Deciding which law firm should represent you in your mesothelioma lawsuit is one of the most important decisions you will make about your family’s financial future. Compensation for mesothelioma, which is caused by asbestos exposure, can run from the hundreds of thousands into the millions. An experienced asbestos law firm can have an enormous positive impact on your family’s financial future.

Where Should You Look for a Trustworthy Mesothelioma Law Firm?

It may make sense to start with Internet research when you are looking for a mesothelioma law firm. The results you get may be deceiving, however. Sites that look like impartial resources from non-profit organization may be designed to lure you to a particular law firm or, worse yet, a legal case broker. Case brokers perform lead generation campaigns in search of mesothelioma claimants. These case brokers do not represent plaintiffs in court but instead turn the handling of the lawsuit over to the firm that pays them the highest fee for the business. In short, case brokers sell cases to the highest bidder; they do not always place a case with the law firm that is the best qualified to represent you. And if a law firm knowingly and purposefully hides its identity behind a .org website designed to appear to be a charity or cancer support website, the firm is attempting to lure prospective clients in without fully disclosing their intentions. In either instance, you have to ask yourself if this is really the law firm you want to trust with your mesothelioma lawsuit.

Directories of mesothelioma lawyers like those provided by FindLaw may be a good place to start, but a law firm’s search engine or directory rankings aren’t necessarily a sign of the firm’s effectiveness in winning compensation for people suffering from mesothelioma. You should research the background of all the firms you are interested in thoroughly before making a choice.

It may seem like common sense to choose a lawyer whose office is located near you, but that may not be the best way to pick a mesothelioma lawyer. There is no legal requirement that your lawyer be located in the same city or even the same state as you. If you have the whole country to choose from, wouldn’t you prefer to have one of the nation’s top mesothelioma law firms handling your case? Most asbestos lawyers will come to you, so you won’t incur travel expenses if you work with a law firm in another city.

If a firm contacts you or cold calls you after your mesothelioma diagnosis, it may be tempting to just say yes and let that firm represent you. The same warning applies in this case that would apply with any firm you consider: carefully check the firm’s background to make sure they have a top-notch record of asbestos litigation. Chances are, if they are cold-calling to look for clients, they may not be the best choice to handle your mesothelioma lawsuit.

Identifying Good Qualities in a Mesothelioma Law Firm

In choosing a mesothelioma law firm, you want to work with people who understand what you’re going through and have both compassion and experience. You also want a bulldog in your corner: a lawyer who is dedicated to fighting corporate criminals who place profits ahead of people’s health.

When you get to the point of calling a law firm for a consultation, here are a few red flags that may signal that the lawyer on the other end of the line is not your best choice:

• Promises: If a lawyer tells you that he or she can guarantee you a certain amount of money or a certain outcome for your case, watch out. Ethical lawyers know that no outcome can be guaranteed and will talk to you about probabilities, not promises.
• Money up front: If a law firm asks you to pay a fee up front before they take your case, look for a different firm. Reputable mesothelioma firms will handle your case on a contingency fee basis, which means that you don’t owe any money unless they are able to win compensation for you. The last thing you need is legal bills piling up on top of your medical bills.
• Impatience: A lawyer who tries to rush you through your consultation and isn’t willing to take the time to answer your questions may be too busy to give your case the time and attention it deserves.
• Non-responsiveness: If a firm doesn’t return your call or respond to your email within a day or two, that’s a sign that they may be disorganized. Poor time management is anathema to good legal representation.

When it comes to asbestos litigation, size matters to a point. A lawyer who practices alone probably won’t have the resources you need. A small firm with a stellar record of winning mesothelioma cases may do a better job than a large firm with offices all over the country. The best asbestos firms of any size employ top-notch mesothelioma lawyers and experienced asbestos investigators, who help their attorneys, build the case against the corporations responsible for your asbestos exposure.

Kazan Law: Recognition of Achievement in Mesothelioma Law

In 2013, Kazan Law was named one of the top 15 plaintiff’s asbestos law firms by the US Chamber of Commerce. That same year, the firm was recognized by the National Law Journal as having one of the top 100 verdicts of the year for a $27 million verdict in a mesothelioma case.

In 2015, eight of Kazan’s lawyers were named to the Super Lawyers list, which recognizes lawyers who are outstanding in their practice areas. Many of its lawyers have been selected for years, and the two senior attorneys, Steven Kazan and David McClean, have each been chosen Super Lawyers every year since 2004.

