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

Posts by: Steven Kazan

Asbestos Contamination Danger in Oregon

asbestos contamination

Asbestos contamination now may be endangering the lives of many residents of Portland, OR in a frightening situation uncovered by Portland’s Oregonian/Oregon Live media. Seemingly reckless demolition of many older Portland homes without first safely removing their asbestos content may be releasing tons of asbestos dust into the air, the news account alleged.

The dangerous situation came to public attention when local health and environmental authorities were notified by a Portland resident. She became alarmed when she noticed clouds of dust caused by workers demolishing a nearby home. The workers were not wearing protective masks. The neighbor feared the demolition was releasing asbestos contamination into the air, endangering her family, surrounding neighbors and the workers.

Asbestos Contaminated Homes Not Inspected Before Demolition

Asbestos contamination is occurring frequently in Portland, the media investigation suggests, because of lax rules for demolition permits. There is also a reported lack of inspectors to check for asbestos contamination prior to demolition if homeowners or construction contractors asked them to, which they apparently don’t.

About 750 Portland homes were demolished from 2011 to last year but only 25 asbestos inspections were performed by the regional environmental quality office covering Portland, according to the media reports.

During that time, the Portland office was allotted one position for a full-time asbestos inspector but left the position vacant.

“Contractors have routinely failed to address the presence of asbestos when demolishing homes,” media analysis reported.

It is unknown how many people may have been exposed to hazardous asbestos contamination from the demolitions. Some may not have even realized that they have breathed in toxic asbestos dust and if they become ill years later, they may not know it was caused by this exposure.

Asbestos Contamination Occurs Because of Inadequate Fines

According to the media investigation, asbestos contamination most likely occurs in Portland because the fines the city charges for neglecting to remove asbestos are inadequate. Infill pressure on development in Portland is at an all-time high and old homes are being knocked down at a rapid rate to make way for new ones raising the risk of asbestos contamination.

Because of Portland’s booming real estate market, the profits to be made selling a newly renovated house far outweigh the current fines for not removing asbestos before demolishing the old structure – if the property owner is even caught. If there is no inspection and the property owner is not caught, then the real estate profit is even greater since they avoid losing valuable construction time, avoid the expense of asbestos removal, and the fine for not removing it.

In the instance that brought the problem to light, a real estate broker hired workers to raze a home built in 1908. Five workers, dressed in regular clothes, were reportedly covered in asbestos contaminated dust during the demolition. When a worker complained about the possible asbestos risk to his employment agency, the real estate broker supposedly had the one wall he knew did not contain asbestos inspected by the agency. A subsequent state inspector was more thorough and discovered that materials throughout the house had asbestos contamination rates of six to 50 percent.

The state environmental agency fined the real estate broker $16,000 which was later reduced to $8,000. Property records show that the broker sold the house for $675,000. He had purchased it for $350,000 the previous month. A local licensed asbestos contamination removal contractor told the media that he would have safely removed the asbestos-containing flooring and insulation from the home for $2,500. The real estate broker appears to have preferred to risk the workers’ lives rather than pay that amount.

This real estate broker may now be facing criminal charges due to the publicity the media investigation has generated. But there are likely many more contractors like him who may have been doing the same thing.

Asbestos Contamination Exposure Kills

Asbestos contamination exposure can be lethal. If materials containing asbestos are disturbed, tiny asbestos fibers are released into the air. When these asbestos fibers are inhaled, they may get trapped in the lungs and remain there for a long time. Over time, these fibers can cause scarring and inflammation. This can affect breathing and lead to the development of fatal cancers.

Asbestos has been classified as a known human carcinogen (a substance that causes cancer) by the U.S. Department of Health and Human Services, the EPA, and the International Agency for Research on Cancer. Studies have shown that exposure to asbestos may increase the risk of lung cancer and mesothelioma, a fatal cancer of the cells in the membranes that line the chest and abdominal area. Mesothelioma, the most common form of cancer associated with asbestos contamination, can take years to develop. By the time symptoms emerge and a diagnosis is made the disease has become advanced. The scientific consensus is that there is no safe level of exposure to asbestos.

Portland Slow to Act on Asbestos Contamination

Asbestos contamination concerns over demolitions have been an issue in Portland for several decades. Environmental officials have been aware since the 1980s that simply telling contractors to remove asbestos before a demolition is insufficient to make sure that it actually gets done.

