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

Posts by: Steven Kazan

A Beginners Guide to Mesothelioma Law

mesothelioma lawMesothelioma law may seem daunting at first.  Basically though, if you want to know only one thing about mesothelioma law, let it be this:  California has some of the most powerful mesothelioma laws in the country when it comes to winning justice for victims of asbestos exposure.  And all mesothelioma patients are victims of asbestos exposure.  It is the only cause of mesothelioma, a vicious cancer that at present has no cure.

Mesothelioma Law in California Not Limited to Californians

Also important to know is that mesothelioma law in California can be open to anyone 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.

However, as in every other state, California mesothelioma law has a statute of limitations.  That means you have a limited amount of time to file a lawsuit.

California’s Mesothelioma Law Favorable Statute of Limitations

California mesothelioma law stipulates that if you are diagnosed with mesothelioma or another asbestos-related disease, you have one year to file a lawsuit from the date you were first disabled from your usual work; and if you are retired, there is no time limit. If a mesothelioma patient dies before a suit can be filed, the family has one year from the date of death to file a lawsuit. This is similar to the statute of limitations for mesothelioma lawsuits in most other states.

Because mesothelioma can be dormant for many decades and not cause symptoms until near the end stages of the disease, it is sometimes difficult for people to immediately pinpoint where and how they were exposed to asbestos. Cruelly, in some states the statute of limitations can run out before that information can be pieced together.  California mesothelioma law makes it possible to get a lawsuit started following a mesothelioma diagnosis using a fictitious or made-up name for the responsible entity.  Then you do not lose your chance to seek justice.  Your attorney will simply amend the lawsuit with the correct name when they discover that information for you.

3 Facts to Remember About California Mesothelioma Law

California is on your side. Here’s why:

  1. California mesothelioma laws are among the best in the U.S. for asbestos victims.
  2. You do not need to be a California resident or sue a California company to file an asbestos lawsuit here.
  3. California has a very generous statute of limitations law. Unlike most other states, here you can get your suit started even if you have not yet identified who or what is responsible.

If you think you may have mesothelioma immediately make an appointment to get a physical exam. You cannot move forward with a mesothelioma lawsuit without an official mesothelioma diagnosis.

If you have been diagnosed with mesothelioma immediately contact an attorney to help you initiate a lawsuit. The clock may be ticking.   The rapid progress of the disease itself means you want to get started quickly.

If you think you cannot afford the costs of a lawsuit stop worrying and call a mesothelioma lawyer. A good mesothelioma lawyer, like the ones at our firm, will not charge you a cent unless they win compensation for you. We will not bill you for investigating whether you have a case that will stand up in court and we will not take your case unless we believe we can win it.  And your first consultation should always be free; it is with us!

If you are too ill to travel you should still consider filing your mesothelioma lawsuit in California where the law about asbestos is amongst the strictest anywhere.  Your asbestos lawyer should travel to where you are to meet with you to discuss your case. That is what we do.

If you are wondering how large a settlement or verdict you will receive please back away from any lawyer who quotes you any numbers.  Many factors related to your individual case determine any settlement or verdict amounts. Be suspicious of anyone willing to cite amounts at your first meeting. You can explore a range of verdicts and settlements on our website.

If you are concerned about time, you are correct. A mesothelioma lawsuit is a race against time given the rapid progress of the disease at the stage when symptoms emerge. That is why it is more important to hire mesothelioma lawyers who are experienced and can move a case quickly to court than to go with someone who happens to be local.

Mesothelioma Law:  A Triumph over Adversity

Mesothelioma law was partly created in California and Kazan Law founding partner Steven Kazan played a pivotal role.

Through most of the industrial age, corporations and businesses were able to knowingly sacrifice their workers’ lives for profit by exposing them to asbestos in products and machinery.  They essentially got away with murder.

That started to change in 1966. An attorney named Ward Stephenson filed a case on behalf of a worker with asbestosis against eleven manufacturers of asbestos-containing insulation products, including Johns-Manville, Fibreboard and Owens Corning Fiberglas.  In 1969, the manufacturers won. A few months later, Mr. Stephenson filed a similar lawsuit for another worker. This time he won. The manufacturers appealed. By 1974, Mr. Stephenson’s victory over corporate greed was upheld. But sadly he had died the year before. Nonetheless, the torch had been passed and asbestos lawsuits began to be filed in other states.

In California, in 1974, Steven Kazan filed a precedent-setting lawsuit against Johns-Manville on behalf of a sickened worker at their Pittsburg CA plant. Instead of allowing the case to be shunted off to Workers Compensation, Kazan successfully argued that the company executives should not be shielded from conspiracy and fraud charges. He won the case and forged a new path into mesothelioma law as a specific specialty area.  He continues to this day, along with his partners and associates, to fight against big companies on behalf of innocent people wrongfully and willfully exposed to asbestos.

 

 

 

 

 

 

 

 

 

3 Reasons to Hire California Mesothelioma Lawyers

california mesothelioma lawyersCalifornia mesothelioma lawyers are your best bet if you are filing an asbestos lawsuit. In fact, California mesothelioma lawyers have all ready helped your asbestos lawsuit without you realizing it. That is because California mesothelioma lawyers were a major part of the effort to establish mesothelioma law as a distinct type of legal specialty.  Some California mesothelioma lawyers know asbestos law better than most anyone, because they helped invent it. They have set legal precedents and won major victories that benefit mesothelioma patients everywhere.

