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

Posts by: Steven Kazan

Mesothelioma Law and Mesothelioma Facts

mesothelioma lawIf you are considering starting a mesothelioma lawsuit, you must understand the basic facts about mesothelioma law before beginning the process of finding the right mesothelioma attorneys to represent you. First, you need medical proof that you have mesothelioma. Your efforts to proceed with the legal process rely upon a doctor’s diagnosis. Second, and often most time consuming, you need proof that specific persons or businesses exposed you to the asbestos which caused your mesothelioma.

Mesothelioma Law and Medical Diagnosis

Mesothelioma lawsuits can result in verdicts or settlements for the victim representing millions of dollars in compensation. Businesses responsible for causing mesothelioma and their insurance companies would rather not take responsibility for their actions by admitting guilt or paying out millions of dollars to those they have irrevocably harmed. Because of their unwillingness to admit responsibility for your asbestos exposure, it is critical that solid proof be gathered and documented.  Mesothelioma is a devastating preventable type of cancer with only one known cause – exposure to asbestos. Mesothelioma silently and slowly attacks the tissues lining vulnerable organs of the body. In most cases because microscopic asbestos dust fibers are inhaled into the lungs, mesothelioma develops in the tissue lining the lungs. This is pleural mesothelioma. But the tiny flecks of asbestos can also make their way through the body’s systems into tissue that line other organs such as the heart and the abdomen.

What makes mesothelioma unusually difficult to diagnose and makes mesothelioma law such an  intense area of litigation is that the symptoms only emerge decades after the asbestos exposure. The disease develops silently for many years with no outward signs.

When symptoms first make themselves known they can easily be mistaken for another more common illness such as a cold or flu.

If your cold or flu like symptoms linger longer than normal, and will not go away, don’t hesitate to seek medical help. Be persistent about seeing your primary care physician. If you recall working around asbestos or recall having a family member who did work around asbestos, then take immediate action. Your physician may decide it is necessary to have you go for x-rays, blood tests and possibly additional tests, or send you directly to a cancer specialist. The sooner you have definitive results, meaning a medical mesothelioma diagnosis, the sooner you can put mesothelioma law in play on your behalf.

California Mesothelioma Law Not Limited to Californians

Mesothelioma law in California is often open to  non-Californians suffering from mesothelioma. The laws are structured so that you do not have to be a California resident to file a mesothelioma lawsuit here.  Nor do the companies named in your lawsuit have to have offices or businesses here.

California has some of the strongest most favorable mesothelioma laws in the country for achieving justice for victims of asbestos exposure.  California also has some of the top expert mesothelioma lawyers in the country, like Kazan Law.  The following are a few of the reasons why California mesothelioma laws are advantageous to those filing mesothelioma lawsuits: .

  • Mesothelioma laws in California are among the most favorable in the U.S. for asbestos victims.
  • California residency is not required to file an asbestos lawsuit here.
  • California mesothelioma law allows you to initiate your lawsuit even if you have not yet identified who or what is responsible.
  • Top pioneers in the asbestos litigation field, like Kazan Law, were at the forefront in helping asbestos victims receive compensation for their injuries

Mesothelioma Law Reflects Mesothelioma Facts

Those of us who helped initiate the first mesothelioma lawsuits and have practiced mesothelioma law for decades expected that by now mesothelioma might be a thing of the past. We had hoped that once it was understood how fatal and preventable mesothelioma was, laws would be enacted to prevent people from being exposed to asbestos that causes mesothelioma.

But unfortunately mesothelioma is still very much part of the global landscape. Although recent laws have cut down on asbestos exposure they have not eliminated it.  Mesothelioma law continues to be a necessity as reflected by mesothelioma facts and statistics.

Key current statistics to know are:

  • 3,000 people are diagnosed with mesothelioma in the U.S. every year
  • Almost 3,000  people die from mesothelioma in the U.S. every year
  • 20 – 50 years is the usual time frame of asbestos exposure to diagnosis of mesothelioma

The U.S. Centers for Disease Control (CDC) tracks and analyzes mesothelioma statistics. Here are some results from the decade 2001 – 2010, the most recent data set[1] that has been compiled.