Lawmakers rejected the Department of Environmental Quality’s plea for a law requiring asbestos inspections. The environmental quality agency tried again to address this issue 13 years later and almost succeeded. In 2002 it passed its own regulation requiring asbestos inspections before demolition. But about four months later, caving to industry complaints, the agency’s governing board abolished the regulation.

That will change soon. A bill to require asbestos inspections was passed by the Oregon Legislature this year and is slated to take effect in January.

At present, there is not much access to data about homes and asbestos contamination for prospective home buyers, renters or workers to rely on. The Department of Environmental Quality may know based on the address whether or not a specific home has had asbestos removed. But because in Portland contractors have not had to submit an asbestos inspection report before a demolition, the environmental agency has no way of knowing whether a contractor actually checked for asbestos.

While responsible contractors and knowledgeable homeowners exist who learn and act accordingly to mitigate risks of asbestos contamination, the article suggests that ignorance, deceit, and lack of Department of Environmental Quality compliance inspectors allows irresponsible people to act unconscionably and risk causing the deaths of innocent people.

7 Signs Your Asbestos Law Firm is Ineffective

Asbestos law firmIf you have mesothelioma or another asbestos disease, choosing a good asbestos law firm may be the most important decision you make. An experienced asbestos lawyer will understand all the issues involved in your asbestos lawsuit and work hard to win you fair settlements.

If you have already selected an asbestos law firm but you are not sure the firm is handling your claims well, here are seven signs that your lawyers may not be making your case effectively.

7 Signs Your Asbestos Law Firm is Ineffective

1. Your Lawyer Hands Your Case Off to Another Firm

Some asbestos law firms are actually just case brokers. They fill the Internet with glitzy websites and ads promising great outcomes for people suffering from mesothelioma or other asbestos diseases. After they take your case, they pass it on to the asbestos lawyer who pays them the highest commission for the referral, not the best firm to represent your interests. One rule of thumb: if a firm puts more effort into its website than it does into representing its clients, steer clear.

2. Your Lawyer Doesn’t Pursue All Avenues of Compensation

Seeking compensation for clients with mesothelioma is not just about filing a lawsuit. You may also be entitled to file a claim with asbestos trust funds or receive military disability benefits because of exposure to asbestos while you were in the armed services. An experienced asbestos lawyer will look for every possible way to secure the compensation you need to support you and your family through your illness.

3. Your Lawyer Doesn’t Do a Thorough Investigation

When you are dealing with asbestos disease, the last thing you need is a pile of extra work dropped on you. Top-notch asbestos law firms employ investigators who will research your work and life history and determine which corporations are liable for your asbestos exposure and subsequent illness. You deserve a lawyer who will take the burden off you and build a great case for you.

4. Your Lawyer Pressures You to Settle Quickly

Some asbestos cases do settle quickly, for appropriate amounts of money. More often, however, corporations will push back. Some may offer lowball settlements soon after you file your lawsuit. This is basically “go away” money. A good asbestos law firm may be able to get you a much higher amount once both sides have exchanged documents (the discovery process). In this process, evidence of the corporation’s role in your asbestos exposure and of its knowledge of the toxic nature of the mineral can come to light. If your lawyer pressures you to settle quickly for less money than you were expecting with any defendant who played a significant role in your asbestos exposure, you may want to get a second opinion.

5. Your Lawyer Refuses to Settle

Negotiating a legal settlement is a delicate dance. Defendants want to pay the smallest amount they can to avoid going to trial. Plaintiffs want to get the highest amount they can without having to go through a trial. Because trials are expensive and risky for all sides, more than 80% of asbestos lawsuits end in settlements. An experienced asbestos attorney will understand the value of your claim against each defendant and be able to guide you to a rational decision so you can accept the best settlement offer. If your attorney pushes so aggressively that it forces your case into trial, he or she may lack essential skills or not have your best interests at heart.

6. Your Lawyer Doesn’t Return Your Calls

If no one at your asbestos law firm has time to return your calls, then the firm may have taken on more cases than its lawyers can handle. You deserve an asbestos attorney who has the time to listen and respond to your concerns, answer your questions, and work with you to get the best outcome for your asbestos lawsuit. Personal attention is one of the signs of a high quality asbestos law firm.

