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Lawsuit FAQs

How old is your firm?
How much will it cost me for you to investigate my claim?
How soon after I am exposed to asbestos should I file a lawsuit?
How do I know if I have an asbestos disease?
I’m not sure about suing. Can I take some time to decide?
I don’t live in California, so why should I contact Kazan Law?
How large a settlement or judgment can I expect to recover?
Does Kazan Law bring class action asbestos lawsuits?
What if I am very ill? Will I be required to spend a lot of time on the lawsuit?
I want to file a lawsuit. What is the first step?
What are the differences between a third party civil case and a workers’ compensation case?
I know the people who caused my injury and I don’t want to harm them financially.
I like my employers and really don’t want to involve them in a lawsuit.
Aren’t trial lawyers just ambulance chasers; are you?

How old is your firm?

Kazan Law opened for business on March 1, 1974, and ever since has represented individuals and their families. Since the late 1970’s Kazan Law has focused its practice on representing asbestos disease victims, especially those with mesothelioma.

If you want more information, please visit the sections of our website about Kazan Law, Kazan Law’s role in the history of asbestos litigation, some of the important verdicts and appellate decisions Kazan Law has achieved on behalf of our clients, and profiles of the attorneys at Kazan Law.

How much will it cost me for you to investigate my claim?

You will never get a bill from us for investigating your potential claim. If you don’t have a case we can take, you owe us nothing. Also, if you decide to retain us as your attorneys we will work for you on a contingency basis. That means we are paid only if a judgment is won or settlements are reached in your case.

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How soon after I am exposed to asbestos should I file a lawsuit?

Before you file an asbestos lawsuit we believe you should have an injury that has been diagnosed by a medical doctor as an asbestos-related disease. Simply being exposed to asbestos is not sufficient grounds for us to file an asbestos lawsuit on your behalf.

However, if you have been diagnosed with an asbestos-related disease, you should contact an attorney immediately because certain deadlines (called statutes of limitations) may apply.

We believe that a case should only be brought if a client has cancer or another serious asbestos-related disability – one that prevents him or her from working or interferes in the ability to perform the usual activities of daily living.

If you have been exposed to asbestos, but have not been diagnosed with an asbestos-related disease, we recommend that you should:

  • monitor your health carefully
  • tell your doctor that you have been exposed to asbestos
  • seek medical attention promptly if you feel unwell
  • find out more about asbestos-related diseases and their symptoms

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How do I know if I have an asbestos disease?

See your doctor. Tell your doctor about your history of exposure to asbestos so that he or she knows how to monitor your health and whether or not to order any necessary tests.

You can learn more about detecting asbestos cancer and malignant mesothelioma disease by checking our informative page about mesothelioma screening.

I’m not sure about suing. Can I take some time to decide?

This depends on the legal deadlines, called statutes of limitations, which might apply to your potential case. These statutes are complex, they depend on the kind of case you are pursuing, and they vary from state to state. It is prudent to contact an attorney as soon as possible because once your statute has expired or “run,” you are forever barred from pursuing your claim.

Then you’ll know how much time you have to make up your mind about what you want to do.

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I don’t live in California, so why should I contact Kazan Law?

Our attorneys have successfully represented several thousand people with mesothelioma claims, and these clients have lived all over the United States, and in Canada, Mexico, the United Kingdom and elsewhere. We have almost 40 years of experience in asbestos litigation.

Because of our expertise in this type of litigation we are able to move our cases through the courts efficiently and quickly.

California courts are more receptive to asbestos lawsuits than those in some other parts of the country, so this is where we file all our cases.

Should you contact a local attorney, and should the lawsuit be filed in the jurisdiction where you live? These are good questions, but they do not have simple answers.

For a straightforward legal matter it usually makes sense to contact a local attorney. However, for complex issues – such as asbestos litigation – clients are often best-served by attorneys who have a lot of experience in that specific field. It therefore becomes more important to contact the best attorney, rather than a local attorney.

The question about where to file an asbestos lawsuit can only be answered on a case-by-case basis after examining all the facts. While some jurisdictions (e.g. California) are more favorable than others, it is not always possible to file in California.

The assurance we give to everyone with mesothelioma or asbestos cancer who contacts us, is that we will evaluate all aspects of the case to decide where the case should be filed. If we believe that California is not the right place for your case, we will be up-front with you about why we believe this and will discuss this with you. Further, we will put you in direct contact with an associate attorney whose work we know and trust, who practices in an appropriate jurisdiction, and we will work with this attorney throughout. This will not cost you any more money, and you will have two law firms working for you.

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How large a settlement or judgment can I expect to recover?

The value of your potential claim depends on many things, such as the medical evidence that confirms your diagnosis, how seriously you have been injured, your actual and potential losses, the strength (or weakness) of the identification of the asbestos products that you were exposed to, the companies that made these products, and their financial resources (including insurance coverage.)

In brief, it really is not possible to answer this question without knowing a lot about your potential claim, and you should be suspicious of any lawyer who tells you “how much” on your first meeting.

Our website contains information about some of our more significant trial verdicts and appellate decisions.

Does Kazan Law bring class action asbestos lawsuits?

If Kazan Law represents you in an individual lawsuit against the asbestos industry, we will also protect your rights in any class actions that apply.

Kazan Law often files complex lawsuits on behalf of our clients. These are not class actions. Rather, they are individual cases in which we sue many defendants.

What if I am very ill? Will I be required to spend a lot of time on the lawsuit?

