they can win it for you
  • Will not charge you a penny unless they win your case
  • Will arrange medical liens for you so you can receive all the medical treatment you need
  • Will review all your medical bills to eliminate excess charges and help you keep more of your settlement

California mesothelioma lawyers win some of the biggest financial awards in the nation.  Choosing a mesothelioma lawyer is one of the most important decisions you will ever make for yourself and your family. This is one instance where it makes sense to go with the best.

Ways to Find the Best California Mesothelioma Lawyers

Retaining the best mesothelioma lawyer is vital to not only winning your case but also to winning it with the most substantial award possible.  Finding the best lawyer for your case can seem like an overwhelming task if you are not feeling well and are undergoing medical treatment. But do not put off finding the best mesothelioma lawyer possible.  Consider asking a family member or friend to help you research this important matter.  You need to carefully review the qualifications and recent achievements of any mesothelioma lawyer you are thinking about hiring before making any kind of commitment.

Here are several suggestions:

Check with former co-workers: If you have received a medical diagnosis of mesothelioma, it is probable that some of your co-workers from the job where you were exposed to asbestos have mesothelioma too.  They may already be working with a lawyer with whom they have filed a lawsuit. If they are pleased with their lawyer and how their lawsuit is progressing, that could be a lawyer to consider.

Check the website Nolo’s California listings:  Since the 1970s’, the company Nolo has been providing the public with consumer-friendly legal advice and documents.  In their online listings, they include lawyers’ educational backgrounds, qualifications and legal specialties. Click on their California listings, to find California mesothelioma lawyers.

Check lawyer rating lists:  Some of the best people to rate lawyers are other lawyers.  Anyone can buy advertising but recommendations by one’s peers are harder to come by and  likely to be more accurate. Lists of the best lawyers published online and in print by Super Lawyers, Best Lawyers and US News and World Reports Best Lawyers can help you find the best California mesothelioma lawyers.

Research lawyers online:  Be warned that the moment you type the words “mesothelioma” and “lawyer” into an online search, you will be bombarded with aggressive ads making big promises. Unfortunately, many of these ads may be placed by brokers who are hired to fish for clients by lawyers too unaccomplished to attract clients on their own merits.

How do you cut through all the promotional ads to find the best mesothelioma lawyer?  Review the website of each mesothelioma lawyer and mesothelioma law firm carefully. Look for thorough information sensitive to the needs of mesothelioma victims and their families. Check the firm history, background and track record of successful cases.  This information should all be there for you to see.  The best California mesothelioma lawyers provide it.

 

 

 

 

 

 

 

Kazan Law Band Wins Law Rocks San Francisco, Supports East Bay College Fund

East Bay College Fund

(L-R) Ted Pelletier,, Jordan Varona, Rachel Berkness, Bryce Hodge, Ny Kundidzora, Joe Nicholson

Verdicts, torts and…rock and roll?  Yes if it’s Kazan Law and it’s a chance to rock out for a good cause. On May 19, Kazan Law’s own house band The Substantial Factors competed, and won, in the Law Rocks San Francisco battle of the bands. In the process, they raised funds for East Bay College Fund, an Oakland-based nonprofit helping local public school students turn their dreams of a college education into reality.

The Substantial Factors  consists of Kazan Law partner Ted Pelletier (keys); associate Joe Nicholson (guitar); associate Rachel Berkness (vocals); paralegal Nyaradzo Kundidzora (vocals); legal assistant Jordan Varona (bass) and video-editing consultant Bryce Hodge (drums). In their first ever competitive performance, the band played at The Great American Music Hall in downtown San Francisco, with Diane Dodge from the East Bay College Fund on hand to explain a bit about that organization’s work and to give the group a rousing introduction.

East Bay College Fund

(L-R) Jordan Varona, Bryce Hodge (background), Rachel Berkness, Ny Kundidzora

In total, eight bands drawing from Bay Area law firms participated. Each group’s overall score was determined by fundraising and ticket sales before the event, audience votes, and a panel of professional judges. At the end of the night, The Substantial Factors  were named the winners and received a “platinum” record plaque. Kazan Law is particularly proud of this victory because each and every one of our talented band members are not professional musicians, but full-time legal professionals. And because the Law Rocks competition was a great opportunity to raise money for and awareness of East Bay College Fund.

Raising Money for the East Bay College Fund

The funds raised by Kazan Law and The Substantial Factors will help the East Bay College Fund continue to provide college scholarships, mentoring, and support networks to help young people reach their full potential.  More than providing scholarship funds, the East Bay College Fund puts a lot of effort into helping give kids the tools they need to stay in college and graduate.