7. Your Lawyer Makes Decisions Without Consulting You

This can be a sign that your asbestos lawyer has too many cases on his docket or that she thinks your opinion is not important. While an experienced asbestos lawyer will be able to provide you information to help you navigate the legal process, you should remain in the driver’s seat. No amount of experience or knowledge can trump your right to decide what is best for you.

Finding and choosing an experienced asbestos law firm with a track record of winning fair settlements and jury verdicts for its clients can take time. That time is one of the best investments you can make at this time in your life. It may mean a difference of hundreds of thousands or even millions in the amount of compensation you are able to recover. A bit of extra time to carefully vet the law firm you choose can also save you headaches further down the road.

Mesothelioma Veterans Benefits Offered by the VA

Mesothelioma Veterans BenefitsMany of the people who suffer from mesothelioma, asbestos-caused lung cancer, or another disease related to asbestos exposure were exposed to toxic levels of asbestos during their military service. If you have been diagnosed with mesothelioma and you are a veteran, you could be eligible for mesothelioma veterans benefits and disability.

Avenues of Asbestos Exposure in the Armed Forces

From the 1930s through the 1990s, the US Armed Forces used large quantities of asbestos in its facilities. Service members involved in building construction, renovation, or demolition are particularly likely to have encountered harmful levels of asbestos. Pipe fitters, welders, those involved in vehicle repair, and boiler operators also bear special burdens of risk.

Vietnam veterans have developed mesothelioma and other asbestos diseases because the material was widely used in construction and transportation during that conflict. Veterans who served in more recent wars in the Middle East may also have been exposed to asbestos through toxic particulate matter released by burning materials and desert dust containing unknown contaminants. Because mesothelioma can take as much as 50 years to manifest, there may be many more veterans affected in the years to come.

While service members may have been exposed to asbestos in any branch of the military, veterans of the US Navy – may be the most likely to have come into contact with toxic levels of asbestos. Navy personnel may have encountered asbestos on many types of vessels and in many different locations, particularly:

  • Ship Construction: If you worked in a naval shipyard between the 1930s and the 1990s, you are likely to have been exposed to airborne asbestos fibers, as the mineral was used in many areas of ship construction.
  • Shipside: The atmosphere below decks in Navy vessels, at least until the 1990s, may have been contaminated with asbestos due to inadequate ventilation. Crew members were also exposed to airborne asbestos fibers if they removed, repaired, or otherwise handled materials containing asbestos in the engine rooms.
  • Onboard: Any personnel who served on ships with keels laid before 1983 may have been exposed to asbestos, according to the Department of Veterans Affairs.

Because of the amount of asbestos exposure military personnel received, particularly those who served before 1990, it’s a good idea to have regular checkups and monitor your lung health for early signs of mesothelioma or other asbestos diseases. Early diagnosis and treatment can improve your prognosis if you do become ill with mesothelioma.

Establishing the Connection Between Your Service and Mesothelioma

If you have been diagnosed with mesothelioma, you may have been exposed to asbestos in more than one place throughout your life, including during your military service. It is impossible to determine exactly which exposure is responsible for your illness. Most people with mesothelioma pursue multiple avenues to receive the compensation they deserve. This can include a lawsuit against manufacturers, suppliers, installers, distributors as well as filing claims with asbestos bankruptcy trusts, and filing a claim with the Veterans Administration.

To establish the connection between your time in the armed forces and your illness, you will need to document the times and places where you served and the duties you performed, as well as your age at the time of service. The length of time you were exposed to asbestos during your military service is one of the factors the VA will look at in determining your eligibility for benefits and disability. In addition, the younger you were when you were exposed to asbestos, the greater your chances of developing mesothelioma or other asbestos diseases.

An experienced asbestos attorney can help you put the facts together and build your case in court and versus the asbestos trusts. Most asbestos lawyers will assist you on a contingency fee basis, so you don’t have to pay any money up front for their assistance. It can be helpful to have an ally who has been through the process many times, to work with you to build a successful claim. Kazan Law has a decades-long track record of helping clients get the mesothelioma benefits they deserve. In addition, the work they perform can be used by you to acquire additional benefits through the Veterans Administration.

Mesothelioma Veterans Benefits from the Veterans Administration

The Veterans Administration (VA) provides health and disability benefits to veterans who are ill and/or disabled due to their military service, as long as they received an honorable discharge.

