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

Posts by: Steven Kazan

FAQs About Mesothelioma Trust Fund Awards 

mesothelioma trust fund awardsMore than 50 US companies have declared bankruptcy to avoid the full costs of asbestos lawsuits. Those companies have set up asbestos trust funds to provide compensation for people who become ill with mesothelioma, now and into the future.

Mesothelioma Trust Fund Awards: Who Are They For?

If you have mesothelioma or other asbestos-related illness and you were exposed to asbestos by a company that has established an asbestos bankruptcy trust, you are entitled to an award from that company’s trust fund.

Asbestos trust funds have been established by companies that acknowledge their products contained harmful asbestos. These corporations have accepted liability for the fact that their negligence has led to asbestos disease. The trusts compensate people who have become ill with mesothelioma or other asbestos-related illness after working with or around those products. There are more than 115,000 sites and 19,000 ships in the US where these companies admitted they exposed people to asbestos.

If you have a diagnosis of mesothelioma or other asbestos disease, you may seek compensation from an asbestos trust fund. You will need to establish that you worked at one of the identified sites or elsewhere, what your job was there, and the time period during which you worked there.

A mesothelioma lawyer who understands the requirements of asbestos trust funds can gather and complete the documentation you need to make your claim. If you have been exposed to asbestos from multiple sources, your attorney can investigate to determine which corporations share responsibility for your injuries and help you receive all the compensation you are due.

Expected Mesothelioma Trust Fund Awards and Payouts

Payouts from mesothelioma trust funds depend on several factors, including the amount of funding left in the trust for future claimants, the severity of your illness, and the length of your exposure to asbestos at a particular site. Funds use a formula to calculate standard payout amounts.

Over the past three decades, asbestos trusts have paid more than $21 billion to claimants who have been injured by exposure to asbestos. Claimants with mesothelioma usually get the largest awards, averaging around $260,000. The trusts have remaining combined assets of more than $32 billion for compensating people who develop mesothelioma in the future.

You may submit your claim for expedited review, which can result in a quicker payout but the amount will be fixed and non-negotiable. Claimants must meet certain requirements to be eligible for expedited review. The individual review option gives you the opportunity to highlight all the circumstances of your claim. With help from an experienced asbestos lawyer, claimants often receive higher awards through the individual review process.

Once you have reached agreement with the mesothelioma trust fund on the amount of compensation you are due, your award may be reduced by something called the “payment percentage.” Few trusts pay the full amounts awarded, most pay only a fraction of the award amount, if trust funds are limited. This is done to insure that there will be enough money left to compensate all future claimants. The payment percentage can be 25 percent or less. The payment percentage may increase in the future, if there are fewer future claimants than expected. If this happens, you and your family could receive additional compensation at a later date.

How to Secure Your Mesothelioma Trust Fund Award

You can file claims against more than one mesothelioma trust fund, if you were exposed to asbestos from the product of more than one company. You may also file a lawsuit for damages against other corporations while seeking trust fund compensation.

If your asbestos exposure was due to a product you used at work, your claim may be against the manufacturer of that product. An asbestos lawyer can help you determine the appropriate party against which to file your claim.

Each asbestos trust has a website that outlines procedures for filing a claim and the proof required to support your claim. The claim procedures are standard for all these bankruptcy trusts and many allow you to submit your claim online.

Every mesothelioma trust is administered jointly by bankruptcy trustees, a Trust Advisory Committee made up of attorneys representing the interests of mesothelioma claimants, and a representative for future claimants. These parties determine the payment percentage and supervise The Trust’s compensation.

The process of receiving compensation from a mesothelioma trust is simpler than filing a lawsuit. You should still enlist the assistance of a mesothelioma lawyer to ensure that the process flows smoothly and that your best interests are represented.

 

Steps to Filing a Mesothelioma Claim

Filing an mesothelioma claimMesothelioma is caused by asbestos exposure. If you have been diagnosed with mesothelioma, you are entitled to compensation from the parties responsible for negligently exposing you to this toxic substance.

Working with An Attorney to File a Mesothelioma Claim

When you are struggling with a serious illness such as mesothelioma, it can be hard to find the energy to pursue the compensation you are due for your injuries. A top-notch mesothelioma lawyer can take this burden off you and ensure that you get the highest possible award.

Mesothelioma claims and lawsuits can result in awards in the hundreds of thousands to millions of dollars. Choosing the right mesothelioma lawyer can make a huge financial difference for you and your family, so it’s important to make an informed choice.

Ask about your mesothelioma lawyers’ background and experience before you hire them to handle your case. Find out how long they have been practicing, how many claims such as yours they have handled, the range of settlements they have achieved for their clients, and how many lawsuits they have won and lost. Make sure the attorney you are speaking with will handle your case personally rather than acting as a case broker who will sell your claim to an unknown third party.

A reputable asbestos law firm will work with you on a contingency basis. This means that you pay no fees up front and, if you don’t win your case, you owe your lawyer nothing for his or her work. If you do receive a settlement or jury award, your lawyer will be paid an agreed-upon percentage.

It is important to act swiftly after you are diagnosed with mesothelioma because, if you wait too long, the statute of limitations may bar you from filing suit. The statute of limitations is different in different states. In California, you have one year from your diagnosis with mesothelioma or other disabling asbestos-related illness to file suit against the responsible companies for your personal injuries. You may sue for compensation for past and future medical expenses, lost wages, and the pain and suffering caused by your illness.

If you are pursuing a wrongful death claim on behalf of a spouse or family member who has died due to mesothelioma, you have one year after his or her death to bring a lawsuit. In a wrongful death lawsuit, you may seek to recover past medical expenses, past and future lost wages, and the value of your loss of care, comfort, companionship, and other aspects resulting from the death.