You do not have to live in California or have been exposed to asbestos by a California company to file an asbestos lawsuit here, according to California law.

Why Choose California Mesothelioma Lawyers, Not Ordinary Personal Injury Lawyers

Asbestos law as a specific area of law practice emerged from the general field of personal injury law. California mesothelioma lawyers like Kazan Law founding partner Steven Kazan were among the first ones to understand that the complexity of asbestos cases and the large number of unsuspecting people exposed to asbestos demanded an area of full legal concentration.  About 3,000 Americans a year are diagnosed with mesothelioma.

Mesothelioma is very different from other types of injuries and illnesses.  It is a silent killer. Following exposure to asbestos, it presents no symptoms for many decades.  When a mesothelioma diagnosis is made, 50 years may have passed since the initial asbestos exposure.  Who will remember exactly when and where the asbestos exposure occurred?  Asbestos dust is microscopic and has no odor or taste. The companies that a mesothelioma patient worked for may have gone out of business. The asbestos-containing products that caused the exposure may have long been discontinued. How do mesothelioma patients and their families put together their case?  They hire California mesothelioma lawyers to guide them through the process.

A few California mesothelioma lawyers have focused intensely on mesothelioma since the 1970s and have developed a wealth of institutional knowledge within their law firms.

  • California mesothelioma lawyers know which companies have been associated with asbestos exposure over the years, even if these companies are no longer in business or are doing business under a different name.
  • California mesothelioma lawyers know all the types of jobs and products that may have caused asbestos exposure to occur.
  • California mesothelioma lawyers know which companies have declared bankruptcy and set up asbestos bankruptcy trusts.
  • California mesothelioma lawyers know if your case is winnable and if they believe it is, they will fight for you all the way to the Supreme Court.

A knowledge base and expertise of this depth can be built only by focused experience. It can’t be acquired by someone who is spread thin in many areas of personal injury law.

For example, your family doctor may be a medical professional you trust. But would you want him to perform brain surgery on you?  You would want to be in the hands of a competent experienced brain surgeon, trained to be an expert in this specific area of medicine.

Likewise, if you seek to bring an asbestos lawsuit to court, you need an attorney who is an expert in this specific area of law.  Some California mesothelioma lawyers are good at what they do because that is all they do.  They do not handle other types of personal injury cases.

Hire Real California Mesothelioma Lawyers, Not a TV Pitchman

 10 Questions to Ask When You Call a Number from a TV Advertisement

  1. Who is going to do the work on my case?
  2. How will you be paid for your time on my case?
  3. Who would I call or email if I have questions?
  4. Are you going to work on the case yourself or are you going to send it to someone else?
  5. Is your firm going to handle the case all by itself? How many lawyers, investigators do you have? Who are they?
  6. Who will actually file the lawsuit?
  7. Where will the lawsuit be filed?
  8. Who is going to go to court for me?
  9. How many years has your law firm been in business mesothelioma cases?
  10. How many asbestos cases have you handled?

California Mesothelioma Lawyers and California’s Favorable Laws

Because California mesothelioma lawyers pretty much invented a lot of modern asbestos litigation, they were able to have a major impact on state laws regarding asbestos cases. They have helped to create a climate that is supportive of asbestos victims, with favorable laws and large jury verdicts.  The California legislature and courts have the created and applied special asbestos rules as a necessary and fair response to the unique problems faced by victims of asbestos exposure.

As a result many out-of-state asbestos plaintiffs have the option to file their cases in California with a California mesothelioma attorney as their counsel.

As we mentioned earlier, you do not have to live in California or be suing a California company to file your asbestos lawsuit here.  Nor do you need worry about airfare expenses.  Your California mesothelioma lawyers will travel to you, wherever you are.

 

 

 

 

 

 

 

What Your Mesothelioma Attorneys Should Do For You

mesothelioma attorneys Choosing the right mesothelioma attorneys can give you peace of mind during a difficult and stressful time of life.You don’t deserve this disease. That’s why it’s essential that you find the right mesothelioma attorneys to represent you, fight for you in court, and ensure you get the best financial compensation possible— money to cover your medical costs, lost income, living expenses, as well as secure the future security of your family.

Choosing the Right Mesothelioma Attorneys For Your Case

When it comes to a mesothelioma lawsuit, the stakes are high. Choosing the right attorney for your case may be one of the most important decisions you’ll ever make. So plan on doing a thorough search. Ask former colleagues where you worked, and search online for referrals. The mesothelioma attorneys you select should have:

  • Proven Mesothelioma Litigation Expertise: Mesothelioma law is very complicated. An ordinary trial lawyer simply will not do. Your mesothelioma attorneys should have in-depth expertise in asbestos litigation, and familiarity with the mesothelioma laws and court guidelines that vary from state to state.
  • An Impressive Track Record for Winning Cases: Your mesothelioma attorneys should have experience with jury trials, an understanding of asbestos history, manufacturing and construction, plus a proven track record for winning asbestos lawsuits and obtaining large settlements.
  • Bankruptcy and Asbestos Trust Experience: Many of the corporations responsible for asbestos-related illnesses closed shop years ago. However, under the bankruptcy reorganization code section 524(g), they were required to fund asbestos trusts with enough money to pay current and future asbestos claims.

There are now about 50 asbestos bankruptcy trusts; together they represent over $30 billion reserved specifically almost exclusively for mesothelioma settlements and trials.