Once you have established that your military service is a likely source of the asbestos exposure that caused your mesothelioma, you can receive treatment at any VA healthcare facility. The VA has healthcare facilities in all 50 states and several US territories. You will also be eligible to travel to receive treatment from mesothelioma specialists working at VA hospitals.

If the majority of your asbestos exposure occurred during your military service, you may be able to collect disability. The VA considers veterans with mesothelioma to be 100% disabled. This can be a crucial support for you and your family during a stressful time.

The amount of your disability payment will depend on whether you are single or married and whether or not you have dependents. For those with 100% disability, monthly payments start at $2,906.83. For more information on VA disability payments and rates, visit http://www.benefits.va.gov/COMPENSATION/types-disability.asp.

Asbestos Legislation H.R. 526 & S.327 Will Thwart Justice For Asbestos Victims

asbestos legislationA new asbestos legislation proposed to Congress – “Furthering Asbestos Claim Transparency Act” of 2015 – would limit, or greatly slow down, the ability of asbestos trusts to compensate victims by instituting additional requirements for filing and reporting claims.

We at Kazan Law vehemently oppose this asbestos legislation (H.R. 526 and S. 357), as we do all efforts to hijack the rights of injured workers and their families. Please join us in our fight to defeat this horrendous campaign.

The Facts Behind Asbestos Legislation H.R. 526 and S. 357

The H.R. 526 F.A.C.T. Act was introduced in the U.S. House of Representatives by Rep. Blake Farenthold of Texas (R-TX-27) on January 26, 2015; A similar bill, S. 357, was introduced at the Senate level by Senator Jeff Flake (R-Ariz.) on February 4, 2015. Both bills are currently assigned to the House Judiciary Committee.

The F.A.C.T. Act is sponsored by Republicans in the House of Representatives and Senate. It is also supported by the United States Chamber of Commerce, which listed the bill as one of their top legislative priorities of the 114th legislative session.

H.R.526 & S.357 would require asbestos trusts to publicly disclose information about the settlement terms between trusts and claimants. The information requested and publicly disclosed may include a victim’s name, address, date of birth, last four social security digits, information about children and spouses, employment history, salary history, information about their medical condition, and personal finances.

Interestingly, the corporate defendants would not be subject to similar requirements.

The F.A.C.T. Act – A Trojan Horse Based On A False Premise

On the surface, H.R. 526 & S. 357 appear to be full of good intent, seeking to protect the asbestos trusts against fraudulent claims. However, nestled within the fine print is the ultimate, ulterior motive: To slow down the judicial process.

This isn’t the first time corporate defenders have attempted to make an end run to avoid a claimant’s hard fought compensation. The premise of this particular asbestos legislation is the notion that asbestos trusts are at risk of fraud and “double dipping” by claimants. Which is simply untrue.

There is, in fact, no evidence of any general or systemic fraud with respect to asbestos trusts.  In 2011, the Government Accountability Office investigated possible frauds in the Asbestos Victim Trusts and could not find one example of a fraudulent claim. Besides, there are already safeguards within the trust system to guard against fraudulent Trusts claims, and reject claims that do not meet their burden of proof. Once this burden of proof is met, a claimant/victim is deemed eligible for a settlement.

Asbestos Legislation that Promotes Deadly Delay

However packaged, the F.A.C.T. Act has little to do with transparency; it is yet another strategy by defendant asbestos corporations to avoid responsibility for the deaths and injuries of tens of thousands of Americans caused by their products.

It’s all about prolonging the process. For a corporate defendant, the longer a claim is delayed, the better.

This is because, sadly, the majority of mesothelioma patients will fall ill and die within 6 to 18 months after being diagnosed. In California, if the asbestos victim dies before the case is complete, the corporate perpetrators are exempt from paying for pain and suffering endured; the victim’s family receives far less in overall compensation.

Needless to say, if claimants are now required to extensively disclose personal information, this will take additional time. Even the asbestos trust representatives are opposed to this legislation due to the burdensome administrative costs that would be associated with the additional reporting and compliance requirements.

The longer a case is delayed, the greater the chance the victim will die before the final verdict.

Additional Flaws With The F.A.C.T. Asbestos Legislation

  • Privacy and Identity Theft Risks To Victims: Forced to publicly release the personal information of sick and dying victims, asbestos trusts would unwittingly expose these patients to identity theft and other frauds.
  • Expense & Resource Limitations: Trust representatives would need to spend tens of thousands of additional hours every year to compile the lists and respond to all information requests allowed by this legislation. These burdensome administrative costs would significantly reduce recoveries for future trust claimants.
  • Disproportionate Percentage of Veterans Affected: While veterans account for only 8% of our population, they represent 30% of all mesothelioma victims. A delay in justice would add insult to injury for those who served our country.