You and your attorney may explore multiple avenues to obtain the compensation you deserve. In addition to filing a lawsuit against the company or companies responsible for your injuries, you may be entitled to workers compensation, if you were exposed to asbestos on the job. If your exposure happened during military service, you may be entitled to veteran’s benefits.

Filing a Mesothelioma Claim: Choosing the Right State and Plaintiffs

When an experienced mesothelioma law firm takes your case, the first thing it will ask for is a detailed work history so it can determine which corporations should be named as defendants. Good mesothelioma law firms employ investigators who work to locate every party who might bear responsibility for your illness.

After that, your attorneys will decide what state is the best venue in which to file your lawsuit. California courts look more favorably on asbestos plaintiffs than courts in some other states. You don’t have to live in the state where you file your lawsuit. You don’t even have to live in the same state as your lawyer. If travel is required, your attorney will come to you.

Once your lawsuit is filed, the discovery or factual investigation part of the process begins. Your lawyer will request documents from the defendants and provide records of your medical diagnosis, medical expenses, lost wages, and other damages. You, and possibly your spouse or other family members, will be asked to give a deposition. A deposition is recorded testimony, taken under oath, before trial. If you are too ill to appear at trial, your deposition testimony may be used instead.

What Happens After You File a Mesothelioma Claim?

Because mesothelioma is such a serious illness, your lawyer should file your case as quickly as possible so your lawsuit can be handled on an expedited schedule.

Your case is likely to involve multiple defendants and some may offer to settle with you fairly quickly. The time frame can vary greatly, but many of Kazan Law’s clients begin to receive settlements within a few months after filing suit.

Other defendants may drag the process out by attempting to have your claims against them thrown out of court. They might bring up factors such as family health issues or a history of smoking. Some will argue that other defendants bear the responsibility for your asbestos exposure, not them. Defendants might even challenge your mesothelioma diagnosis.

Experienced mesothelioma lawyers have seen this all before and they know how to respond to every objection a defendant can throw their way. While your lawyer may be working hard as your case moves toward settlement or trial, you won’t have much to do, other than answering occasional questions. You can focus your energies on taking care of your health and spending quality time with your family.

How to Find a Mesothelioma Lawyer

mesothelioma lawyer If you have been diagnosed with mesothelioma or another asbestos-related illness, the best way to receive the compensation you deserve is to hire the best lawyer to represent you. Look for a lawyer with a track record of successfully litigating and settling mesothelioma lawsuits on behalf of clients.

How to find the Best Mesothelioma Lawyer

When you engage a lawyer to represent you in your mesothelioma claim, you are making a financial decision that can have significant consequences for you and your family. Compensation in asbestos claims can be in the millions. A good lawyer can make a difference of many thousands of dollars; the best lawyer can make a difference of millions! That’s money you need to pay your medical bills and provide for your family. Kazan Law has negotiated settlements for hundreds of clients and won verdicts as high as $27 million for our clients.

Start your search by narrowing down your list to lawyers who specialize in asbestos litigation. Don’t be afraid to talk to more than one law firm before you choose the one best qualified to handle your case.

Here are some questions to ask before you hire a mesothelioma lawyer:

  • How long has the lawyer been handling asbestos lawsuits?
  • How many clients have they worked with in that time?
  • Where has the lawyer filed asbestos claims?
  • Do they have experience in the court where your claim will be filed?
  • What types of mesothelioma cases has the lawyer handled in the past?
  • Have they litigated cases similar to yours?
  • How many cases has the lawyer won? Lost?
  • How many cases has the asbestos lawyer settled?
  • What kinds of settlement amounts have they achieved for their clients? (Settlements may be confidential, but you can ask the lawyer to give you a range.)
  • How many clients has the lawyer helped through the process of getting compensation from asbestos trust funds?

Lawyer Tips for How to Find a Mesothelioma Lawyer

I have been helping clients with mesothelioma get the compensation they deserve since 1974. Over my years of handling asbestos lawsuits, I have encountered a lot of wonderful lawyers and, unfortunately, many who were less than scrupulous. Here are some basic steps to take when you are choosing an attorney to represent you in your mesothelioma claim.

  • Interview your attorney. If you are not feeling well enough, ask a family member or friend to do this. Request a case evaluation and a personal interview with the attorney who would be handling your case.
  • Make sure the attorney’s fees are on a contingency basis. A contingency fee arrangement is when your lawyer gets a percentage of the compensation award you receive from the resolution of your asbestos lawsuit. If you wind up not receiving any compensation for the lawsuit then your lawyer collects no fees. You may still owe charges for court fees, copying, and hiring expert witnesses. Ask how the fee arrangement works – do costs come ‘off the top’ or are they just taken from your share?
  • Check the attorney’s references. A good mesothelioma attorney should be able to provide you with a list of references of several previous clients to contact. Although you will only be given the contact information for very pleased clients, it will still be informative to talk to them about their experiences working with a mesothelioma attorney you are considering hiring for your case.

I am proud of the team we have built at Kazan Law.  The people at Kazan Law are incredibly talented. I’ve been so fortunate with my partners and the younger lawyers and the paralegals. People seem to stay here because they fall in love with the work; and mostly with the clients – it is really gratifying to be representing people who really need our help where we can make a difference

But not all asbestos attorneys place their clients’ interests above their own.

There are ambulance chasers. There are unscrupulous lawyers. There are guys are out there who run newspaper ads saying, “Call us to find out if you have million dollar lungs.” I think that’s outrageous. I think people need to be really careful about how they select a lawyer and about how they make what will potentially be the most important financial decision of their lifetime.