  • 26, 471 mesothelioma U.S. deaths
  • 21, 246 mesothelioma deaths in U.S. men
  •    5,225 mesothelioma deaths in U.S. women
  •        75  median age of death from mesothelioma in the U.S.

According to the CDC, these states have the highest number of deaths from mesothelioma – which remained constant over the decade even with some fluctuations from year to year:

  1. California
  2. Florida
  3. Pennsylvania
  4. New York
  5. New Jersey
  6. Texas

Survival Statistics

Mesothelioma law is adamant about pursuing businesses that knowingly exposed people to asbestos because mesothelioma is almost always a fatal disease. New avenues of cancer research are making progress in developing new mesothelioma treatments. But at present many of these are not approved by the FDA and can only be accessed through participating in an investigative clinical trial, with no guarantee of results.

Conventional treatments, including surgery to remove tumors, chemotherapy and radiation, can help increase survival time. But overall survival time depends on the stage at which mesothelioma is diagnosed and age at the time of diagnosis. Earlier diagnosis and diagnosis at a younger age can improve survival odds.

Below is current median survival data for mesothelioma from the American Cancer Society[2]. Median survival is similar to an average – half the patients at each stage will not reach the survival time cited but half will live longer.

Stage Median Survival
I 21 months
II 19 months
III 16 months
IV 12 months

Consequently, if you have mesothelioma, you likely have enough time to see your mesothelioma lawsuit to conclusion, at least in California, but it is best to begin as soon as possible.

[1] Mortality multiple cause-of-death data from National Center for Health Statistics, National Vital Statistics System.

[2] American Cancer Society data 02/17/16

6 Questions for Your California Mesothelioma Attorneys

california mesothelioma attorneysYou and your family never heard of the term mesothelioma cancer. You and your family were not prepared for a mesothelioma diagnosis when it happened, you were not prepared for your doctor’s description of the reality of pain and suffering mesothelioma can cause, nor were you and your family prepared to seek legal advice from California mesothelioma attorneys.

Yet, here you are in a situation where you are juggling your emotions, thinking about your feelings of responsibility for your family’s well-being, and trying to come to grips with the next logical steps to consider.

At some point, you may decide you wish to seek some form of justice where the parties responsible for your asbestos exposure, and possibly another family members’ exposure, are held accountable so that no other innocent person can be victimized. You most likely will want to seek compensation that will help pay for the extremely expensive process of undergoing mesothelioma treatment as well as secure financial compensation for your family’s future well-being.

6 Must Ask Questions for Your California Mesothelioma Attorneys

You are at the point where you are ready to research and reach out to a California mesothelioma attorney. But where do you begin? The following six questions will help you, and your family, evaluate the California mesothelioma attorneys you have chosen to contact. The questions are designed to aid in your decision-making process by taking into consideration each firm’s level of experience, their track record in the field of asbestos litigation, and the cost and compensation involved in a mesothelioma lawsuit.

How old is your firm and how long have you been doing this?

One of the most critically important criteria you should seek in hiring a law firm specializing in mesothelioma is their experience and practice focus. The length of time a firm has been practicing asbestos litigation is critical. What is the law firm’s role in the history of asbestos litigation? Have they been practicing since the 1970’s when asbestos law was established and were they one of few pioneering law firms that helped create asbestos litigation?

In conjunction with the history of the California mesothelioma attorneys you are evaluating, is their practice focused on asbestos litigation? Does the firm practice mesothelioma-asbestos law exclusively? If they do not specialize in asbestos litigation, then that firm most likely is not experienced enough to guide you and your family through the complex process of going to trial or seeking settlement. They will not be equipped to answer all of the intricate questions about asbestos trusts, bankrupt defendants, and the dozens of other critical decisions you will need support in navigating.  No lawyer is an expert at everything- and like any other job, people get good at doing things by doing them repeatedly.

Will your firm represent me in court  and negotiate the settlements against the defendants?