In sum, the F.A.C.T. Act would not only significantly delay and deny payments to asbestos victims and their families; it would also require that victims publicly disclose detailed, personal information including medical and financial information.

No one dying from cancer should be forced by Congress to choose between protecting their family’s privacy and ensuring their family has some financial security when they are gone.

Besides, if transparency were truly the aim of the F.A.C.T. Act, the proposed policy would apply to both victims and defendant asbestos companies — but this is not the case.

Help Us Stop Asbestos Legislation H.R. 526 and S. 357

At Kazan Law, we are working hard to fight both F.A.C.T. bills currently before Congress. Won’t you please help us in our cause?

Please take a moment to write Congress by filling out the short form on the EWG Action Fund website.

If you are writing on behalf of an organization, please feel free to use this form letter:

 

The UC Hastings Center for Gender & Refugee Studies: A Matter of Life or Death

UC Hastings The UC Hastings College of Law – Center for Gender & Refugee Studies is one of several outstanding legal aid centers Kazan Law’s Foundation supports. We have supported the UC Hastings College of Law – Center for Gender & Refugee Studies for many years and are proud to do so.

Our firm’s foundation also supports multiple major research efforts dedicated to finding better ways to treat mesothelioma, the lethal cancer caused by asbestos exposure. However we also take seriously our social responsibility role both in our community here in Oakland and in the world around us. We are proud of our decision to support compelling causes such as the UC Hastings College of Law – Center for Gender & Refugee Studies.

How the UC Hastings College of Law – Center for Gender & Refugee Studies Saves Lives

Human trafficking, forced marriage, female genital cutting, honor killing, domestic violence, child abuse, incest, and rape. These are the unfortunate realties facing many women, children and other refugees in the world today who are desperately trying to escape gender-based violence and other forms of mistreatment and exploitation.

Like women and children, LGBT individuals are also subject to high rates of violence in refugee-producing countries. Nearly 80 countries around the world have laws criminalizing homosexuality, often with harsh punishments of prison and death.

The UC Hastings College of Law – Center for Gender & Refugee Studies advocates for refugees seeking asylum based on gender-based persecution and seeks asylum for those trying to escape it. At the same time, the Center works internationally to try to stop the epidemic of gender-based violence that forces people to literally run for their lives and face an unknown and uncertain future elsewhere.

“The UC Hastings College of Law – Center for Gender & Refugee Studies envisions a world where no one is subject to persecution because of his or her gender, age, sexual orientation, gender identity, or membership in a family or other social group,” their mission states. We are proud to help support this mission.

What the UC Hastings College of Law – Center for Gender & Refugee Studies Does

The UC Hastings College of Law – Center for Gender & Refugee Studies has utilized the funding they receive from our firm’s Foundation and other sources to help some of the most vulnerable and needy human beings on the planet.  Since 1999, this small organization has done ground-breaking work on behalf of refugees – primarily women and children — seeking asylum in the US.  The UC Hastings College of Law – Center for Gender & Refugee Studies provides training, technical assistance, and oversees litigation involving asylum cases based on domestic violence, human trafficking, the gender-based killing and mutilation of girls and other gender-based violence.

In addition to providing legal expertise and training, the UC Hastings College of Law – Center for Gender & Refugee Studies provides research, helps with court appeals and advocates for international human rights to address the root causes of persecution.

An Update from UC Hastings College of Law – Center for Gender & Refugee Studies

Recently, Kazan Law of Counsel Fran Schreiberg had the opportunity to hear about the UC Hastings College of Law Center for Gender & Refugee Studies. She attended an event that provided an update of their recent work. Here is what Fran reported to us:

Karen Musalo, founding director of the UC Hastings College of Law – Center for Gender & Refugee Studies and professor at UC Hastings, led the program.  She presented a video of an early interview by Ted Koeppel with a then-17 year old girl who fled Togo after a forced marriage to a man three times her age. The girl escaped with the help of her mother and sister to avoid female circumcision. Her case resulted in a precedent-setting decision from the Board of Immigration Appeals, the nation’s highest immigration tribunal. It established that women fleeing female genital cutting, and by extension gender-based persecution more generally, may be eligible for asylum in the United States. Musalo was the lead attorney on the case and the case was the catalyst for her founding of the Center for Gender& Refugee Studies at Hastings, a University of California law school in San Francisco.