There are a lot of lawyers out there who are in this just for a buck. If you look for a lawyer on the Internet, the odds are you’re going to find lawyers who aren’t really trial lawyers. They’re really case brokers. Their operations are really designed to lure people in and sign them up and then sell that client’s case to another lawyer who does the work. The problem is they tend to sell those cases to lawyers who will give them the biggest cut rather than who will do the best job.

There is nothing wrong with a law firm advertising on the internet. What’s wrong is lawyers who disguise who they are. You will find a lot of lawyer websites that show themselves as .org sites, a web area intended originally for nonprofits, who in reality are lawyers pretending to be nonprofits, pretending to be public interest groups. What they want to do is get you to fill out their contact form, they want to get you on the phone and sign you up.

The point is clear. Be thorough in your due diligence process, ask the right questions, and meet with the lawyer. Ensure that your best interests are the first priority of any law firm that represents you and your family. Although information is vital in making the right decision so is your confidence that your lawyer is honest, trustworthy, and competent.

 

 

Coping with a Cancer Diagnosis

cancer diagnosisBruce Robinson is many things to many people. Bruce is a highly trained medical professional, medical researcher, global public speaker, author, father, grandfather, and compassionate soul. His list of accomplishments is impressive and provides a perspective into the mindset of the man. As Australia’s leading mesothelioma expert, Bruce has spent the past 10 years as the Director of  Australia’s National Centre for Asbestos Related Diseases researching and seeking cures for victims of asbestos exposure.

Concurrently since 1994, Bruce has taught and trained Australia’s future doctors as a Professor of Medicine and Lung Specialist at the University of Western Australia and he has served at Sir Charles Gairdner Hospital in Perth. In addition to his service as an educator, Bruce Robinson has spent the past six years as the Director of the International Skills and Training Institute in Health. Bruce’s community service and philanthropy through medical practice, research, training, and providing medical assistance to people in need has set the tone for his leadership philosophy: ‘servant leader.’ Through his many activities, Bruce was honored as Western Australian of the Year (2013-2014) and WA Australian of the Year in 2014. His most recent honor was selection to the prestigious Order of Australia (AM) award.

Yet with all of his work to help people, train people, and provide hope for a new cancer breakthrough, Bruce Robinson’s greatest legacy may be in his work with terminally ill cancer patients. One of the greatest regrets terminally ill cancer patients have expressed to Bruce “If I had my life all over again I would have spent more time with my family” became the cornerstone for his work in The Fathering Project. The Fathering Project’s goal is to educate and train young fathers starting families in the great importance of a strong father figure in their children’s lives. The positive affect of strong role models in the home on children has resulted in the reduction of youth substance abuse, crime, low self-esteem, poor attitude to school and loss of values. Bruce and the team are very excited to know that the work through The Fathering Project has benefited well over 50,000 children.

Understanding so many terminally ill patients’ regret of not spending time with their families and his work to teach young fathers how to step into the leadership role of their families, led Bruce to write a poignant and dramatic article: “What to do if family or friends get bad news about cancer.” The following is Bruce’s article which focuses on dying and coping with a cancer diagnosis. As Bruce states:

“This discussion about dying well or dying badly is not about euthanasia. It is about how you manage the dying process.”

What to do if family or friends get bad news about cancer

“I just want to die now. I am living in hell”

That was a fifty year old cancer patient. “I am sorry to hear that – are you in pain?” “No” she said. “But, my husband is angry all day, because he is stuck in the anger phase of grief, my son couldn’t stand it so he moved in with his girlfriend which has made my husband even angrier. To add to it all, he is angry with my daughter because she drops in each evening on her way home from her hairdressing job but doesn’t do anything to help, she just sits on the sofa and talks to me just like she has always done, without ever mentioning the cancer. My husband is angry with her because I make her cups of tea and cook her dinner in the same way that I always have and he thinks she should do it. I just want to die now”..

I will share later how this ‘living hell’ turns into a happy ending.

This discussion about dying well or dying badly is not about euthanasia. It is about how you manage the dying process. As a lung specialist I have looked after hundreds of patients (lung
cancer is the most common lethal cancer) and have in the process watched and participated in
the ‘journey to death’ of many patients and their families. This article is for carers and patients alike. It makes people cry. It might make you cry

Dying is ‘normal’, but there is a good way to do it and a bad way to do it. This applies not only to the patient, but also to family and friends.

When the dying process is handled badly, the survivors can be left with a life-long bitterness

You only have to open the daily newspapers to see examples of bitterness that flow on from badly handled death – rage expressed at the hospital, the doctors, the government or God. But when death is handled well, there is a way in which the surviving family members often describe a positive effect on them, such that they say “I am glad we handled it that way”. This is a reflection of the old but true saying “Death handled badly makes people bitter, death
handled well makes people better”.

Handling death well starts from the time that the diagnosis is given. This is partly out of the control of the family because it depends a little bit on whether the doctor, or other person giving the news, knows how to do it according to best practice. You need to decide whether or not you and your loved one want to know the prognosis. Not everyone wants to know the prognosis. It is easy to not want to know and to even deny the presence of the cancer. I have to be honest and say that in general it is best if they do know, not necessarily at the first consultation but soon thereafter. I respect the rights of patients to live and die in denial. I just I don’t ever see it helping much – short term gain for long term loss.

Read on and you will understand why this bit is important.

Once the cancer diagnosis has been explained and the treatment commenced, the journey to death continues. This is a scary journey but it can be made better. Here are some of the things that I have noted that in my practice have worked well.