The type of attorney you choose could make a difference in the compensation you receive. Mesothelioma attorneys with extensive experience often get more for their clients than lawyers who don’t have experience with asbestos claims. Do your research and make sure to work with an attorney who has lots of experience with mesothelioma lawsuits and trust claims.

  • Extensive Reach and Resources: Unlike most personal injuries, the symptoms of asbestos-related diseases can take decades to appear. So there will be a lot of investigating to conduct, and historical evidence to collect, in order to properly prove your claim.

Make sure the firm you choose has the resources available, including the ability to travel, in order to document and research your case. Here is just some of the documentation your mesothelioma attorneys will need to collect:

  1. Past employment history
  2. Proof of asbestos in the workplace
  3. Medical records indicating the onset of your symptoms
  4. The history of the companies whose asbestos hurt you, and records of their asbestos sales
  • A Commitment to Cutting-Edge Science: Top-notch mesothelioma attorneys keep up with the science and medical breakthroughs discovered through clinical mesothelioma studies and research.  The findings from these studies can help bring scientists closer to finding a cure, and may even be used by your attorney to help prove your case in court.
  • A Reputation for Being Pioneers in Mesothelioma Law: Having the right mesothelioma attorneys on your side can make all the difference. The firm you choose should enjoy a well-earned reputation in the area of mesothelioma law. Some firms limit their cases exclusively to asbestos-related illness, giving them laser-sharp focus and breadth in this complicated area of law.

What Your Mesothelioma Attorneys Will Provide You

Once you have hired your mesothelioma attorneys, you will embark upon a process that will include discovery, depositions, settlement discussions, a possible trial, verdict and a possible appeal. (However, most mesothelioma lawsuits do not go to trial because they are settled out of court before the trial takes place).

  • Discovery: As the name implies, “discovery” is the process by which your mesothelioma attorneys will subpoena documents, and submit interrogatories in order to “discover” important things about the defendant such as who was responsible for the asbestos exposure, and where and when the exposure took place.

If you’ve selected the right mesothelioma attorneys, they will work with a team of investigators to identify the asbestos products you were exposed to, and the companies responsible for the “safety” of your work site. These investigators will likely contact your co-workers, oncologists and pulmonologists; they will visit libraries and archives, query databases, access government documents, and examine company records.

  • Deposition: One form of discovery that directly impacts every client is the deposition. This is a legal proceeding that will take place in or near your home or at your attorney’s office. Your attorney will start by asking you a round of questions; then the defendant’s attorneys will ask you some more. Your statements and answers will be recorded on video.

An experienced attorney will meet with you before the deposition – to explain what will happen, prepare you, and address any concerns you may have. Your mesothelioma attorneys will protect you throughout the deposition.

  • Working With Bankrupt Defendants: If the company responsible for your illness has gone bankrupt, there is a good chance they set up an asbestos settlement trust. While moving the case toward trial, your mesothelioma attorneys may submit claim forms and negotiate with the trustees of these settlement trusts. The money received from these trusts is generally much less than would have been received had they been in the litigation, as the compensation amounts the trustees are required to pay out are limited to ensure there is enough money to pay future claimants who will be diagnosed years from now.
  • Settlement: As soon as possible, your asbestos attorneys will put your case on the court’s trial calendar. This action usually kicks off the beginning of serious settlement negotiations with the accused defendants.

Many defendants choose to settle once presented with the evidence against them. Your attorney will work with you to obtain the best settlement possible, given the facts of your case. If you decline the settlement offer, don’t be surprised if the defendant makes another offer during the trial proceedings. It is unusual for a case to go all the way to a verdict.

  • Trials: Asbestos trials usually last about a month with evidence being given by treating doctors, oncologists, pulmonologists, pathologists, industrial hygienists, co-workers, you and your family. The benefit of going to trial is that the verdict award may be higher than the original settlement offer. But that is not always the case. The verdict can also go to appeal, which is another risk, as it can further delaythe outcome by years.

Over more than 40 years, the esteemed mesothelioma attorneys at Kazan Law have obtained hundreds of millions of dollars for thousands of people hurt by this dreadful disease. To learn more about your legal rights, visit us at kazanlaw.com or call for a free legal consultation today at 888-990-7008.

 

 

Kazan McClain Partners’ Foundation Supports Hastings Students for Immigrant’s Rights

Kazan McClain Partners Foundation Born and raised in San Francisco, Gabriella Rodezno attended the University of California, Santa Cruz where she received a Bachelor of Arts in Politics and Community Studies. After graduating, Ms. Rodezno worked as an immigrations paralegal and, most recently, interned with the newly-created Immigration Unit at the San Francisco office of the Public Defender, working on mitigating the immigration consequences of criminal arrests and convictions.

So it’s no surprise that Gabriella Rodezno, now a first year Hastings Law student, is also the Vice President of the Hastings Students for Immigrant’s Rights (HSIR).

Hastings Students for Immigrant’s Rights Wins Student Organization of the Year 2016

HSIR volunteer and Hastings Law student, Alex Peña, explains: “The mission of Hastings Students for Immigrants’ Rights is to help students transform their interest in immigration law into an immigrations law career.” Rodezno agrees, adding: “Our purpose is to provide our members with opportunities to engage directly with the immigration community and gain experience as advocates themselves.”

When Gabriella and Alex approached the Kazan McClain Partner’s Foundation, they presented a thorough and compelling proposal to fund a $4,000 grant, which would enable them to conduct a number of outreach programs in the Central Valley where immigrants could receive resources, information and advice.