More importantly, however, Kazan Law has a 40 year history of fighting hard to achieve fair compensation for clients with mesothelioma and other asbestos diseases. We handle many lawsuits, but you only have one, so we give each case our utmost attention.

If you want to discuss your case or you have more questions about how to choose a mesothelioma lawyer, please feel free to contact Kazan Law.

If you have recently been diagnosed with mesothelioma, you may feel overwhelmed by the medical and legal information you need to absorb. Here are the basics you will need to know to get started with your mesothelioma lawsuit.

Finding a Lawyer for Your Mesothelioma Lawsuit

Serious health problems related to asbestos exposure were first reported in the 1930s. Despite their knowledge of the danger this posed for the people who worked and lived with these products, many corporations continued to use asbestos in their products Because so many people have suffered from the toxic effects of asbestos exposure, including mesothelioma, asbestos-related lung cancer, and other asbestos-related diseases, the judicial system has created processes to streamline asbestos litigation.

The first, and perhaps the most important, step in filing a mesothelioma lawsuit is finding the right lawyer to represent you. An experienced lawyer is a crucial asset to help you recover the compensation to which you are entitled. You don’t have to choose an attorney with an office near your home; you can even work with a mesothelioma lawyer based in a different state. It’s a good idea to research your choice and work with a law firm that has a track record of winning settlements and verdicts for clients with mesothelioma.

Once you have found a trustworthy asbestos firm, your attorneys will do most of the work so you can focus on taking care of your health and spending precious time with your family. Your lawyer may request information from you, but most of the lawsuit process will move forward without much input from you.

Mesothelioma Lawsuit Process

The first step to filing a mesothelioma lawsuit is to determine where you were exposed to asbestos. Your lawyer will ask you for a list of all the places you have worked, since mesothelioma may take several decades to manifest after asbestos exposure. Some people were exposed to asbestos outside of the workplace, perhaps through the contaminated clothing of a spouse who worked with asbestos or because of asbestos building materials in their homes.

Your attorney will file suit against all the parties who could be responsible for your asbestos exposure. Early in this process, both sides will begin the discovery process. The defendants will request copies of your medical records and your attorney will request documentation about asbestos use from the defendants. The defendants will take your deposition, where you will answer questions under oath in front of a court reporter but not a judge. Your attorney will be at your side to support you and guide you through your deposition. The defendants will also be deposed.

Some defendants may try to convince the court that they are not responsible for your illness. Companies may argue that you could not have been exposed to asbestos at their location. They may claim that your mesothelioma was caused by a past history of exposure to someone else’s asbestos products, or that smoking or other health problems meant you were already injured, or couldn’t work even before the mesothelioma.. An experienced mesothelioma attorney will know how to counter these arguments.

Other defendants may accept their liability and begin settlement discussions soon after your lawsuit is filed, in an effort to minimize their legal fees. It is not unusual for claimants in mesothelioma lawsuits to begin to receive settlement funds within just a few months after the lawsuit is filed.

If a defendant is unwilling to settle, your case may go to trial. This is unusual. Over 80 percent of lawsuits settle before trial.

While mesothelioma plaintiffs receive expedited trial schedules because of the severity of their illness, the trial process can stretch to a year or more. If the defendant appeals the trial verdict, this can prolong the process even further.

Although trials can be expensive and time-consuming and there is no guarantee of a positive outcome, verdicts can result in greater compensation for plaintiffs than negotiated settlements. Kazan Law has won verdicts as high as $27 million for mesothelioma claimants.

Filing Your Mesothelioma Lawsuit Claim

Once you are diagnosed with mesothelioma, you have a prescribed window of time within which to file a mesothelioma lawsuit. This is known as the Statute of Limitations. If you don’t file within this window, you will not be able to recover damages for your injuries. The amount of time to file varies in different jurisdictions. In California, you have one year from when asbestos causes you to be unable to work at your usual job. It is important to begin working with a mesothelioma lawyer as soon as possible after your diagnosis to allow enough time to thoroughly investigate the potential sources of your asbestos exposure and determine the correct parties to sue.

Once again, it is important to work with a reputable and experienced mesothelioma law firm. If your claim is filed incorrectly, you may run out of time and lose your opportunity to recover the compensation you deserve.

In most cases, you have a choice where to file your mesothelioma lawsuit. You don’t have to live in the state where you file. At Kazan Law, we file most of our lawsuits in California because the people who serve on California juries understand the true value of mesothelioma claims.