  1. Don’t avoid talking about the cancer. Avoidance is a very powerful reaction, either in the patient, or amongst loved ones or even amongst medical or nursing staff. It is natural to avoid talking about things that make you feel uncomfortable. Indeed, it is often a reflection of love – being so afraid that you will say the wrong thing that you say nothing.
  2. Don’t create endless avoidance. Because death is about grief, and grief is about loss, and it is difficult to accept that the person is dying, it is easier to offer false hope e.g. “Apparently there is a new treatment in Mexico”, “I read about a patient with cancer who was healed by a fruit juice diet”, “I am sure the doctors have it wrong”, “Just keep a positive mental attitude and you will be healed” and a host of other phrases. Because they are reflections of love, I don’t wish to criticise them. However, they don’t save the patient from dying. They provide short term comfort but in the end increase anxiety and do not help the family to get on with grieving. While some of these can help the body cope with treatment, please don’t use them to stop you going on the journey of treatment and grieving together.
  3. Don’t talk about it continuously. Having gone ahead and begun to talk about it, don’t ask continually about it. Remember to talk about the children, the news, the football or anything, trying to treat them as normally as possible, without avoiding the issue.
  4. Don’t avoid visiting them. I often find that when a patient has a diagnosis they will have twenty visitors within the first few days in hospital, yet in the next two months after they leave hospital to go home they have zero visitors. That is understandable because some people feel so uncomfortable they don’t know what to say, and as a consequence they find
    something else to do. Be willing to spend some time. Usually it is better if is not a lot of
    time (if the patient can only handle a five minute visit, don’t say “I am sorry but I can only
    stay for an hour”).
  5. Take the initiative. Don’t just say “if there is anything I can do to help….” but actually take the initiative and do something, such as help with shopping, offer to take them on a visit to the clinic, pick up children from school or relieve the family of the duty of care for a day etc. You might even want to help them pull together a photo album of memoirs that they wish to have for their children and grandchildren.
  6. Thank them for all of the things that they have done for you in the past…, Some good times that you have shared together for which you are grateful and their characteristics that you have admired over the years. I have a magical phrase that I use with my patients, a phrase that has helped every single family that I have used it with.

“Plan for the worst but hope for the best”.

Their doctor may have told them something like “it could be as short as three months or as long as a year”. Planning for the worst means planning for the three months. What does that mean? It means that I encourage the patients to plan to do within those first three months (when they will be at their fittest) all of the things that they wish to do. For example, going to Paris, seeing Uluru, or whatever.

  1. …and tell them about your dreams for their future. This approach reaches its most poignant expression when it comes to writing letters or memoirs for their children or grandchildren e.g. letters for their children to open on their twenty first birthday, or a wedding day, describing their aspirations for them and how much they love and value them and admire them and believe in them for the future. When they do this their tears fall on the pages. But if the patient waits until the end of their disease course they are often too tired or affected by painkillers to be write such letters. I have seen that happen, avoidance of these hard things, and this is sad because it robs the children of a real gift, the gift of reading those letters in the future.

I sometimes think that avoiding the reality of death is like seeing a black door in the house and walking past it all the time, afraid of going through it, afraid of what is on the other side.

If they do get to the point when they are able to put their hand on that black door handle, turn it, open the door and walk through it, to their surprise they can enter a garden. In that garden there is a lot of expressed love, and they notice that the sky is bluer then they have ever noticed before, that the leaves of the trees are greener than they have ever noticed before and that because every day is a gift, they live the rest of their life with gratitude. That is not to say that they don’t suffer physically or emotionally in the process, but it is to a large extent the difference between dying badly and dying well.

Recently a patient of mine died having spent six months in complete avoidance. She never talked to her teenage daughters about the fact that she was dying. Although at her funeral someone described this “as showing the kids how brave she was”, I thought the opposite. Knowing that you won’t be there to see your children grow up, see them graduate, walk them down the aisle and see your grandchildren born, you are able to declare your confidence in them, your hopes and aspirations for them as people and the gifts that make them special now and which will make their futures special. You can ask them to take any good thing they have learn from you and ‘pay it forward’ to others, rather than always looking back.

That is why dying well “makes people better” – survivors are enriched by the process.

So what happened to the fifty year old lady with the angry family who was in living hell?

Well, by an extraordinary coincidence, I went for a haircut and after a brief conversation I sensed that the lady cutting my hair just might be her hairdresser daughter. So I brought it up. She knew who I was but was clearly relieved when I brought it up – that told me immediately she was an avoider. I arranged for the Cancer Council Family Counselling Services to visit them and they all sat around talking about the cancer, overcoming their reluctance, holding hands and crying. I know this because when I went to visit my patient in the hospice, she said to me “Bruce, great to see you. I don’t know what you said to my daughter but everything has been transformed. My husband is no longer angry, my son has moved back home and is helping and my daughter is now happy to talk to me about my cancer. In fact every week she comes in here and does my hair. Thank you so much”. It is a clear example of someone who could have died badly and left the family with bitterness but who ended up dying well. I would predict, although I don’t know for sure, that the members of that family would feel that their life was in some curious way enriched by having had that intensely personal and open caring experience.

Ten Tips if your loved one or friend gets bad news about cancer

  1. Overcome your avoidance urges – visit the patient and discuss the cancer
  2. Don’t feel like you have to say the right things. If you don’t know what to say, be honest “I
    wish I knew what to say”. And silence is just fine
  3. If you find yourself getting teary, don’t feel embarrassed. Tears are one of the best expressions of empathy.
  4. Be sensitive to spiritual issues – these are sensitive and often intense at this time.
  5. Avoid unhelpful phrases e.g. “I know how you feel”, “move on”, “time to pull yourself together”, “if only you hadn’t smoked” and “it could be worse.
  6. Do specific things to help e.g. shopping, helping with clinic visits, picking up their kids
    from school, cooking meals.
  7. If you are struggling as a carer be willing to ask for help.
  8. Look after yourself. Take breaks that don’t involve discussing your loved one’s terminal
    illness. And don’t feel guilty if you do so.
  9. Resist the urge to express your anticipatory grief by given false hope eg. “I heard on TV
    about a new diet that cures cancer”, “I am sure the doctors have it wrong” and “just keep a
    positive mental attitude and you will be healed”.
  10. Don’t be afraid to get family or grief counselling yourself.