Needless to say, the Foundation jumped at the opportunity, and was only too proud to help. The HSIR mission and vision— to provide undocumented immigrants with safety and social justice— perfectly reflects the type of initiatives Kazan Law supports.

And we are even more proud to announce that in April 2016, the Hastings Students for Immigrant’s Rights organization won the “Student Organization of the Year 2016.”

 About the Kazan McClain Partners’ Foundation

The Kazan McClain Partners’ Foundation, Inc. was formed in 1994 and, over the years, has disbursed over $20 million in grants to a wide array of community and civic organizations, including over $6 million for mesothelioma research. Our mission is to benefit the public through grants to organizations and individuals in order to:

  • Support research into causes of, treatment for, and prevention of occupational and environmental diseases.
  • Increase and improve public awareness about workplace health and safety, and public health.
  • Enhance access to, participation in, and education about the legal system and governmental processes.
  • Advance programs that provide services which lessen the burdens of government and/or provide relief to the poor, distressed or under-privileged
  • Combat community deterioration and lessen neighborhood tensions.

Additionally, we have supported internships and fellowships for public interest positions at the following organizations:

  • Hastings College Center for Gender & Refugee Studies
  • Golden Gate University Law: Innocence Project
  • East Bay Community Law Center
  • Impact Fund: Strategic Litigation for Social Justice
  • Public Justice: Righting Wrongs
  • Bay Area Legal Aid

We have also funded scholarships and stipends for youth at:

  • Berkeley Law University of California: Center for Youth Development through Law
  • Centro Legal De La Raza: Youth Law Academy
  • The Annual Cruz Reynoso Social Justice & Judicial Externship Fellowship Dinner
  • Oakland Technical high School Washington DC Program

And we have funded medical research for cures of asbestos diseases in cooperation with:

  • Department of Surgery— Thoracic Oncology Program University California San Francisco
  • Creighton University— School of Medicine
  • Stanford University School of Medicine
  • Mesothelioma Applied Research Foundation
  • The University of Chicago Pritzker School of Medicine
  • The International Mesothelioma Interest Group Biennial Conferences

At Kazan Law, our work doesn’t end in the courtroom. Our first-hand experience with the tragedy of mesothelioma compels us in our quest to abolish this dreadful disease, and fight on behalf of the communities most vulnerable to it.

Advantages of a California Mesothelioma Lawsuit

california mesothelioma lawsuit Did you know that you can file a California mesothelioma lawsuit in any state in the country? You don’t have to file in the state where you live. You don’t have to file in the state where a corporation you are suing is headquartered (which would be impractical in any event, since many mesothelioma cases involve multiple corporations from different states). People can file a California mesothelioma lawsuit from any state in the US. If the facts are right, at Kazan Law we think that is just what you should do.

Advantages of a California Mesothelioma Lawsuit

California is one of several states with higher than average levels of asbestos exposure. In fact, there are more deaths due to mesothelioma and other asbestos-related illnesses each year in California than in any other state. In addition to heavy industries and shipping, where asbestos was commonly used, Californians face an added threat from asbestos mines.

Not surprisingly, California is also one of the states with the largest number of asbestos lawsuits. This is partly historical: when people with mesothelioma first began to file lawsuits in the 1970s, many of the plaintiffs were based in California because of the state’s high rate of asbestos disease.

That isn’t the only reason so many people file asbestos lawsuits in California. Mesothelioma lawsuits are in a special category in California courts. The judicial system in the state has different rules governing asbestos litigation, including a faster route to trial for plaintiffs with mesothelioma.

In addition, California’s laws are more favorable to mesothelioma plaintiffs than the laws of some other states. Some of the other states with the largest number of asbestos lawsuits have passed legislation to restrict access to the judicial system for people who have been injured by exposure to toxic asbestos fibers,  or limit the damages they can recover or make suing more difficult.

For example, after Texas defendants lost lots of mesothelioma lawsuits in the late 1990s, the state passed laws that limit the legal liability of the corporations responsible for negligently exposing people to asbestos. When one of these corporations merges with another company or is sold, their responsibility for paying the damages they owe is reduced in Texas.

Who Can File a California Mesothelioma Lawsuit

Among the restrictions placed on asbestos litigation by some states are laws that limit or bar out-of-state residents from filing mesothelioma lawsuits. There are no such restrictions in California. Anyone can file a California mesothelioma lawsuit if the facts are right.

Your location and the expense of travel should not stop you from filing a California mesothelioma lawsuit. When you work with a top-notch asbestos law firm, your lawyer will travel to your location to meet with you. Kazan Law lawyers regularly meet with clients outside California, sometimes traveling across the country to work with people who have mesothelioma. We believe you can contribute more to the success of your mesothelioma lawsuit if you are able to rest in the comfort of your own home.

The bottom line is that California mesothelioma lawsuits are often more successful and usually deliver larger verdicts. California juries really understand the claims of plaintiffs who are terminally ill because of the negligent actions of corporations who valued corporate profits over workers’ health.

Even if your California mesothelioma lawsuit settles before going to trial, your settlement may be larger in California. Defendants know that a trial in a California court is likely to go against them. This gives them an incentive to agree to a more favorable settlement.

In addition, some of the top asbestos law firms in the country like Kazan Law are based in California. When you choose a lawyer to represent you in your California mesothelioma lawsuit, you can choose from among the best.

Your mesothelioma lawsuit can provide the financial stability to comfort you during your illness and provide for your family once you are gone. Where you file – and what law firm you choose to represent you – can make the difference of millions of dollars in the settlement or jury verdict you receive. Picking a law firm can be the most important financial decision of your life. That is yet another reason to file a California mesothelioma lawsuit.