This is absolutely critical. If the answer is no, then the law firm you are vetting is a case broker. Case brokers are simply lead generation specialists who often produce expensive television commercials and digital advertisements attempting to attract asbestos plaintiffs. Once a case broker has your commitment, they place your case with the highest bidding law firm who buys the case from them. Consequently, you are then passed off to a firm without having been given the time to research their qualifications, experience, and practice focus. Instead of choosing the most qualified firm for your representation, the choice is left up to the broker who has no moral obligation to seek the most qualified law firm.

How much will it cost me to investigate my asbestos claim?

California mesothelioma attorneys should never bill you for investigating your potential claim.  A consultation should always be free. The investigation process will include questions about you, about your family, and about your work history. This investigation will uncover the information that will help you lead to the next steps in the process if you have a legitimate claim.

How much will it cost for your firm to represent me?

You and your family should not work with a law firm that doesn’t work on a contingency fee basis. That means that the firm you hire to represent you and your family does not charge you an hourly fee. Instead the law firm is paid compensation only if a judgement is won in your favor or settlements are reached in your case.

How long do I have to file a mesothelioma lawsuit?

The law places time limits on how long a person can wait before filing a mesothelioma lawsuit. Once the deadline passes, it is too late to file a lawsuit. These time limits are called statute of limitations. Your right to pursue a claim or a lawsuit varies depending on where your asbestos exposure occurred and when you were diagnosed. There is a wide range of statute of limitations in the United States. California is one of the most stringent for victims often allowing only one year from diagnosis for a personal injury claim. A number of other states allow two to three years from diagnosis. It’s vitally important to obey these time limitations or you could lose the right to compensation.  Although California’s statute of limitations is stringent, the California court system is widely recognized as one of the most sympathetic to victims in the country.

How much compensation can I expect from my mesothelioma lawsuit?

Every case is unique, with a unique set of circumstances that influences the outcome and amount of compensation you and your family can expect. With that said, in most instances negotiations between the attorneys on both sides will inevitably yield mutually agreeable settlement amounts to be paid to you.  The goal of a settlement is to ensure you receive a fair amount of compensation as quickly as possible.

Mesothelioma Settlements

What is a settlement? When you reach a settlement with the defendants you are agreeing to a compromise between you and the guilty party(s) who knowingly exposed you to deadly asbestos. Settlements rarely if ever come with an admission of guilt from the responsible parties. The amount of your settlement will vary dependent upon a number of factors.

The advantages of a settlement include having quick access to settlement money to pay for your medical treatment costs as well as financial support for your family. In addition, you and your family will not have to go through the complicated, often long, and invariably painful process of trial.

Going to Trial with California Mesothelioma Attorneys

If it is justice you seek, in the form of holding the people and organizations accountable for your asbestos exposure, in a public forum then you may wish to go to trial seeking a verdict.

Trials come with risks not associated with a settlement. In most cases, trials take longer to complete than settlements. Because of the unpredictability of court proceedings, trials come with additional risks. Depending upon the circumstances of your case, you have the chance of losing when the verdict is returned. If you lose at trial, you and your family will not receive any money or compensation from trial defendants.  The compensation that you deserve will be lost. The best and most experienced California mesothelioma attorneys understand the risks and will help you understand those risks before you make the decision to move forward with a trial.

California Mesothelioma Attorneys at Kazan Law

Since our founding in 1974, Kazan Law has represented thousands of people suffering from asbestos related illnesses, particularly mesothelioma. Our firm was built upon asbestos litigation and after four plus decades we remain dedicated and focused on representing people harmed by asbestos exposure.

Among our principals are pioneers in asbestos litigation­. As a pioneering law firm in the field, we are the most experienced mesothelioma attorneys in California. We have unparalleled expertise and involvement in asbestos bankruptcy reorganizations and asbestos bankruptcy funds.

You will receive the personalized service and expertise you and your family deserve through our staff of more than 80, including 25 attorneys and a team of paralegals and professional investigators. We pride ourselves on the fact that Kazan Law excels in complex litigation involving, catastrophic asbestos cancer  and personal injury.