 

 

 

Northern California Super Lawyers 2015 Includes 8 Kazan Law Attorneys

Northern California Super Lawyers 2015

From top left, Steven Kazan, David McClain, Joseph Satterley, Gordon Greenwood, Justin Bosl, Michael Stewart, William Ruiz, Autumn Mesa

Northern California Super Lawyers 2015 has chosen 8 Kazan Law attorneys for its highly selective list of top attorneys. What’s more, we are very proud that this is the12th consecutive year that Kazan Law mesothelioma attorneys were selected for inclusion in the prestigious Northern California Super Lawyers list. Considering that this exclusive peer-driven list is limited to only about 5 percent of the lawyers in the state of California and that we are a firm with 22 attorneys, the selection of eight of our attorneys for Northern California Super Lawyers 2015 is an accolade we are proud of.

Northern California Super Lawyers 2015 Includes All Kazan Law Partners

The Northern California Super Lawyers 2015 list includes each and every one of our firm’s partners. Our firm’s full name is Kazan, McClain, Satterley & Greenwood. We are very proud that each of these pillars of our firm has been recognized by the legal community as a Northern California Super Lawyer.

Steven Kazan -2004 – 2015

David McClain – 2004-2015

Gordon Greenwood – 2004, 2006 -2015

Joseph Satterley – 2013(Kentucky), 2014 – 2015

Northern California Super Lawyers 2015 Rising Stars

In 1998, Super Lawyers launched its Rising Stars list to recognize the top up-and-coming attorneys in the state. Rising Stars are considered by their peers as the best attorneys under the age of 40, or who have been practicing law for 10 years or less. No more than 2.5 percent of the lawyers in the state are named to this list. We are very proud that four of Kazan Law’s attorneys have been chosen for this important distinction:

Justin Bosl – 2011 – 2015

Autumn Mesa – 2015

William Ruiz – 2012 – 2015

Michael Stewart – 2013 – 2015

Northern California Super Lawyers 2015 Selection Process

The Super Lawyers list is developed as a resource to be used by attorneys and consumers searching for the best possible legal counsel. Unlike many listings in the legal profession and other professions, a listing in Northern California Super Lawyers 2015 can’t be bought by purchasing advertising space. Super Lawyers attorneys are chosen through a rigorous, multiphase rating process which includes peer nominations and evaluations combined with third party research.

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

To put it simply, the Northern California Super Lawyers 2015 list is a list of lawyers that other lawyers recommend. That’s the only way to get on the list. To be held in high esteem by our colleagues in this way is very gratifying for us.

Super Lawyers National Significance

Super Lawyers annually selects lawyers from top law firms from more than 70 practice areas who are admired by their peers and who have reached levels of success in their field of law. The list is published in Super Lawyers Magazine which is distributed to attorneys and accredited law school libraries. The magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers. Super Lawyers also publishes the list as a supplemental special section professional city and regional magazines across the country. Of course, there are also digital editions available online.

It is interesting to note that the Super Lawyers selection process received a patent from The United States Patent and Trademark Office in April 2013. The patent is a distinction which demonstrates credibility as an impartial third-party rating system.

Northern California Super Lawyers 2015 Accolade’s Positive Message

Northern California Super Lawyers 2015 inclusion of 8 of our attorneys provides us with a positive message. 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. We don’t represent big businesses with fancy software patents or contract negotiations. We represent hard-working everyday people many of whom die prematurely because of the asbestos exposure they suffered on their jobs. Achieving justice for them always has been and continues to be the most important accolade for us.

Garlock Bankruptcy Plan Shortchanges Current and Future Mesothelioma Claimants

Garlock bankruptcy could hurt asbestos victims.The bankruptcy reorganization plan submitted by Garlock Sealing Technologies LLC and The Anchor Packing Company in May of this year represents an insult to people with mesothelioma, asbestos-related lung cancer, and other diseases caused by exposure to asbestos. Under the proposed plan, the rights of current claimants would be significantly curtailed and future claimants would be shortchanged. In addition, if the Garlock plan is finally adopted and approved, it could set a precedent that would affect the ability of people injured by asbestos to receive fair compensation for themselves and their families from other companies.

Asbestos Trust Funds

Section 524(g) of the bankruptcy code was designed to ensure that people exposed to asbestos receive fair compensation, even when the companies responsible for that exposure file for bankruptcy. Under this law, a company that files for bankruptcy because of the cost of asbestos lawsuits must set up a trust fund to compensate current and future claimants.

Since mesothelioma and other asbestos-related illnesses can take decades to manifest, it is important for trust funds to contain sufficient resources to cover estimated future claims, as well as those claims currently in litigation. When determining the amount to be set aside, courts take the company’s resources into account as well.

Garlock Plan Would Lead to Reduced Asbestos Compensation

Along with the other claimants’ representatives on the Asbestos Creditors Committee (ACC), which I co-chair, we at Kazan Law oppose Garlock’s reorganization plan. The $362 million proposed asbestos trust fund falls far short of the amount needed to fairly compensate current and future claimants against Garlock and Anchor while it unjustly enriches these companies’ shareholders. Garlock has the resources to create a larger asbestos trust fund; mesothelioma victims should not suffer so shareholders can profit.

In addition, the plan put forth by Garlock creates significant roadblocks that will make it hard for people injured by asbestos exposure to receive the compensation to which they are entitled. The plan would require burdensome paperwork in order to prove eligibility and payments would be based on a matrix that sets compensation values lower than they should be.