Justice in California

There is one more good reason to file a California mesothelioma lawsuit. It’s not about money – although your compensation is important. It’s about right and wrong and justice for the next generation of mesothelioma sufferers.

When you bring a corporation to trial in California, you make it more expensive for that corporation to do the wrong thing. There are certainly still plenty of bad corporations in the world. There are some that are actively poisoning and harming people with toxic chemicals at this moment. But the more we hold those corporations to account for their actions, the less economic incentive they have to cut corners on safety.

When you file a California mesothelioma lawsuit, you aren’t just asking for compensation for your own injuries and money to replace the income your family is losing. You are standing up for the next generations so they have safer workplaces with better protections from asbestos and other toxic substances. Your lawsuit might just save someone else’s life!

 

How Does an Asbestos Lawsuit Begin?

asbestos lawsuitIf you or a member of your family has been diagnosed with mesothelioma, asbestos-caused lung cancer, or another asbestos-related disease, you may want to consider filing an asbestos lawsuit. Because of the clear connection between the negligent use of asbestos by US industries and mesothelioma, many people have filed lawsuits and won compensation for their injuries.

The first thing you can do to help make your asbestos lawsuit a success is to hire the best asbestos attorney you can find, one with a great deal of experience in filing asbestos lawsuits. The next thing you can do is to learn about the process so you can best help your lawyer make your case.

Collect Your Asbestos Lawsuit Documents

In order to file an asbestos lawsuit on your behalf, your attorney will need proof of your diagnosis and the state of your health, as well as the cost of your medical treatment so far. In addition, your attorney will need to know your work history, to determine where you may have been exposed to asbestos. Top-notch asbestos law firms employ experienced investigators. An investigator will use your background information to gather evidence about where you were exposed to asbestos.

If this seems like an overwhelming amount of work, especially as you are coping with a severe illness, don’t worry. A good mesothelioma attorney will go over everything with you and will be able to help gather the documents you need for your asbestos lawsuit.

Beginning Your Asbestos Lawsuit

Before beginning the formal litigation process, your attorney may approach representatives from some of the corporations responsible for your asbestos-related disease. Some parties choose to enter into settlement negotiations with the most well respected mesothelioma attorneys before a lawsuit is filed, to avoid the time and expense of going to court. Instead some corporations ask us NOT to sue them so they can settle without wasting money on their lawyers.

If any of the parties have set up an asbestos trust fund, your attorney will initiate the trust paperwork. The corporations with asbestos bankruptcy trusts can’t be named in an asbestos lawsuit. They have already admitted their liability for exposing people to asbestos and have set aside money under court supervision to compensate those who become ill with mesothelioma or other asbestos-related diseases.

The parties who don’t agree to compensate you will be named in your asbestos lawsuit. Your lawyer will draft a complaint, which states the facts of the case and identifies all the parties in the lawsuit.

Your lawyer will file the complaint and get a summons from the court to serve on the parties named in the suit. These parties, now called the defendants, must file an answer with the court within 30 days. If any of the defendants do not respond to your lawsuit within the required time, your lawyer can seek a default judgment against that party. After a default is entered, your attorney will pursue that party for compensation.

Defendants always respond by denying that they are liable for exposing you to asbestos. Some may argue that your illness is caused by other factors, such as smoking. This push back is a normal part of the litigation process. An experienced asbestos attorney will have heard all these arguments before and will know how to respond to them.

Asbestos Lawsuit Discovery

The next phase of your asbestos lawsuit is called the discovery process. During this phase, both your attorney and the attorneys for the defendants will ask for documents and other evidence about the case. The defense will want copies of your medical records. Your asbestos lawyer will ask for information about the use of products containing asbestos at different places where you worked or lived, who sold them, and what they knew.

Part of the discovery process is taking depositions. Depositions do not take place in a courtroom, but they are sworn testimony recorded by a court reporter that may be used in court during the trial.

It is likely that the defendants will ask for your deposition. This may sound scary, but it doesn’t have to be. Your lawyer will work with you beforehand to prepare you to testify and will be right by your side every minute. If your health is failing, the deposition is a chance to record your account of your asbestos exposure and illness. Later on, if you are unable to come to court to testify at trial, a recording of your deposition may be played instead,  and will become evidence.

The discovery process can take several months. At times, you may feel that your lawsuit has stalled and that nothing is happening. For much of this time, however, your legal team will actually be hard at work. They will be combing through the documents received from the defendants through discovery, looking for evidence to bolster your asbestos lawsuit.

Will Your Asbestos Lawsuit Settle or Go to Trial?

Television likes the drama of the courtroom, but most people who get sued do not. Most lawsuits end with a settlement before trial. Asbestos lawsuits are no different: more than 90%  end with a settlement and never go through trial.

The discovery process plays a big part in settlement negotiations. If the documents received through this process show that a defendant knew about the hazards of asbestos exposure and did nothing to protect you and others, that party is unlikely to win at trial. They may choose to settle with you to avoid the cost of trial, as well as the embarrassment of having their misconduct exposed.

If you are offered a settlement by one or more of the defendants in your asbestos lawsuit, your attorney will negotiate the settlement amount and will help you assess whether the offer is fair. The advantage of settling is that you will receive compensation much sooner than if your case goes to trial. If you win at trial, a jury may award you more money than you would get from a settlement. There is no guarantee, however, of winning at trial, or getting more than what was offered, so settlement may be a good idea.