 

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Kazan Law Interviewing Marketing Specialist

marketing specialistKazan, McClain, Satterley & Greenwood are nationally recognized pioneers in asbestos litigation since the 1970s. Currently we are seeking a Marketing Specialist to serve as the primary internal point of contact for all marketing related to firm activities and personnel.

The Marketing Specialist will work in our Administration department, report to the Managing Partner, and assist the firm’s management in its overall marketing program.

DUTIES & RESPONSIBILITIES

  • Assists in the development of marketing best practices and processes.
  • Continue to improve processes and procedures to create efficient systems and deliver high quality work product, ensuring the department operates efficiently and effectively.
  • Develop and maintain accurate, current database(s) of clients, experts, industry and referral sources.
  • Develop and improve the reporting of statistical information related to effectiveness of marketing efforts.
  • Acts as liaison with external vendors and other advertising and web providers.
  • Develop and maintain relationships with past and present clients.
  • Provide in-house video and still photography as needed.
  • Develop and maintain client newsletter and law firm brochures.
  • Initiate and produce video and text content regarding case work and legal developments.
  • Create content for use on all social media platforms with focus on SEO.
  • Acts as liaison between Intake and External marketing.
  • Develop speaking/networking opportunities to further marketing goals.
  • Speech writing.
  • Other duties as may be assigned.

SKILLS & QUALIFICATIONS

  • Ability to communicate effectively orally, in writing and in person; interviewing skills a must.
  • Must be able to demonstrate initiative due to time-sensitive nature of work.
  • High level of project management skills.
  • Ability to establish and maintain effective working relationships with Partners, attorneys, and other firm staff.
  • Must be able to demonstrate a high degree of professional judgment around sensitive and confidential issues.
  • Ability to organize, document and prioritize a large amount of details.
  • Ability to multi-task.
  • Knowledge of office and record keeping methods, practices and procedures.
  • Ability to adhere to prescribed routines and practices.
  • Demonstrate competence with both still photography and video photography from creation to editing to finished product.
  • Ability to create reports with accuracy.
  • Must be able to demonstrate flexibility in regard to willingness to perform the many duties of the Marketing Department.

SUPERVISORY RESPONSIBILITY

This position has no supervisory responsibilities.

TRAVEL

This position may require occasional travel.

OTHER DUTIES

Please note this job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee for this job.  Duties, responsibilities and activities may change at any time with or without notice.

Interested candidates should send a resume to the attention of the Human Resources Manager at HRM@kazanlaw.com.

Equal Opportunity Employer

Kazan, McClain, Satterley & Greenwood provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, Kazan, McClain, Satterley & Greenwood complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.

How to Hire California Mesothelioma Lawyers

california mesothelioma lawyersCalifornia mesothelioma lawyers are among the most experienced expert advocates for mesothelioma victims in the United States.  California mesothelioma law firms like Kazan Law helped set the standard for mesothelioma law. They continue to set precedents and win major victories for their clients.

If you are trying to find mesothelioma lawyers who are the most likely to help you win the greatest amount of money damages for your case, you should consider hiring California mesothelioma lawyers.  California laws often allow you to file a case with a California mesothelioma lawyer even if you do not live in California and the companies you intend to sue are not based in California.

Why California Mesothelioma Lawyers Are the Go-To Experts

Mesothelioma is a life-threatening illness with only one cause – exposure to asbestos.  Mesothelioma victims stand a good chance of receiving a substantial financial award if their case is handled by a good mesothelioma lawyer.

Mesothelioma victims most likely were exposed to asbestos on the job or through asbestos dust brought home by a family member who worked with asbestos. In nearly all cases, mesothelioma victims were exposed to asbestos without their knowledge or consent. Who would knowingly allow themselves to be exposed to a substance that can cause a cancerous disease like mesothelioma?  But each case requires substantial proof and evidence.

At first, mesothelioma cases were handled by personal injury lawyers.  California mesothelioma lawyers were among the first to recognize that the complexities of asbestos exposure resulting in mesothelioma demanded a niche law specialty all its own.