Each case is different, as each person is different. If you would like to discuss your mesothelioma claim with one of the experienced asbestos lawyers at Kazan Law, please feel free to contact us for a free case evaluation.

Below are answers to the questions we hear most often from people suffering from mesothelioma, asbestos-related lung cancer, or other asbestos diseases.

What Are My Compensation Options for My Asbestos Injury?

Trust: Some of the companies responsible for exposing people to asbestos have faced so many lawsuits that they have declared bankruptcy. Through the bankruptcy process, they have created asbestos trust funds to compensate people who are currently ill because of asbestos exposure as well as those who become ill in the future. If one or more of the companies responsible for your asbestos exposure has set up an asbestos trust fund, you cannot sue that company but you can apply to the trust for compensation. On the positive side, these companies have acknowledged their liability and The Trusts will pay restitution to people with asbestos diseases without the expense or delay of a trial. On the negative side, asbestos trusts have a finite amount of funding and some pay only a fraction of the award due to each claimant.

Lawsuits: Your lawyer will determine which of the companies that exposed you to asbestos should be named in a lawsuit. Lawsuits can end in settlement before (and sometimes during) trial or in a verdict at the end of a trial.

Settlements: After your lawyer files suit, both sides will begin an exchange of information called the discovery process. More than 80 percent of lawsuits settle during this pre-trial phase. After viewing the evidence against them, defendants often decide that negotiating a settlement is a better option than going through the expense of a trial. Your lawyer will handle almost all the work during this phase of your case and will negotiate settlements, with your approval.

Trial: If one of the defendants in your asbestos lawsuit refuses to negotiate a settlement or doesn’t offer a fair settlement, your case may proceed to trial. The upside of a jury verdict is that a jury may award more compensation than you would have received in a settlement. In addition, juries can include hefty punitive damage awards on top of compensation for your lost wages, medical expenses, and pain and suffering. The downside of a trial is that they can cost a lot in expenses which will come out of your total recovery, there is always a risk that the jury will award less than was offered in settlement, or the jury could even decide in favor of the defense. Even if you do win at trial, the trial process will push back the time frame for you and you family to receive compensation by months or even years.

What is the Process for Filing an Asbestos Lawsuit?

Investigation: When you hire an asbestos law firm to represent you, the first step is to determine all the places where you were exposed to asbestos during your life. Your attorney will ask you for a complete employment history, starting with your first job. The firm’s investigators will research which companies used products containing asbestos and which manufacturers provided those asbestos products. Your attorney will also review your medical history to determine if any other factors could have contributed to your illness and to understand what issues the defendants may bring up in the course of your lawsuit.

Client’s Responsibilities: The good news is that your lawyer can do almost all the intricate detail work on your case. You will only need to appear for your deposition. Your lawyer will accompany you and support you through the deposition. When an in-person meeting is required, your lawyer will travel to you.

Time Frame for Compensation: Plaintiffs with mesothelioma or other asbestos diseases can start receiving payments within several weeks to a few months of filing a claim. Trust fund payments and settlements will come first. If any of the defendants don’t settle and the case goes to trial, money from those parties can take a year or longer.

Compensation Amounts: The amount of compensation you receive will depend on a range of factors, including the severity of your illness, the amount of your economic losses due to your illness, your medical history, and the fiscal health of the companies responsible for your asbestos exposure. Kazan Law has won many settlements for clients that range from the hundreds of thousands of dollars into the millions. We have won verdicts at trial of as much as $27 million.

Why is it Important to Work Only with an Attorney Versed in Asbestos Litigation?

Asbestos Cases are not Personal Injury Cases: There are many attorneys who handle personal injury cases such as car accidents and slip and fall injuries. While mesothelioma and other asbestos-related illnesses are technically personal injuries, asbestos litigation has a specialized set of rules and procedures that are different from other personal injury cases. Because of the high volume of asbestos lawsuits, courts have set up special procedures to streamline these cases. Courts hear mesothelioma cases on an expedited schedule because of the seriousness of this illness.

The Benefit of an Experienced Asbestos Attorney: A general personal injury attorney may not have experience filing asbestos trust claims, investigating asbestos exposure, and bringing the issues around asbestos disease to light during the trial process that will help you get the highest possible compensation. An attorney whose practice centers around asbestos litigation will know the parties involved and understand the procedures that can move your case forward quickly.