If claimants decide their best option is to sue, the plan requires them to file their lawsuit in federal court in North Carolina. For injured people in other states, this could create such a significant obstacle that they will have effectively lost their right to have their day in court. Why should a man dying of mesothelioma in California have to spend weeks in a North Carolina courtroom to get justice?

Asbestos Victims Protect Your Rights

For the reasons above and more, all 12 members of the ACC oppose Garlock’s proposed reorganization plan. If you have suffered asbestos exposure because of Garlock or Anchor’s products, you (or your lawyer on your behalf) may be entitled to vote on the plan. Your “no” vote is a step toward further negotiations and a better outcome for all current and future claimants. You can learn more about your voting rights here. The deadline for voting is October 6, 2015.

If you are a current claimant against Garlock or Anchor, you may need to take action to protect your rights to compensation. If Garlock’s plan is approved, some current claimants may find their claims blocked if they don’t take action by the bar date of October 6, 2015. You are a current claimant if you received a diagnosis of mesothelioma or other asbestos-related illness on or before August 1, 2014 and you filed a legal action or pursued compensation from an asbestos trust fund on or before that date. To avoid being blocked from receiving the compensation you deserve, you may need to take action to assert your right. You may want to consult an asbestos attorney, to make sure your rights are protected.

Seeking Justice For Those Yet to Come

Because it takes so many years for those exposed to asbestos to become sick with mesothelioma, lung cancer, or other diseases, asbestos claims will continue to come to light over the coming years and decades. The outcome of the Garlock bankruptcy could have repercussions for asbestos settlements in other states and against other companies. That’s why we at Kazan Law take the fight to achieve a fair reorganization plan in the Garlock bankruptcy so seriously.

The plan put forth by Garlock doesn’t give enough weight to the financial and emotional hardship Garlock and Anchor’s negligence has inflicted on a yet unknown number of people. You and your family deserve better than this.

Insuring that current and future claimants are treated with the dignity and justice they deserve is a core mission of the dedicated lawyers at Kazan Law. That’s why we are committed to fighting the proposed Garlock asbestos plan.

Am I Entitled to Compensation from a Mesothelioma Claim?

Compensation for mesothelioma claim

If you or someone you love suffers from mesothelioma, you may be entitled to compensation by the party or parties responsible for the asbestos exposure that caused your illness.

Criteria for Compensation from a Mesothelioma Claim

If you feel you may have a lung disease caused by exposure to asbestos, the first step is to see your doctor and receive a medical diagnosis. Some of the symptoms of pleural mesothelioma or lung cancer are:

  • Persistent cough
  • Unexplained weight loss
  • Difficultly swallowing
  • Fever
  • Excessive tiredness
  • Shortness of breath
  • Hoarseness

If you receive a diagnosis of mesothelioma or another asbestos-related illness, the next step is to trace your history of exposure to asbestos. Mesothelioma may not manifest until many years after you were exposed, so you and your lawyer will need to investigate employers and locations where you may have encountered asbestos from when you were born until about the year 2000. This investigation will hopefully uncover the times and places where you may have been exposed to harmful levels of this toxic substance.

When corporations are named in asbestos lawsuits, they often go on the attack. They may argue that a plaintiff’s illness is caused by factors unrelated to corporate negligence, such as a plaintiff’s smoking or drinking habits or a family history of illness. In the face of this pushback, it is important to document past asbestos exposure as much as possible. Other asbestos lawsuits against these companies may help provide evidence on which to base your claims.

Even if you do have a history of smoking, asbestos may be implicated in your lung cancer. Studies have shown that asbestos fibers act together synergistically with cigarette smoke and cause increased rates of lung cancer among smokers, so you may still have a case even if you are or have been a smoker. Pleural mesothelioma is a rare and dangerous cancer that is only caused by asbestos exposure.

In order to build your legal case, you and your lawyer will also need to document your losses due to your illness. These can include financial hardship, from medical bills and lost income, and pain and suffering. In most cases, these losses are all too easy to document.

Proving your claim may sound like a challenge, but it’s not as hard as it may seem at first glance. Victims of asbestos exposure have been filing suit against negligent corporations since the 1970s and the procedures for proving and litigating a claim are well established. Millions of dollars have been paid out to people suffering from mesothelioma and other asbestos-related illnesses, so the precedent for compensating victims is also well established.

Options for Compensation from a Mesothelioma Claim

Once you have established the responsible parties and filed suit, there are several options for receiving compensation for your mesothelioma claim.

  • Settlement: Most lawsuits end in settlement before trial. Settlement payments are often less than jury verdicts, but you will receive compensation more quickly and without the risk inherent in a jury trial and the appeals process. Your lawyer and the defendants’ lawyers may choose a mediator to help them come to an agreement on fair compensation for your losses.
  • Trial: If your case makes it to court, the outcome is not guaranteed. Even if you win at trial, the defendant may appeal the decision, which can stretch the trial process out by months or even years. However, juries often award higher damages than you could achieve through the settlement process, including punitive damages, which are sometimes greater than the compensation for your losses.
  • Asbestos trusts: Some companies that are known to have negligently exposed people to asbestos have declared bankruptcy because of asbestos litigation. In those cases, the bankruptcy court requires the companies to set up an asbestos trust fund to compensate victims. If you are entitled to damages from one of these funds, your lawyer can navigate the paperwork to document your diagnosis and your losses and to ask for compensation. While trust distribution procedures (TDP) may vary from trust to trust, the process is fairly standardized and most trusts will accept the same paperwork.

Work with an Attorney to Secure Your Compensation from a Mesothelioma Claim

Selecting the right attorney to represent you in your mesothelioma claim is an important choice. An attorney with experience in asbestos litigation can help you through the investigation and claims process quickly, as he or she has been through the process many times before. You deserve the best compensation for your injuries and to support your family and you deserve the best lawyer to get you there.