Because mesothelioma symptoms can take 10 to 50 years to emerge, a mesothelioma victim often needs help determining and proving which mesothelioma manufacturers and/or distributors may be held liable. It takes knowledgeable experienced mesothelioma lawyers to know how to do this and bring a solid case forward. California mesothelioma lawyers know where to look.  They know which companies manufactured and installed asbestos even if they are no longer in business and which ones have victims’ trust funds.

Having experienced successful California mesothelioma lawyers fighting on your behalf can make a huge difference.  Steer clear of personal injury attorneys without mesothelioma experience and work only with lawyers who specialize in mesothelioma.

How California Mesothelioma Lawyers Save You Money

You may think that you can’t afford California mesothelioma lawyers’, like Kazan Law, with impressive track records of court wins and decades of experience. The opposite is true. You can’t afford not to work with them.

The best California mesothelioma lawyers:

  • Do not charge for your initial consultation
  • Will free of charge do all necessary research to determine whether you have a case
  • Will not take your case unless they believe they can win it for you
  • Will not charge you a penny unless they win your case
  • Will arrange medical liens for you so you can receive all the medical treatment you need
  • Will review all your medical bills to eliminate excess charges and help you keep more of your settlement

California mesothelioma lawyers win some of the biggest financial awards in the nation.  Choosing a mesothelioma lawyer is one of the most important decisions you will ever make for yourself and your family. This is one instance where it makes sense to go with the best.

Ways to Find the Best California Mesothelioma Lawyers

Retaining the best mesothelioma lawyer is vital to not only winning your case but also to winning it with the most substantial award possible.  Finding the best lawyer for your case can seem like an overwhelming task if you are not feeling well and are undergoing medical treatment. But do not put off finding the best mesothelioma lawyer possible.  Consider asking a family member or friend to help you research this important matter.  You need to carefully review the qualifications and recent achievements of any mesothelioma lawyer you are thinking about hiring before making any kind of commitment.

Here are several suggestions:

Check with former co-workers: If you have received a medical diagnosis of mesothelioma, it is probable that some of your co-workers from the job where you were exposed to asbestos have mesothelioma too.  They may already be working with a lawyer with whom they have filed a lawsuit. If they are pleased with their lawyer and how their lawsuit is progressing, that could be a lawyer to consider.

Check the website Nolo’s California listings:  Since the 1970s’, the company Nolo has been providing the public with consumer-friendly legal advice and documents.  In their online listings, they include lawyers’ educational backgrounds, qualifications and legal specialties. Click on their California listings, to find California mesothelioma lawyers.

Check lawyer rating lists:  Some of the best people to rate lawyers are other lawyers.  Anyone can buy advertising but recommendations by one’s peers are harder to come by and  likely to be more accurate. Lists of the best lawyers published online and in print by Super Lawyers, Best Lawyers and US News and World Reports Best Lawyers can help you find the best California mesothelioma lawyers.

Research lawyers online:  Be warned that the moment you type the words “mesothelioma” and “lawyer” into an online search, you will be bombarded with aggressive ads making big promises. Unfortunately, many of these ads may be placed by brokers who are hired to fish for clients by lawyers too unaccomplished to attract clients on their own merits.

How do you cut through all the promotional ads to find the best mesothelioma lawyer?  Review the website of each mesothelioma lawyer and mesothelioma law firm carefully. Look for thorough information sensitive to the needs of mesothelioma victims and their families. Check the firm history, background and track record of successful cases.  This information should all be there for you to see.  The best California mesothelioma lawyers provide it.

 

 

 

 

 

 

 

Kazan Law Band Wins Law Rocks San Francisco, Supports East Bay College Fund

East Bay College Fund

(L-R) Ted Pelletier,, Jordan Varona, Rachel Berkness, Bryce Hodge, Ny Kundidzora, Joe Nicholson

Verdicts, torts and…rock and roll?  Yes if it’s Kazan Law and it’s a chance to rock out for a good cause. On May 19, Kazan Law’s own house band The Substantial Factors competed, and won, in the Law Rocks San Francisco battle of the bands. In the process, they raised funds for East Bay College Fund, an Oakland-based nonprofit helping local public school students turn their dreams of a college education into reality.