Contingency Fees: Good asbestos attorneys will work with you under a contingency fee agreement. This means that you will not be billed for legal fees and expenses. Your lawyer will be compensated by receiving a percentage of any monies you are awarded. If you do not receive compensation, you do not owe your lawyer any money for his or her work.

If you have any other questions or would like further information about filing an asbestos lawsuit, please contact Kazan Law.

Asbestos deaths of a company’s employees resulted in prison sentences for their bosses last week. This is an amazing victory for justice. Sadly it is amazing because it is all too rare that the individuals responsible for causing asbestos deaths of workers are held accountable and punished. More typically if there is a ruling in civil court in favor of those whose lives were destroyed by asbestos exposure; it is a monetary award that will affect only the company’s shareholders. But this time things turned out differently.

Asbestos Deaths of Italian Tire Factory Workers Lead to Manslaughter Charges

The asbestos deaths this time were not just left to be sorted out by the guilty company’s accounting department. This time a court in Milan, Italy, decided that those who committed the crime should do the time, as the saying goes.

The Milan court convicted 11 former managers of the Pirelli tire company, including two former CEOs, on charges of manslaughter. They were all handed prison sentences for causing the deaths of 20 workers who became ill as a result of being exposed to asbestos at the Pirelli factory in Milan where the company has its headquarters.

The court issued sentences up to seven years and eight months against the defendants, who were Pirelli board members during the 1980s. Prosecuting attorneys successfully proved that the workers at the Milan tire factory were not adequately protected against asbestos. The workers’ asbestos deaths are believed to have been caused by asbestos exposure they suffered while working at the company’s factories during the 1970s and 80s.

The court also awarded more than 500,000 Euros ($550,000) in damages to one family and other injured parties. Many families had settled out of court, according to media reports. Families of the victims cheered when the conviction was announced in court. They held banners saying.”We showed that when you are united, you can win”.

Pirelli’s lawyers vowed that they would appeal the court’s decision.

Asbestos Death Conviction in Previous Case Was Overturned

The conviction and sentencing of the Pirelli executives reminds us of the outcry caused by a previous case in which a corporate executive was let off the hook for asbestos deaths. In that case a controversial decision was made by an Italian higher court last November to overturn the conviction and 18-year prison sentence of Stephan Schmidheiny for lack of safety provisions in asbestos cement plants run by Eternit, his family’s now defunct company, during the 1970s and 80s.

He was convicted for being responsible for nearly 3,000 asbestos deaths.

Italy’s top court ruled that Schmidheiny, the heir to a Swiss industrial dynasty, should not have been convicted of causing a health or environmental catastrophe because the verdict came more than 12 years after the crime and the statute of limitation had lapsed for the specific charges.

Italian Prime Minister Matteo Renzi was quoted as saying that Italy’s “nightmare” criminal statute of limitation rules needed to be changed after Schmidheiny’s conviction was thrown out.

In the US, the statute of limitations is based not on the time of asbestos exposure but from the time of diagnosis or death from an asbestos-caused disease. An asbestos lawsuit can be filed decades after the exposure to asbestos occurred. Statute of limitation laws vary by state but generally, plaintiffs have three years to file a suit following an asbestos-related diagnosis or death.

Asbestos Deaths in Milan May Be Tip of Iceberg

Asbestos deaths at any workplace are inexcusable and horrific. The situation becomes even more horrifying when the offending company is a multinational corporation with many other factories where the same negligence may be occurring. Pirelli, the world’s fifth-largest tire manufacturer behind Bridgestone, Michelin, Continental and Goodyear, is present in over 160 countries, has 19 manufacturing sites around the world and a network of around 10,000 distributors and retailers. The 20 asbestos deaths in their home city of Milan may just be the tip of the iceberg. If Pirelli is this heartless about the lives of their fellow Milanese citizens, how can they be relied upon to be more careful with the lives of their workers in other countries?

Pirelli is a venerable company that has been sponsoring sport competitions since 1907and is currently the exclusive tire supplier for the Formula One Championship for 2011-2016 and for the FIM World Superbike Championship. It is reprehensible that a company with such a long history and proud pedigree would exhibit such a disregard for human life. We hope the Italian courts stick with the conviction they handed down this time.

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.

Choosing 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.

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.