 

Picking the Best Asbestos Law Firm

asbestos law firmChoosing the best firm to represent you in your asbestos lawsuit can mean the difference between a speedy resolution and a case that drags on for years. It can mean the difference between a settlement that provides for your family or being buried under unpaid medical bills. Because the decision you face is so vital, take the time to perform thorough due diligence. The following information will provide a road map for the things you should look for and the results you wish to achieve.

Choosing Your Asbestos Law Firm Has Huge Financial Implications

Asbestos exposure can lead to serious diseases such as mesothelioma and lung cancer. If you are suffering from asbestos-related illness, you may have been forced to miss work or stop working altogether. You are entitled to compensation for your lost wages and earning potential so you don’t have to contend with financial hardship at a time when you are contending with a health crisis. By pursuing legal action against the company or companies that negligently exposed you to toxic asbestos, you can get the money you need to cover mounting medical bills, compensate you for pain and suffering, and make sure that your family has the resources they need to maintain their standard of living.

The stakes are high when you choose a lawyer to represent you in your claim. An attorney experienced in litigating asbestos claims can make the best possible case for you. Kazan Law has won thousands of settlements and many verdicts for its clients. Most cases have totaled over $1 million, many more than $10 million, and some more than $20 million.

Inquire About the Asbestos Law Firm’s Experience

Before you place your case in the hands of a law firm, ask for information about other asbestos cases they have handled. Do they specialize in asbestos litigation or is this a small part of a larger practice? What kinds of verdicts and settlements have they won for their clients? Can they point to clients with situations similar to yours?

Asbestos lawsuits differ from other personal injury cases in important ways. Special rules govern asbestos litigation and compensation from asbestos trust funds. A good attorney will conduct a careful investigation to uncover all possible places where you may have been exposed to asbestos, often decades in the past. An experienced attorney who knows the companies that manufactured and used asbestos will be able to craft the most compelling case and attain the best outcome for you.

Looking Beyond Your Community for an Asbestos Law Firm

When you’re choosing a dry cleaner or a dentist, it makes sense to stay local. The best attorney to represent you in your asbestos lawsuit, however, might not be located down the street or even in your same city. When you need someone with specialized expertise, it’s a good idea to expand your due diligence efforts before you make your choice. Be patient in your search and cast your net widely.

Working with a law firm whose office isn’t near you may seem overwhelming when you are also dealing with mesothelioma or lung cancer. Don’t let that deter you from your search; a top asbestos law firm will meet with you where you live, to take the burden off you.

It’s a good idea to be wary if a law firm is too aggressive or places flashy ads on the Internet. The firms with the best reputations don’t need to lure clients in with scary, urgent advertisements. They know that clients will seek them out.

If your town doesn’t have an award-winning asbestos law firm, you don’t have to settle for second best. Kazan Law won an award for the top wrongful death jury verdict of 2014; seven Kazan attorneys were named Super Lawyers in 2014; and the firm is on the 2015 Best Lawyers list. Representation in your asbestos lawsuit is an important decision for you and your family. You deserve to be represented by the best.

 

 

Asbestos Related Lung Cancer Lawsuits

lung cancer lawsuits People who were exposed to asbestos may develop serious health problems later in life. Pleural mesothelioma and lung cancer caused by asbestos may take decades to come to light. Fortunately, the justice system offers a way for victims to receive compensation from the companies that used asbestos despite known health risks to employees and customers.

 Lung Cancer and Pleural Mesothelioma From Asbestos Exposure

Pleural mesothelioma is a rare cancer of the outer lining, or pleura, of the lungs. The cause of this cancer can almost always be tied to asbestos exposure decades earlier – sometimes as much as 50 years before the cancer manifests. The symptoms of pleural mesothelioma can include persistent cough, shortness of breath, chest pain, unexplained weight loss, and fatigue. A biopsy is the only way to definitively determine whether you have mesothelioma. While pleural mesothelioma is the most common form, this cancer can also strike mesothelium (protective lining) of other organs. Treatments for mesothelioma continue to improve but the condition is almost always fatal.

While most lung cancers are caused by tobacco or other environmental factors, exposure to asbestos is implicated in some lung cancer cases. Asbestos contains sharp-edged, microscopic fibers, some of which may get lodged in the soft tissue of the lungs. Scarring results and the fibers keep irritating the lung tissue. In time, some of the cells around the fibers may mutate, forming a tumor. Smokers who were also exposed to asbestos have a much higher chance of developing lung cancer than smokers with no history of asbestos exposure. The symptoms of lung cancer are very similar to the symptoms of pleural mesothelioma.

Filing a Lung Cancer Lawsuit Due to Asbestos Exposure

If you were exposed to asbestos at any time during your life and you have been diagnosed with lung cancer, you may be entitled to compensation from the party or parties responsible. The first step to pursuing a claim for asbestos-related lung cancer is to determine who is responsible for your asbestos exposure. A detailed work history will help determine the length of time you spent in an environment contaminated with asbestos and the severity of your exposure. These factors may be critical to the success of your claim against the negligent company.

At a time when you are dealing with the stress and pain of cancer treatment, filing a lawsuit may feel overwhelming. An experienced asbestos attorney can explain all your options, including filing a claim with an asbestos trust. If it seems likely that you have a case, the law firm staff can conduct an investigation to verify the sources of your asbestos exposure. You can receive the compensation you deserve to help with medical bills and lost income.

Compensation for Lung Cancer Lawsuits and Pleural Mesothelioma from Asbestos Exposure

The majority of lawsuits filed by people suffering from pleural mesothelioma or lung cancer are settled before trial. At Kazan, McClain, Satterley & Greenwood, we prepare every case for trial, but we also engage in settlement negotiations and mediation to try to resolve the case out of court. Particularly in cases of lung cancer where other environmental factors such as smoking may be present, defendants may deny responsibility for the harm they have caused. Building a solid case allows a lawyer to negotiate the best possible settlement.