The Substantial Factors  consists of Kazan Law partner Ted Pelletier (keys); associate Joe Nicholson (guitar); associate Rachel Berkness (vocals); paralegal Nyaradzo Kundidzora (vocals); legal assistant Jordan Varona (bass) and video-editing consultant Bryce Hodge (drums). In their first ever competitive performance, the band played at The Great American Music Hall in downtown San Francisco, with Diane Dodge from the East Bay College Fund on hand to explain a bit about that organization’s work and to give the group a rousing introduction.

East Bay College Fund

(L-R) Jordan Varona, Bryce Hodge (background), Rachel Berkness, Ny Kundidzora

In total, eight bands drawing from Bay Area law firms participated. Each group’s overall score was determined by fundraising and ticket sales before the event, audience votes, and a panel of professional judges. At the end of the night, The Substantial Factors  were named the winners and received a “platinum” record plaque. Kazan Law is particularly proud of this victory because each and every one of our talented band members are not professional musicians, but full-time legal professionals. And because the Law Rocks competition was a great opportunity to raise money for and awareness of East Bay College Fund.

Raising Money for the East Bay College Fund

The funds raised by Kazan Law and The Substantial Factors will help the East Bay College Fund continue to provide college scholarships, mentoring, and support networks to help young people reach their full potential.  More than providing scholarship funds, the East Bay College Fund puts a lot of effort into helping give kids the tools they need to stay in college and graduate.

Law Rocks, whose motto is “Rock Globally, Give Locally,” raises funds for local nonprofit organizations by combining the power of music and the generosity of the global legal community. The organization holds annual battle of the bands like the one in San Francisco in a variety of cities across the world including London, New York, Sydney, and Dubai.  Kazan Law and The Substantial Factors  are proud to be the winners of the 2016 Law Rocks San Francisco competition, and look forward to competing next year. The group will also perform at “Banding Together,” a fundraiser for the Family Violence Appellate Project, on June 15 at 1015 Folsom in San Francisco.

How Do Mesothelioma Settlements Work?

mesothelioma settlementsIf you have a mesothelioma diagnosis, you probably have a legal claim against the corporation or corporations that caused your mesothelioma. At some point after you hire an asbestos attorney and file your lawsuit, your lawyer will probably engage in mesothelioma settlements negotiations with some or all of the companies you are suing. Mesothelioma settlements can be quite large

Most Lawsuits End with Mesothelioma Settlements

Mesothelioma settlements are the most common outcome for people who file lawsuits to recover damages for their asbestos-related illness. This mirrors a trend in the legal world at large: the vast majority of lawsuits of all kinds settle before going to trial. Trials make news headlines and exciting TV shows, but settlements make more sense for most plaintiffs.

While jury verdicts are often larger than settlements, they may be reduced on appeal. And of course, no case is a sure winner at trial, some are lost! Trials can take months or even years and that’s time that most mesothelioma patients don’t have. Mesothelioma settlements are often paid more quickly than jury verdicts, so funds can be available to help with mesothelioma care.

How Much Are Typical Mesothelioma Settlements?

One of the reasons that corporations prefer to a settle lawsuit rather than going to trial is that settlement agreements are almost always confidential. The corporation agrees to pay a certain amount of money and, in exchange, you and your lawyer agree not to publicly reveal the amount of the settlement. For this reason, it is hard to give a specific amount for typical mesothelioma settlements.

At Kazan Law, we have decades of experience negotiating mesothelioma settlements. While juries may award plaintiffs with mesothelioma more than they would get in a settlement, settlements can also run in the tens of millions of dollars.

What Factors Affect Mesothelioma Settlements?

Mesothelioma settlements are the result of negotiations between your lawyer and the defendants. When considering whether it makes sense to settle your mesothelioma lawsuit or bring it to trial, you and your asbestos attorney will want to consider several factors.