AB 597, a California State Assembly bill that threatened the rights of asbestos victims, has vanished for now, I am proud to report. Thanks to a concerted effort by the Consumer Attorneys of California, labor unions and other concerned groups, AB 597 was mothballed by the leading Assemblyman, its sponsor.

With major corporate interests like the Koch Brothers behind AB597, a bill designed to deprive mesothelioma patients and other victims of unlawful asbestos exposure of their right to a speedy trial and just compensation, we can be sure they will attempt new legislation like this again. We will remain vigilant but for now let us rejoice in the victory we have won for justice.

AB 597 Official Death Notice

AB 597 is short for California Assembly Bill No. 597. It was sponsored by Assemblyman Ken Cooley, a Democrat from Rancho Cordova who offered a bill written by a powerful nationwide business lobbying group known by the acronym ALEC. ALEC stands for the American Legislative Exchange Council. Their goal is to tear down laws designed to shield Americans from the dangers of corporate greed. They turn out model legislation to slip into state assemblies all over the country. In this instance asbestos victims were in their cross hairs. But they didn’t get away with it.

AB 597 was scheduled for a hearing this week. But a recently released current bill status update clearly states, “Hearing canceled at the request of author.” This means that the bill did not even make it to a vote.

AB 597 Fight Rallied Diverse Citizen Groups

AB 597’s chilling threat to the rights of asbestos victims was viewed as a giant step in the wrong direction by many diverse groups who protect people. Firefighters and building and construction workers all face higher than average risks of asbestos exposure because of the presence of asbestos in many buildings. The groups that represent these workers helped us put together a strong coalition in opposition to AB 597: the State Labor Federation, the State Building Trades, the State Laborers Union, the California Professional Firefighters, the State Teamsters along with nearly every labor and democratic group organized in AB 597 sponsor Assemblyman Cooley’s district. Constituents placed over 100 phone calls directly to his office to oppose the bill.

Veterans, whose health plight has deservedly been in recent news, also opposed AB 597. Although veterans represent only eight percent of the U.S. population, they are an astonishing 30% of all known mesothelioma cases. Mesothelioma’s only cause is asbestos exposure. Veterans, especially those who served in the U.S. Navy, often were exposed to asbestos in the brake linings of military vehicles and in the insulating materials on ships.

While these groups and many others besieged Assemblyman Cooley’s office with phone calls and emails, Kazan Law’s of counsel Fran Schreiberg and I helped provide the policy arguments needed to help the committee members understand why AB 597 was a bad idea. Bills typically are dropped when the bill’s author realizes the votes are not there to get the measure out of committee and that’s what happened to AB 597.

AB 597: A Political Lesson

The rise and fall of AB 597 offers an interesting lesson in politics. First of all, the big money interests who really crafted this stealthy bill chose California because we have the dubious distinction of leading the nation in mesothelioma and asbestos-related deaths.

Second, most of us buy into the stereotype that members of the Republican Party represent big business and the Democrats are more attuned to remedying injustices faced by the vast majority of everyday people. Yet the reality is that AB 597, which intended to hurt people all ready fatally hurt by asbestos exposure, was introduced by a Democrat. This was a clever strategy. In a Democrat-controlled Legislature, it is very difficult to stop bills introduced by a fellow Democrat. The lesson is that some California legislators who are Democrats have fallen for corporate rhetoric about business and jobs at the expense of sickness and death.

Fortunately, our state is represented by many good and honorable legislators who recognized the false logic cruel injustice AB 597 would have inflicted on those suffering from the lethal effects of asbestos exposure. And they understood that this asbestos exposure was knowingly caused by the very same business interests that were the real architects of AB 597. So the wonderful lesson is that democracy still works and that given enough information, the people we elect to represent us will do just that – represent us.

For more details on what AB 597 intended to do to the legal rights of asbestos victims, please see our recent article Asbestos Legislation AB 597 Will Trample Victims’ Rights.

Veterans mesothelioma rights will be drastically hurt by a proposed new state bill. The legislation now pending in the California State Legislature disproportionately impacts veterans, who comprise 30% of all mesothelioma patients, and their families. This mean-spirited piece of asbestos legislation, motivated by sheer corporate greed, takes away the rights of all of the thousands of Americans who are sick and dying from the lethal effects of asbestos exposure. But veterans stand to lose the most if this bill passes.

Delay is the point of this bill – delay which assures that those most ill will die before their case reaches judgment.