Seek advice from an experienced asbestos attorney as soon as you are able. That is the best way to get your asbestos lawsuit off to a smooth start and heading to a good result.

California Mesothelioma Attorneys at Kazan Law

California Mesothelioma Attorneys The California mesothelioma attorneys at Kazan Law have been a pioneering force in the asbestos litigation field in the United States and in California since the early 1970s. As experienced California mesothelioma attorneys, we understand the many obstacles asbestos victims and their families face. The first challenge you face is choosing the best law firm for your situation. How do you go about this due diligence process? Let us help identify important factors when choosing your mesothelioma attorneys.

Why the Best California Mesothelioma Attorneys Are the Most Experienced

You need the best mesothelioma attorneys for your case. Mesothelioma is caused by only one thing – asbestos exposure.  It is a merciless swift-moving disease once the symptoms become evident.  But because the exposure may have happened years or even decades ago, it can be challenging to pinpoint the source of asbestos exposure and the culprit or culprits responsible.  You need mesothelioma attorneys who have the skills cultivated from decades of experience to know exactly how to locate facts and evidence needed to win your lawsuit.

Kazan Law’s 22 mesothelioma attorneys work exclusively with lawsuits stemming from exposure to asbestos. Experience, as they say, is the best teacher. Kazan Law attorneys won some of the very first pioneering cases in California asbestos law. We helped establish the designation “mesothelioma attorneys” as a special category of trial lawyers.  We have represented thousands of mesothelioma victims and won some of the largest awards in asbestos litigation.  It is important to work with attorneys who have this kind of experience and who know how to get you the best possible outcome.

The California Mesothelioma Attorneys Who Launched Asbestos Justice

“Mesothelioma attorneys” did not exist when the first wave of asbestos cases hit the U.S. courts in the late 1960s and early 1970s.  A few attorneys in Texas first started fighting for asbestos victims in 1966. They started filing lawsuits against major producers of asbestos-containing insulation products including Johns-Manville and Owens Corning Fiberglass.  Talk about a situation of David going up against Goliath.  These were tragic situations of loyal hard-working employees fatally sickened by major corporations. By 1973, after legal setbacks and appeals, the first U.S. legal victory for an asbestos victim was finally achieved.

In 1974, Steven Kazan, the founding partner of Kazan Law, had just started his law practice in Oakland, California.  With a growing reputation for expertise in complicated medical issues, he was sought out to work on the first California asbestos lawsuits being filed against a Johns-Manville plant in nearby Pittsburg, CA.  Soon Mr. Kazan was representing over 100 workers from  Manville plants. Eventually that number grew to nearly 400.  In 1983, Steven Kazan won a major victory against Johns-Manville.

Over the next decades, Steven Kazan welcomed into the growing firm brilliant passionate attorneys who had fought for justice for California farm workers and factory workers.  Together they all became Kazan Law. Today over 40 years later, Kazan Law is still considered the top mesothelioma law firm in California.

Kazan Law’s Mesothelioma Attorneys Win Major Cases

Kazan Law’s dedicated mesothelioma attorneys continue to win major cases resulting in large monetary awards and settlements for clients.  Our entire firm regularly receives top professional honors from the legal profession for legal and financial victories.

Kazan Law won an $11 million verdict in 2014 for the Bankhead family in a wrongful death suit.  It was a complicated case involving several trials but we doggedly fought for our clients.  Gordon Bankhead’s mesothelioma was caused by his work with brake linings produced by the Pneumo Abex company and others.

Prior to the Bankhead case, our mesothelioma attorneys had won a $5 million verdict for client James Hellam and his family.  He had worked as a teenager during the summers for his grandfather’s boiler company. As part of his job, he mixed cement purchased in powder form from Crane Co. That was a very long time ago. Yet, Kazan Law attorneys were able to successfully establish this as the source of Mr. Hellam’s asbestos exposure.  Crane Co. tried to deny that they were the ones who had exposed Mr. Hellam to asbestos.  But the California mesothelioma attorneys at Kazan Law proved that Crane Co. executives were fully aware of the dangers presented by asbestos in their products and were negligent in not warning their customers.

In a recent precedent setting case, the California Supreme Court upheld a Kazan Law victory over the Ford Motor Company.  Ford had sought immunity from the case because their headquarters are in Michigan where punitive damages are not permitted.  But the courts ruled that what mattered was that the asbestos exposure occurred in California, where punitive damages stand.  Kazan Law clients Patrick and Sharon Scotts were awarded $1.5 million dollars in punitive damages for Mr. Scott’s mesothelioma.  Our mesothelioma attorneys helped prove that Mr. Scott’s work with automotive brakes had caused his illness.

California Mesothelioma Attorneys Who Make a Difference

Some mesothelioma law firms have been scrutinized and criticized for their conduct. Not Kazan Law. We will not take your case unless we believe we can win it. That is because we work only on contingency. We never charge any fees upfront or take any money from our clients until we achieve a financial award for them.  We also make sure that you are not charged by your healthcare providers for your medical expenses while your case is underway.  If necessary, we will arrange for a lien so that your expenses can be paid from your award after your case is successfully completed.  The last thing you need when you are coping with the tragedy of mesothelioma is to have that tragedy compounded by debt from the costs of mesothelioma treatment.  We will also review all your medical bills to make sure you are not being overcharged. As mesothelioma attorneys, we are also detectives.  Most people can’t remember what they ate for breakfast last month let alone what product they might have been exposed to 30 years ago that may have contained asbestos.  Because of our decades of experience as mesothelioma attorneys, we know very well all the possible asbestos-containing products you may have been exposed to and which companies produced them. We will do most of the work for you so that you can focus on what is most important – your health and your family.  As California mesothelioma attorneys, defending your rights and your family’s well- being is job-one, our passion, and our pride.

