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Mesothelioma Payouts and State of Residency

mesothelioma payoutsMesothelioma payouts are among the most important aspects of mesothelioma lawsuits.  Receiving monetary compensation for the horrific harm done to someone by knowingly exposing them to asbestos is a way to attempt to balance the scales of justice.

Why Mesothelioma Payouts Vary Within the United States

But substantial mesothelioma payouts are not a foregone conclusion.  Many factors play a role in the outcome of a case, including the financial settlement. A key factor is the state in which the case is tried. Although we have a federal government in the United States, each of the 50 states maintains the right to do certain things their own way. The laws regarding mesothelioma cases and mesothelioma payouts are extremely complicated with major variations among the states.

Some states unfortunately have state legislatures that have been successfully lobbied by business interests to unfairly stack the deck against mesothelioma victims.  These states have placed extra hurdles in the way of mesothelioma victims receiving fair mesothelioma payouts.

In addition, juries are more likely to issue higher awards and settlements in major cities where the economies are strong and the cost of living is high. We have seen this firsthand in the San Francisco Bay Area, where Kazan Law is based.

How an Experienced Mesothelioma Attorney Can Help With State Differences

The good news is that an experienced mesothelioma attorney with expertise in how states differ in processing mesothelioma lawsuits can help achieve the highest possible mesothelioma payout.  The best mesothelioma lawyers are knowledgeable about mesothelioma laws in each state and are eligible to provide excellent legal representation to victims on a nationwide basis.

Kazan Law is a pioneering law firm in the area of asbestos law.  With over 40 years of experience in winning some of the highest mesothelioma payouts for victims, Kazan Law consistently receives the commendations for excellence from our colleagues and clients.

State Residency and Mesothelioma Settlement Amounts

Even though two mesothelioma victims both may have strong cases, the mesothelioma payouts each receives may vary greatly depending on the state in which their attorneys file their lawsuits. A mesothelioma victim may not realize this but they may have several options of where to file their lawsuit.

If, for example, your asbestos exposure occurred to you when you were in the U.S. Navy, you may file your lawsuit in the city where you were stationed.  If that was in the San Francisco Bay Area, we can file the case here even if you have never lived here.  Or if the company responsible for your asbestos exposure has a main office located in the San Francisco Bay Area, you could also file here. The value of your case would be much higher in California, due to the higher costs of living, than it may be where you live.

Here is information about how several key states differ on mesothelioma lawsuits.

New York has had the highest number of asbestos lawsuits in the country because asbestos manufacturing there dates back to the 1880s.  State laws here have focused on improving worker and workplace safety. Kazan Law’s founding partner Steven Kazan has been licensed to practice law in New York since 1967.

Pennsylvania, like New York, has a history of asbestos manufacturing dating back for many decades. It remains one of five states in the U.S. with the highest number of mesothelioma and asbestos-related lawsuits. Because they felt that these cases were clogging their court system, Pennsylvania legislators introduced new limiting procedures. Kazan Law partner Joe Satterley is licensed to practice law in Pennsylvania.

Ohio has been another key state for asbestos lawsuits. But about 15 years ago, Ohio lawmakers added new restrictions for filing asbestos lawsuits.  Ohio now also provides assistance not to mesothelioma victims but to the companies facing asbestos lawsuits. This could present additional challenges for mesothelioma victims.

Texas passed many new laws within the last few decades and its courts have made unfavorable rulings to prevent mesothelioma victims from achieving the justice they deserve.

Florida passed the Asbestos and Silica Compensation Fairness Act in 2005. This law added to the evidence required regarding a victim’s asbestos exposure and subsequent illness.

What Affects The Total Amount of Mesothelioma Payouts?

Besides which state a mesothelioma lawsuit is filed in, other important factors can have an impact on the amount of a settlement. The following conditions typically help determine mesothelioma payouts:

Medical diagnosis and expenses: these are  important elements affecting a mesothelioma case and are directly linked to the specific diagnosis and follow-up costs of medical treatment. Kazan Law makes sure that all medical expenses are included in mesothelioma payouts for clients.

Other expenses and bills: Besides medical expenses, bills and living costs may build up once mesothelioma interferes with a patient’s ability to work. Overdue bills, accounts in collection and other expenses can overwhelm someone all ready suffering the ill health effects of mesothelioma. Being reimbursed for these types of bills and expenses is an important part of mesothelioma payouts. People who are victims of negligence should not have to pay expenses for an illness caused by someone else.

Lost wages due to illness: When mesothelioma stops someone from being able to work, they are entitled to be compensated for their lost wages. Missed years of work can often add up to a very significant amount of money.

Personal distress (physical and mental): Clearly, suffering from mesothelioma and other asbestos-related diseases wreaks utter havoc on the quality of life. Personal distress, both physical and mental, impacts mesothelioma payout amounts. Kazan Law fully understands the devastation caused by mesothelioma and strives to obtain the largest mesothelioma payouts for mesothelioma victims and their families and often can win extra damages to punish guilty businesses.

What to Expect from Mesothelioma Payouts

Many factors, including the state where a mesothelioma lawsuit is filed and other factors specific to each case determine the amounts of mesothelioma payouts. Kazan Law has a proud history of obtaining the absolute fullest mesothelioma payouts for clients, sometimes totaling into tens of millions of dollars. We understand the difference in state laws regarding mesothelioma cases and are licensed to practice in several states.

Even when you first talk with a Kazan Law attorney, you’ll get a better understanding of your case and the factors that are in your favor. The state where you currently live need not determine where your lawsuit is filed.

Our attorneys make every client a priority. Our asbestos law firm has extensive experience in the most appropriate state jurisdiction possible to obtain the highest amount of mesothelioma payouts.

 

 

 

 

 

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Kazan, McClain, Satterley & Greenwood

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

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