She also showed an excerpt from a video that focused on the recent asylum case of a Guatemalan woman who fled extreme domestic abuse. After 15 years of remaining silent on the issue, on August 26, 2014, the Board of Immigration Appeals issued a precedential decision recognizing domestic violence as a basis for asylum, with the potential to affect immigrant women across the country. The Center for Gender & Refugee Studies assisted the attorney in this case with briefing and strategy and filed a friend of the court brief in support of the client. Now, for the first time there is a binding precedent to support domestic violence survivors who seek asylum protection in the United States.

The program continued with two young women who help staff the Center for Gender & Refugee Studies who discussed their inspiring work helping children who seek asylum to escape violence from gangs, their families, forced recruitment as child soldiers and other violations of their human rights. The Center for Gender & Refugee Studies staffers traveled to detention centers around the country to train and provide technical assistance to volunteer attorneys who come for a week to help defend these children at their hearings. The attorneys help the children by educating the hearing officers about the greater communication challenges for children and about forms and manifestations of persecution unique to children

It was very meaningful for us to learn about the significant work that has resulted in part from the Kazan Law Partners’ Foundation donations to the UC Hastings – Center for Gender & Refugee Studies.

 

 

 

Asbestos Exposure: The Deadliest States in America

asbestos exposurePrized for its fire retardant characteristics, asbestos was widely used in construction materials and as insulation starting in the late 1800s. Although their employees began to experience the toxic effects of asbestos exposure as early as the 1920s, many irresponsible corporations continued to use this toxic mineral for decades more.

Asbestos Exposure: the Basics

Asbestos is most likely to cause harm when it is disturbed. Tiny fibers become airborne and can lodge in the lungs, potentially leading to pleural mesothelioma, lung cancer, or other asbestos-related diseases. These diseases can take years or even decades to manifest, often appearing long after the time of exposure.

Welders, pipe fitters, construction workers, and ship builders, especially those who worked in those professions between the 1930s and the 1980s, are most likely to have been exposed to harmful levels of asbestos. Because asbestos was used in everything from drywall to cloth to cigarette filters, however, almost anyone could have come into contact with asbestos fibers.

States with Highest Asbestos Exposure

Residents of some states are more vulnerable to asbestos exposure than others. Former Rust Belt states like Illinois, Michigan, Ohio, New Jersey, and Pennsylvania were home to industrial operations that exposed many employees and their family members to asbestos. Detroit is famous as the birthplace of the auto industry and that industry used asbestos in brake linings and other car parts throughout much of the 20th century. Asbestos mines add to the exposure risk for Pennsylvania residents. Numerous companies that used asbestos had operations throughout the Rust Belt states.

One mine in Libby, Montana supplied vermiculite to manufacturing facilities across the United States for many years. Vermiculite is a heat-resistant mineral used in insulation and other products. While pure vermiculite is not known to be hazardous, the Libby, Montana mine also contained asbestos, so much of the vermiculite from Libby was tainted with asbestos. This exposed many people in Montana to grave health consequences with many residents eventually dying from asbestos exposure. The asbestos tainted vermiculite from Libby spread asbestos contamination to plants and processing centers across the country, and then on to consumers and workers.

The Johns-Manville Corporation, based in New York, was one of the first companies to find industrial uses for asbestos. Johns-Manville was the first company to file for Chapter 11 bankruptcy due to the volume of lawsuits by people who were sick with asbestos-related diseases. The Manville Trust was the first big asbestos trust established to secure payments for future victims of asbestos exposure. New York State was also home to other heavy industry and to shipyards that have sickened thousands of residents.

Florida was once home to several asbestos-processing sites. The state’s high rate of asbestos deaths may also stem from the fact that many people move there after retirement. Because mesothelioma and other asbestos-related diseases take so long to show up, more than half of the people diagnosed with these illnesses are over 65.

California has the highest number of deaths due to asbestos exposure each year. California residents may face an array of asbestos risks, from the shipyards along the coast and contaminated industrial sites. In addition, asbestos occurs naturally in the soils and in underground deposits in the state. Asbestos mining has led to the contamination of at least one entire town in California.