 

 

 

 

 

 

 

 

 

 

 

Best Asbestos Law Firm Traits

best asbestos law firm If you have been diagnosed with mesothelioma, asbestos-related lung cancer, or another serious asbestos disease, you will want to understand what the best asbestos law firm can do for you and your family. The difference between an experienced and dedicated lawyer and a mediocre one could be millions of dollars in compensation for you and your loved ones. Here are some of the things to look for when you are ready to hire the best asbestos law firm.

Three Words: Experience, Experience, Experience

When you hire someone, experience counts. You want the chef in your restaurant not just to be a good cook but to feel passion for food. You want a tax professional who not only understands tax laws but also has filed enough tax returns that he or she knows the best way to get your refund quickly. You want to work with people who understand pitfalls and opportunities and use that knowledge to your advantage.

Nowhere is this truer than when choosing the best asbestos law firm to handle your mesothelioma lawsuit. Kazan Law has been part of the asbestos litigation movement from its beginning. As soon as our law firm opened in 1974, we began to pursue the corporations responsible for diseases caused by asbestos exposure. The principals at Kazan Law have been at the forefront of asbestos law as it has evolved, from the 1970s to the present day.

Over the past 40 years, Kazan Law has represented more than two thousand clients suffering from mesothelioma or other asbestos diseases. We understand how mesothelioma trust funds work because our attorneys are members of the advisory boards of almost all asbestos trusts.

At Kazan Law, we focus solely on representing plaintiffs in asbestos product liability, premises liability, and negligence cases. Building our practice into one of the best asbestos law firms in the country is our core mission, and we have been working hard at that for decades.

The Best Asbestos Law Firm Is a Winner

The most important measure of whether your asbestos law firm is the best for you and your family can be summed up in one word: compensation. Whether you are able to negotiate a settlement or your case goes to trial, you want a law firm with a winning record.

Over the years, Kazan Law has hundreds of millions of dollars in compensation for our clients in settlements and at trial. We have won huge jury verdicts, including more than $27 million for a woman who suffered take-home exposure to asbestos through the clothing of her ex-husband, who had worked installing insulation. We won over $11 million in a wrongful death lawsuit for the family of a man who died of mesothelioma after working around asbestos brake linings. In many instances we are able to secure compensation for pain and suffering as well as for punitive damages. In one automotive brakes case, we won compensation for medical bills and pain and suffering for a couple where the husband had contracted mesothelioma from brake dust. In addition we were able to win punitive damages,  meant to punish companies for willful wrongdoing and discourage such behavior in the future, of $13.5 million in that case, for a total verdict of $17 million.

If you want the best chance to win your case, go with a winning law firm. When you are choosing a mesothelioma law firm, look at their history of winning verdicts and settlements. The best asbestos law firm will have a string of victories for its clients.

The Best Asbestos Law Firm Charges No Money Up Front

If an asbestos lawyer asks you for payment up front, that is a red flag. The best asbestos law firms will work with you on contingency basis.

A contingency fee agreement between a law firm and a client means that the client pays no upfront fees for the lawsuit. The law firm foots the bill for the expense of investigating the claim and pursuing the lawsuit. If you win, the law firm gets a percentage of your verdict or settlement as compensation. , If you don’t win your case, you don’t owe a thing.

The best asbestos law firm will interview you to find out whether you have a good case. Their lawyers will be honest with you about whether it’s worth your time and energy to pursue a lawsuit. If they think you have a good case, they will work with you on a contingency basis.

Before you hire an asbestos law firm, find out what their fee structure is and how costs are shared after a verdict. Some law firms deduct 100% of the case expenses from the client’s share of the award. These costs can add up, particularly if the defendant refused to settle and the case went to trial. At Kazan Law, we deduct the costs before we divide the compensation and take our contingency fee. This means we shoulder  our share of the costs of the case and our clients get more compensation.

At the end of the day, the best asbestos law firm is one whose employees care deeply about achieving justice for people who have been harmed by negligent corporations. The best asbestos law firm is one whose attorneys are passionate about winning the best possible compensation for people who are ill because of their exposure to asbestos – people like you.

At Kazan Law, we like to think we are one of the best asbestos law firms. Call us and see if you think so too.

How Asbestos Lawyers Work For You

asbestos lawyers Asbestos lawyers begin working for you from the moment they agree to undertake an asbestos lawsuit on your behalf. You are the one who is suffering from asbestos exposure ramifications. Any asbestos lawyer who works with you should make every effort to accommodate you while they are working to win your asbestos lawsuit. Time is of the essence in an asbestos case. All asbestos lawyers should make your case a top priority and proceed as quickly as the legal system and thorough diligent work allows.
Every asbestos case is unique. No two are exactly alike. Good asbestos lawyers will not rely on any cookie-cutter way to handle an asbestos lawsuit because there is none. But at times there are several distinct phases that an asbestos lawsuit will go through.