The first and most important is whether the defendant is willing to negotiate in good faith and to make a reasonable offer. If a corporation refuses to acknowledge its responsibility, a jury trial may be the only way to get the compensation you deserve.

Another important factor is the strength of your case. For example, let’s say that you have named two defendants in your lawsuit: Corporation A and Corporation B. You worked with Corporation A’s products for 12 years repairing machinery in a boiler room where its asbestos insulation was used. Corporation A has been named in other asbestos lawsuits; a number of workers have developed mesothelioma or other asbestos diseases. In fact, one of your former coworkers who used Corporation A’s productsalso has mesothelioma. Your case against Corporation A is strong. You are likely to win at trial against Corporation A. You may decide to settle, but only if the defendant offers fair compensation for your illness.

Now let’s look at Corporation B. You only worked with its  products for three months, at many different sites and you worked around its asbestos only occasionally and for short periods of time  It is possible that your illness was caused or contributed to by your work with Corporation B’s products. However, the link is weaker.

With Corporation A and Corporation B, the strength of your case will affect the amount of the mesothelioma settlements. Your attorney will be able to demonstrate to Corporation A that he or she can present a compelling case to a jury. There is a strong likelihood that you would win a large verdict against Corporation A, so your attorney is more likely to be able to negotiate a large settlement amount with Corporation A. With Corporation B, your lawyer might advise you that a modest mesothelioma settlement is a better option than taking your case against Corporation B to the courtroom.

What is the Timing of Mesothelioma Settlements?

Settlement negotiations can begin almost immediately. However, many parties prefer to wait for the discovery process before considering mesothelioma settlements.

When you file your mesothelioma lawsuit, your attorney will conduct discovery, which is the process of demanding documents from the defendants and developing the facts of your case. The information that comes out in this phase of your lawsuit will help determine the size of mesothelioma settlements with the different defendants.

The timing of settlements varies widely, depending on the willingness of both sides to settle the case and what type of mesothelioma settlements are offered. Some cases settle within a few months. Some may settle the day the case is scheduled to go to trial. This is known as settling on the courtroom steps – and that is sometimes where settlement agreements are reached. Some cases may even settle in the middle of the trial.

One of the most important factors for you to consider about mesothelioma settlements is your health and your energy level. If you can reach a just settlement and end your case early, you can focus on what is really important: your health and your loved ones.

A Beginners Guide to Mesothelioma Law

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

Mesothelioma Law in California Not Limited to Californians

Also important to know is that mesothelioma law in California can be open to anyone suffering from mesothelioma. The laws are structured so that you do not have to be a California resident to file a mesothelioma lawsuit here.  Nor do the companies named in your lawsuit have to have offices or businesses here.

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

California’s Mesothelioma Law Favorable Statute of Limitations

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

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

3 Facts to Remember About California Mesothelioma Law

California is on your side. Here’s why:

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

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

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

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

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

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

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

Mesothelioma Law:  A Triumph over Adversity

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

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

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

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

 

 

 

 

 

 

 

 

 

3 Reasons to Hire California Mesothelioma Lawyers

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

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

Why Choose California Mesothelioma Lawyers, Not Ordinary Personal Injury Lawyers

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

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

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

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

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

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

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

Hire Real California Mesothelioma Lawyers, Not a TV Pitchman

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

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

California Mesothelioma Lawyers and California’s Favorable Laws

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

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

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

 

 

 

 

 

 

 

What Your Mesothelioma Attorneys Should Do For You

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

Choosing the Right Mesothelioma Attorneys For Your Case

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

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

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

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

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

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

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

What Your Mesothelioma Attorneys Will Provide You

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

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

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

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

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

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

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

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

Over more than 40 years, the esteemed mesothelioma attorneys at Kazan Law have obtained hundreds of millions of dollars for thousands of people hurt by this dreadful disease. To learn more about your legal rights, visit us at kazanlaw.com or call for a free legal consultation today at 888-887-1238.

 

 

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

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

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

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

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

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

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

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

 About the Kazan McClain Partners’ Foundation

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

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

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

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

We have also funded scholarships and stipends for youth at:

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

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

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

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

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