How AB 597 Takes Away Veterans Mesothelioma Rights

Veterans mesothelioma is among the most tragic of all. These brave Americans who stepped up and did their duty for our country often put themselves in harm’s way and made sacrifices on behalf of all of us. Yet they were carelessly and needlessly exposed to asbestos. Now many of them are suffering from mesothelioma, a fatal cancer for which the only known cause is asbestos exposure.

Proposed legislation Assembly Bill 597 (AB 597) would all but eliminate the rights of asbestos victims to a fair trial and just compensation. One third of those affected would be veterans.

Bill Harming Veterans with Mesothelioma Backed by Corporate Group

Veterans and others suffering from mesothelioma should know that AB 597 is being sponsored by Assemblyman Ken Cooley (D-Rancho Cordova). They also need to know who is really behind AB 597. It is an evil lobbying group that carries out the wishes of corporate interests. It is called the American Legislative Exchange Council or ALEC for short. ALEC — composed of thousands of mostly Republican state legislators and financed by several hundred corporations – is a corporate front group that promotes so-called “model legislation” to state legislatures. ALEC focuses on stripping consumers and workers of their rights in order to maximize profits for corporate members. It is funded by the Koch brothers, who own Georgia-Pacific, a major asbestos defendant.

How You Can Help Us Stop AB 597

At Kazan Law we are doing everything we can to defeat this new asbestos legislation that would be so detrimental to asbestos victims. But we need your help. Time is of the essence. This bill will be heard for the first time on April 28 and we want to stop it now by encouraging the author to drop the bill.

Please take a moment and write to State Assembly Member Cooley. There are three forms of letters you may find useful. Choose the one that reflects whether you are writing as an individual, a U.S. Armed Services veteran, or on behalf of an organization (the letter from organizations is pre-addressed to the Chair of the Assembly Judiciary Committee and if you send it there, your organization will be listed among the many others opposed to AB 597). All are available on our website. Simply click the link.

individual model letter

veteran model letter

organizational model letter

Veterans with Mesothelioma Are 30% of All Mesothelioma Patients

There are 25 million US vets.  Although they represent just 8% of our population, they are an astonishing 30% of all known mesothelioma deaths.  California ranks first in the country overall for mesothelioma and asbestos related deaths and is alone home to almost 2 million vets.  These vets were often exposed while actively serving our country.

Asbestos was once used by the military in electric wiring insulation, brake pads and clutch pads on jeeps, tanks and aircraft. Military housing and other buildings on bases were constructed with building materials containing asbestos. The veterans most at risk are those who served in the Navy. All US battle ships commissioned between 1930 and 1970 contained tons of asbestos insulation in engine rooms, miles of piping running throughout the ships, and in the doors and walls as fireproofing measures.

Veterans Mesothelioma Cases Lose Right to Fair Speedy Trial

Veterans mesothelioma, like other cases of mesothelioma, does not wait for a court date. Once mesothelioma is diagnosed, typically decades after the damaging asbestos exposure occurred, the patient usually will only survive for a year.

Because mesothelioma victims die soon after diagnosis, they are often eligible for a speedy civil trial.  But a speedy trial means nothing if the victim is unable to prepare for court due to delays required by AB 597.

AB 597 forces veterans with mesothelioma and other mesothelioma victims to delay seeking a trial until they have filed claims with every single asbestos trust. Asbestos trusts were set up to protect the assets of companies guilty of asbestos exposure. They declared bankruptcy and set aside an amount of cash for the victims of asbestos exposure they knowingly harmed. But the trusts pay only pennies on the dollar. There are over 60 possible trusts and asbestos victims may be eligible for a relatively small number of these but are required by AB 597 to submit statements under penalty of perjury that each asbestos trust has been evaluated for a potential claim.  Delaying the trial date to do this often means death before the court judgment.

Also, requiring every plaintiff to file against every trust – even if the plaintiff doesn’t want to do so – ultimately reduces the amount of funds in the trust that a veteran might seek.

Veterans Mesothelioma Justice Delayed is Justice Denied

For veterans with mesothelioma who are ill and dying, justice delayed is justice denied.  In California, unlike many other jurisdictions, if the person bringing a lawsuit for injuries dies before the case is complete, there is no recovery for the pain and suffering the victim endured.  The mesothelioma veteran’s family receives far less in compensation.  And the corporate bad guys who poisoned the veteran are shielded from full accountability and receive a windfall by the delays AB 597 creates. Veterans mesothelioma deserves justice and compassion not legislative obstacles.