A big part of our job is protect you and your family from the stresses involved in pursuing a complex lawsuit. That said, we will, of course, need your help. The extent to which we’ll need your participation depends in large part on whether or not we can settle your case and avoid a trial.

What you can be completely certain about is that our attorneys and staff will walk you and your family through each stage of the lawsuit. We will do our best to acknowledge that you have personal and medical priorities, as well as legal matters that need your attention. We have, after all, been doing this for almost forty years.

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How long will it take before I receive a settlement?

Most of our clients begin to receive settlements within a few months, but this varies from case to case and is therefore something that should be discussed between attorney and client.

We have the resources and experience to move cases very quickly through the legal system. This is especially true for our clients who are elderly or in poor health.

I want to file a lawsuit. What is the first step?

Consult a lawyer. We would be honored if you choose to contact us. We will get in touch with you promptly about the next step.

Or, you can call us at 877-995-6372 or send us an email and our staff will conduct a brief telephone interview and then discuss your potential lawsuit with the attorneys and get back to you promptly.

Kazan Law’s exclusive focus is on asbestos cancer and mesothelioma cases. Please explore our website, where you can find out more about our asbestos practice, our attorneys, and some of our more important verdicts and appellate decisions.

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What are the differences between a third party civil case and a workers’ compensation case?

Kazan Law files third party cases that are often referred to as product liability or toxic tort cases. Typically, they are against the manufacturers, distributors and/or suppliers of the substances that caused the injury, and the contractors and/or owners of the premises that are responsible for the place where the exposure or injury occurred. In other words, these lawsuits are against “third parties,” rather than the employer (second party). By the way, first party is you!

An employee who suffers a work-related injury also has a right to make a workers’ compensation claim against the employer. Workers’ compensation is usually a “no fault” system and is the exclusive remedy available to an employee to take legal action against an employer.

I know the people who caused my injury and I don’t want to harm them financially.

Employers, manufacturers, owners of property, product suppliers, contractors, etc., purchase liability insurance for exactly these reasons. Therefore, if you file a third party lawsuit it almost never means that they will personally be dragged into court or left destitute.

If Kazan Law were to sue your employer, it would probably be in a workers’ compensation claim – for which employers are usually required by law to have insurance. If an employer concealed your injury and then continued to expose you to a hazard and therefore aggravated the injury, then an employee is permitted to file a lawsuit other than a workers’ compensation claim. Employers should have liability insurance for this eventuality.

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I like my employers and really don’t want to involve them in a lawsuit.

Kazan Law rarely recommends suing the employer in a third party civil case, however, it is often a good idea to file a claim for workers’ compensation. Employers are required by law to have workers’ compensation insurance.

In many cases the employer is not really at fault, but is required to insure against workplace injuries. Usually the employer is entitled to get any benefits paid to an employee reimbursed by the defendants in the third party case, and is therefore very cooperative with us.

In rare circumstances you are permitted to file a third party lawsuit against your employer. We would discuss this matter with you before suing, and the choice of what to do would remain yours.

Aren’t trial lawyers just ambulance chasers; are you?

Many people are skeptical about trial lawyers in general, and sometimes about asbestos litigation as well. We’ve heard people say things like, “Back then those asbestos companies didn’t know any more about asbestos hazards than anyone else did,” and, “asbestos was banned so many years ago – how come so many people are suing now?” and, “I know someone who got some money and he isn’t even sick!”

Kazan Law cannot defend – and would not want to defend – the actions of every trial lawyer and client. We have our own standards and we live up to them. But the following facts and legal principles are at the heart of asbestos litigation:

  • At least by the early 1930s, certain people in the asbestos industry knew that asbestos caused lung disease and killed people.
  • Many companies in the asbestos industry conspired from the 1920s to the 1960s to keep knowledge about the dangers of asbestos hidden from the public and from workers who were exposed to asbestos in the course of their work.
  • Through the 1960s many companies in the asbestos industry portrayed asbestos as a harmless “miracle” substance that brought “quality” to the products that contained it – even though they knew it was dangerous and knew that safe alternatives were readily available.
  • Companies that manufacture, distribute and sell products in the marketplace have both a legal responsibility, as well as a social and moral responsibility, to ensure that their products are safe for their intended uses, and to give people who come into contact with them effective warnings if they are not safe.
  • Similarly, employers and the owners of property have a responsibility to ensure that their work sites and premises are not dangerous.
  • Many years can pass between exposure to asbestos and development of an asbestos-related disease. Therefore we are still facing the consequences of earlier workplace practices and policies.
  • Because a huge quantity of asbestos were used in many different products over the course of many decades, and because of the long period of time that passes before asbestos disease shows itself, many people are still succumbing to asbestos-related diseases.
  • The U.S. legal system allows injured people to present their cases to a jury that is empowered to decide on compensation and, if applicable, an award intended to deter future instances of grievous misconduct.
  • We believe that people with serious illnesses and disabilities caused by exposure to asbestos have a right to compensation, that common decency requires those who cause such harm to pay for what they have done and that our honest, ethical and responsible legal representation can bring fair compensation to our clients at the expense of those responsible. We call this justice.

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Jack London Market, 55 Harrison Street, Suite 400, Oakland, CA 94607 | Toll Free: 1.877-995-6372 | Tel: 877-995-6372 | Fax: 510.835.4913
Serving Oakland, San Francisco, Los Angeles and all of California.