Throughout the asbestos lawsuit process, your asbestos lawyers should always:

  • Answer any questions you have thoroughly in language you understand
  • Provide you with all status updates relevant to your case

How Asbestos Lawyers Will Research Your Case

An important starting point for all cases that asbestos lawyers take on is doing careful research. They need to find out all the information possible about your asbestos case. This information can help determine how strong a case you have and how likely you are to win it or receive favorable settlements. In legal terms this research phase is called “Discovery” because facts are being discovered. These facts give clarity to the lawsuit and help both sides understand what happened that caused your asbestos exposure and resulting asbestos-related illness.
Of course, the defendant’s attorneys will be following the same procedure. Their goal is also to discover information about the case. But they are looking for information that will help their client, not you. Your asbestos attorneys are responsible for protecting you and helping you when the opposition’s attorneys question you about anything on the case.

The discovery research will mostly pertain to your work history, your medical records and any military service. Information about specific asbestos-containing products you may have had to work with and a lack of safety procedures at the job site will also need to be researched by your asbestos attorneys.
Three important discovery research procedures are:

  1. Interrogatories – Attorneys asking written questions for background information
  2. Subpoenas – Attorneys requesting specific documents for the case
  3. Depositions – Live questioning sessions under oath that often are recorded on video. Both sides are given a chance to ask questions. Your asbestos attorneys should meet with you before a deposition to help you get ready, and will protect you throughout the process.

How Asbestos Lawyers Handle Bankrupt Defendants

Even the best asbestos attorneys may face limited options for you if the companies that caused your asbestos exposure have filed for bankruptcy. The reality is that these exploitive companies likely exposed not just you but possibly hundreds or thousands of other people to asbestos.

In order to keep from having to fully compensate each individual whose lives have been ruined by a company’s carelessness with asbestos-containing materials, a company can file for bankruptcy. Their attorneys then will help them set up a bankruptcy settlement trust. These trusts limit the amount of money every plaintiff can receive. You can be sure the amount is less than a plaintiff’s asbestos attorneys could have secured for them in an individual trial.
Experienced asbestos attorneys will still attempt to bring the case to trial. At the same time, they will follow all the necessary legal procedures to obtain the best settlements possible for you from all appropriate trusts. Two Ways

Asbestos Attorneys Should Prepare For Trials

Asbestos attorneys should follow two key steps in preparing your case for trial:

  1. Getting a trial date – It is well known that today many courts are clogged with cases. There is a backlog of cases awaiting trial. Getting a trial date set for any case isn’t easy. But if health is a concern, your asbestos attorneys should have the experience needed to get your case to the top of the trial calendar. This will require your asbestos attorneys to be able to do all the necessary discovery of information in a condensed period of time.
  2. Conducting settlement negotiations – Good asbestos lawyers will begin to explore possible settlements with the companies they are charging with causing your asbestos exposure. If the asbestos lawyers have done their research well, the lawyers for the other side will likely agree to a very favorable settlement once they realize all the evidence points to the guilt of their client.

The Role of Asbestos Lawyers in the Resolution of a Case

Asbestos lawyers’ roles do not end with the settlement or verdict of a court case. It is highly likely that no matter which side wins the trial that the case will be appealed. Our law firm has fought cases all the way to the State Supreme Court and has won; setting new precedents in asbestos law in the process.

If there is a settlement, your asbestos lawyers should negotiate the best possible settlement agreement and help you through the process of signing release papers. These papers mean that the case is closed and cannot be further litigated against the settling defendant.

Lastly but of great importance, asbestos lawyers also need to help you and your family members collect and divide the money they have won for you. Once all the proper documents have been signed, receiving money should take no longer than three months.

Partner Gordon Greenwood Speaks to U.C. Berkeley Law Students Raising Families

Boalt Parents NetworkOn February 4, Partner Gordon Greenwood spoke as a panelist at a luncheon event hosted by Boalt Parents Network. Boalt Parents Network offers support, resources and insights to young parents throughout the Bay Area, including those attending U.C. Berkeley’s prestigious School of Law, also known as Boalt Hall.

The group was co-founded last year by upcoming 2016 Kazan Law summer clerk, Brittany Arsiniega who, along with 40 other Boalt Parents Network members, balances the daily demands of raising a family with the rigors of being a student or teacher at a law school. Boalt Parents Network offers members a forum of support through in-person events. Additionally, members have access to a group website, where they can tap into resources, plus share tips and advice on a host of topics, ranging from day care to parental leave and careers. In its inaugural year, Boalt Parents Network held a trick-or-treat event at the school, where faculty and administrative office personnel shared treats with the students’ children and admired their costumes.

Boalt Parents Network: Work Family Dilemma Series

In February, Boalt Parents Network presented a three-part “Work-Family Dilemma” luncheon series designed to educate and advise young law students on managing both their career and family goals and finding joy in each. Mr. Greenwood was honored to speak at the final event entitled “Lawyer Parents Tell All,” where he was asked to provide guidance for students with families or those seeking to start families.

“We wanted to bring together practitioners from a variety of legal careers who would speak frankly about interviewing, legal and societal issues, as well as balancing a fulfilling career with family responsibilities,” explains Boalt Parents Network Co-Founder, Brittany Arsiniega. “We were happy Mr. Greenwood accepted our invitation, bringing his unique perspective as a plaintiff’s attorney, as well as his own experiences as a lawyer raising a family.”

On the panel, Mr. Greenwood shared his trademark humor, anecdotes and strong encouragement for everyone to value and prioritize family — advice, according to one attendee, she “hadn’t heard from too many lawyers.”

Mr. Greenwood lectures throughout the United States on subjects related to his practice and subjects that are near and dear to his heart.

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