In some cases, the parties are not able to reach a settlement and it may be necessary to take the case to trial. Trials can be lengthy and defendants may appeal if they lose, drawing out the process even further. This delays compensation that can help pay for medical bills and family expenses. Jury verdicts, however, can be much larger than settlements reached out of court and may include large punitive damage awards to deter other corporations from similar behavior in the future. For example, Kazan lawyers won a verdict of over $27 million for a California couple. The husband worked with asbestos-laden insulation in the 1950s. The wife was exposed to asbestos when she washed her husband’s work clothes. The jury added $11 million in punitive damages on top of the $16,342,500 they awarded the couple for economic, emotional, and physical injuries.

Some companies have filed for bankruptcy to avoid asbestos lawsuits. Many of those companies have created asbestos trust funds to provide compensation for people who develop pleural mesothelioma or lung cancer after exposure to asbestos due to their products or operations. An experienced attorney can help you take the steps required to prove your claim and receive compensation from an asbestos trust fund.

 

 

Asbestos Use in U.S. Plummets!

asbestos useAsbestos use in the U.S. has dropped by 90% in the past two years, according to just-released data. An amazing 80% drop occurred just from 2013 to 2014. This is very good news for all Americans. It is clear that there is no safe level of asbestos use. Any amount of asbestos exposure can cause mesothelioma, an aggressive cancer for which there is no cure. Regardless of the asbestos lobby’s attempts to characterize certain asbestos types as safe, no type of asbestos is safe for human exposure. Asbestos remains a deadly mineral with horrible health consequences.

Asbestos Use Steep Decline Reported by US Geological Survey

Asbestos use data showing the steep decline in the US was reported by the US Geological Survey. The data was part of its annual report on the global asbestos trade for the United Nations (UN) Commodity Trade Statistics Database. Asbestos use monitoring falls under the purview of the US Geological Survey because asbestos is a mineral mined from below the earth’s surface.

US asbestos use for the last few years according to the new report is:

2012   1560 tons

2013   745 tons

2014   144 tons

This data is all the more remarkable given that asbestos use remains legal for many types of products in the U.S. It reflects a great victory on the part of anti-asbestos advocates who have raised awareness of the dangers of asbestos. It is also a tragic victory for those who have successfully sued businesses for knowingly exposing them to asbestos, causing them to develop mesothelioma and die.

To put this new data into perspective, consider that in 1973, at the peak of asbestos use in the US, the US Geological Survey reported that a record 803,000 metric tons of asbestos were used in this country. Of that, 137,000 tons came from U.S. mines and most of the rest was imported from Canada.

Asbestos Use and Export Remains High In Some Countries

Asbestos is now banned in 52 countries, and safer materials have replaced asbestos use in many products. But there are many countries that still actively mine asbestos for export and the report highlights which countries continue to export the most of this extremely dangerous substance. And also which countries continue to import it despite its hazards being well-known for decades.

The US Geological Survey’s new asbestos report shows that in 2014 the top five producing and using countries remained about the same as in 2013. The report also highlights that global asbestos production and asbestos use has stayed steady at around 2 million tons per year. Please note that Russia, one of the world’s main asbestos-producing countries, has not yet reported its 2014 data to the UN, so the numbers shown are USGS estimates.

For much of Europe, asbestos use for 2014 is as low and in many cases lower than in the U.S. Asbestos use by France is at zero level. Italy, which once had a huge asbestos mining industry, is not far behind at 6 tons of asbestos use for the year.

However, for Europe’s two former Soviet Union countries, the numbers tell a different story. For Belarus, the total is 7,832 and for Ukraine it is even higher at 24,743 tons. But the dubious distinction of the country with the highest amount of asbestos use in not only Europe but in the entire world is Russia itself. According to US Geological Survey estimates for this year, Russia produced a startling 1,100,000 tons of asbestos. It exported half of it and used the rest at home.

There is hardly any asbestos use reported for Africa except for Zimbabwe which imported 5,997 tons of asbestos.

The biggest asbestos user in North America is Mexico with 12,179 tons. Not even a close second is El Salvador at 730 tons, with Canada third at 378 tons and the US fourth with 144 tons. Worth noting here is that Aruba, Barbados, Belize and Jamaica are all at zero asbestos use so those may be better travel options than Mexico. Who wants to bring home mesothelioma as a souvenir?

In South America, Venezuela at 4 tons and Argentina at 100 tons are among the lowest. Brazil produced 284,000 tons of asbestos and exported about half of it.

Second only to Russia in world asbestos use is China which used 507,016 tons of asbestos last year. Third place sadly goes to India with 370,011 tons of asbestos use. China’s asbestos use declined slightly from last year according to the data while Russia’s slightly increased and India’s significantly increased.

Here’s Hoping U.S. Asbestos Use Decline Continues and Spreads

The following facts about asbestos use remain clear:

  • All forms of asbestos are proven to cause cancer
  • All forms of asbestos can cause mesothelioma, lung, laryngeal, ovarian and gastrointestinal cancers
  • No level of asbestos exposure is without risk
  • Victims of asbestos-caused cancers often die painful lingering deaths
  • Eliminating asbestos use would prevent many of these deaths

So it is a cause for celebration that asbestos use in the U.S. has declined so steeply in the past few years. Let us hope this downward trend continues and that next year’s US Geological Report to the UN shows that asbestos use in the US has completely disappeared. Let us also hope that this trend spreads around the globe to other countries so that much needless human suffering and loss can be prevented in the years to come.

 

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