Law Rocks, whose motto is “Rock Globally, Give Locally,” raises funds for local nonprofit organizations by combining the power of music and the generosity of the global legal community. The organization holds annual battle of the bands like the one in San Francisco in a variety of cities across the world including London, New York, Sydney, and Dubai.  Kazan Law and The Substantial Factors  are proud to be the winners of the 2016 Law Rocks San Francisco competition, and look forward to competing next year. The group will also perform at “Banding Together,” a fundraiser for the Family Violence Appellate Project, on June 15 at 1015 Folsom in San Francisco.

How Do Mesothelioma Settlements Work?

mesothelioma settlementsIf you have a mesothelioma diagnosis, you probably have a legal claim against the corporation or corporations that caused your mesothelioma. At some point after you hire an asbestos attorney and file your lawsuit, your lawyer will probably engage in mesothelioma settlements negotiations with some or all of the companies you are suing. Mesothelioma settlements can be quite large

Most Lawsuits End with Mesothelioma Settlements

Mesothelioma settlements are the most common outcome for people who file lawsuits to recover damages for their asbestos-related illness. This mirrors a trend in the legal world at large: the vast majority of lawsuits of all kinds settle before going to trial. Trials make news headlines and exciting TV shows, but settlements make more sense for most plaintiffs.

While jury verdicts are often larger than settlements, they may be reduced on appeal. And of course, no case is a sure winner at trial, some are lost! Trials can take months or even years and that’s time that most mesothelioma patients don’t have. Mesothelioma settlements are often paid more quickly than jury verdicts, so funds can be available to help with mesothelioma care.

How Much Are Typical Mesothelioma Settlements?

One of the reasons that corporations prefer to a settle lawsuit rather than going to trial is that settlement agreements are almost always confidential. The corporation agrees to pay a certain amount of money and, in exchange, you and your lawyer agree not to publicly reveal the amount of the settlement. For this reason, it is hard to give a specific amount for typical mesothelioma settlements.

At Kazan Law, we have decades of experience negotiating mesothelioma settlements. While juries may award plaintiffs with mesothelioma more than they would get in a settlement, settlements can also run in the tens of millions of dollars.

What Factors Affect Mesothelioma Settlements?

Mesothelioma settlements are the result of negotiations between your lawyer and the defendants. When considering whether it makes sense to settle your mesothelioma lawsuit or bring it to trial, you and your asbestos attorney will want to consider several factors.

The first and most important is whether the defendant is willing to negotiate in good faith and to make a reasonable offer. If a corporation refuses to acknowledge its responsibility, a jury trial may be the only way to get the compensation you deserve.

Another important factor is the strength of your case. For example, let’s say that you have named two defendants in your lawsuit: Corporation A and Corporation B. You worked with Corporation A’s products for 12 years repairing machinery in a boiler room where its asbestos insulation was used. Corporation A has been named in other asbestos lawsuits; a number of workers have developed mesothelioma or other asbestos diseases. In fact, one of your former coworkers who used Corporation A’s productsalso has mesothelioma. Your case against Corporation A is strong. You are likely to win at trial against Corporation A. You may decide to settle, but only if the defendant offers fair compensation for your illness.

Now let’s look at Corporation B. You only worked with its  products for three months, at many different sites and you worked around its asbestos only occasionally and for short periods of time  It is possible that your illness was caused or contributed to by your work with Corporation B’s products. However, the link is weaker.

With Corporation A and Corporation B, the strength of your case will affect the amount of the mesothelioma settlements. Your attorney will be able to demonstrate to Corporation A that he or she can present a compelling case to a jury. There is a strong likelihood that you would win a large verdict against Corporation A, so your attorney is more likely to be able to negotiate a large settlement amount with Corporation A. With Corporation B, your lawyer might advise you that a modest mesothelioma settlement is a better option than taking your case against Corporation B to the courtroom.

What is the Timing of Mesothelioma Settlements?

Settlement negotiations can begin almost immediately. However, many parties prefer to wait for the discovery process before considering mesothelioma settlements.

When you file your mesothelioma lawsuit, your attorney will conduct discovery, which is the process of demanding documents from the defendants and developing the facts of your case. The information that comes out in this phase of your lawsuit will help determine the size of mesothelioma settlements with the different defendants.

The timing of settlements varies widely, depending on the willingness of both sides to settle the case and what type of mesothelioma settlements are offered. Some cases settle within a few months. Some may settle the day the case is scheduled to go to trial. This is known as settling on the courtroom steps – and that is sometimes where settlement agreements are reached. Some cases may even settle in the middle of the trial.

One of the most important factors for you to consider about mesothelioma settlements is your health and your energy level. If you can reach a just settlement and end your case early, you can focus on what is really important: your health and your loved ones.

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55 Harrison St. Suite 400
Oakland, CA 94607
888-990-7008

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