Texas has experienced a large number of cases of mesothelioma and other asbestos disease due to the popularity of asbestos as an insulating material in the state’s largest industry, the oil industry.

Although the population of Washington State is much smaller than California, New York, or Texas, the state has a high rate of asbestos disease. In addition to manufacturing and shipping, Washington’s timber industry and paper mills also served as sources of asbestos exposure. Washington residents also have the add-on risk of naturally occurring asbestos in their environment.

Asbestos Patients Find Relief

If you have been diagnosed with mesothelioma, asbestos-related lung cancer, or anther asbestos disease, you may be entitled to compensation. The corporations responsible for your asbestos exposure can be held to account through the legal system. Here’s the good news: no matter what state you live in and no matter where you were when you were exposed to asbestos, you can file a lawsuit against those responsible for your pain and suffering. You don’t even need to live in the same state where your lawsuit is filed.

You can also choose one of the top asbestos law firms in the country to represent you. More good news: that law firm doesn’t have to be located in the same state where you live either. At Kazan Law, we feel so strongly about getting recompense for people who are ill because of asbestos exposure that we travel to work with clients throughout the country. We have filed suit against corporations that negligently exposed people to asbestos on behalf of clients all over the United States.

 

Asbestos Trust Funds: Their Purpose and How to Get Your Compensation

asbestos trust fundsAsbestos trust funds, also referred to as asbestos bankruptcy trusts and asbestos compensation funds, are one of the sources of compensation for people suffering from mesothelioma or other asbestos diseases. Asbestos trust funds were created to ensure that corporations set aside enough money to compensate the people they exposed to asbestos.

A Short History of Asbestos Trust Funds

Johns-Manville, a corporation that has manufactured products such as insulation and roofing with asbestos since 1901, was the first large corporation to declare bankruptcy claiming asbestos litigation as the cause. By the early 1930s, the corporation’s employees were falling prey to an unusual amount of lung disease. People began to sue the company in increasing number over time, even as Johns-Manville continued to use asbestos in its products, exposing employees and construction workers to toxic levels of the mineral.

By 1982, Johns-Manville was facing so many individual and class action asbestos lawsuits that it filed for bankruptcy protection under Chapter 11. Chapter 11 of the bankruptcy code allows corporations to reorganize so they can stay in business.

After several years of bankruptcy and civil litigation, in 1988 Johns-Manville placed the majority of the corporation’s assets into a fund to pay victims with asbestos-related diseases caused by the its products. This fund, the Manville Personal Injury Trust Fund, was the first big asbestos trust fund. It is still paying claimants today.

Section 524(g) of the U.S. Bankruptcy Code was enacted to encourage corporations to establish well-funded asbestos trust funds such as the Manville Fund, rather than waiting until corporate assets were drained by litigation to reorganize under Chapter 11. About 60 corporations have followed this path to allow the business to remain viable in the face of massive liability for toxic asbestos exposure.

Filing a Claim With an Asbestos Trust Fund

If your illness was caused by a company that has established an asbestos trust fund, you will need to file a claim with that fund for compensation. You may have claims against more than one fund, and or also non bankrupt companies, if you were exposed to asbestos by multiple corporations.

Before you can file a claim with an asbestos trust fund, you will need a confirmed diagnosis of mesothelioma or other asbestos-related disease from a qualified doctor approved by that fund. You will also need to document when and where the company’s products or actions exposed you to asbestos. Documentation may include a work history for you or a spouse or proof that you lived or worked in a building containing asbestos products made by that company.

While filing a claim with an asbestos trust fund is simpler than filing a lawsuit, it still requires paperwork that must be completed correctly. You can file the claim on your own but, as you can imagine, the assistance of an experienced asbestos lawyer can take a considerable burden off of you. A lawyer who has been through the process many times will know the ins and outs of filing a claim. He or she can do the preparation and investigation work to get your claim filed so you don’t have to expend extra effort at a time when your health is suffering.

Getting Compensation From an Asbestos Trust Fund

Asbestos trust funds were set up to compensate victims of asbestos exposure more straightforwardly than by forcing each individual to go to court. The process is much less contentious than filing a lawsuit. By setting up an asbestos trust, a corporation has acknowledged its culpability in exposing people to toxic levels of asbestos and has taken responsibility for providing compensation for current and future victims of asbestos disease.

Because of this, you can expect to receive your compensation more quickly than if you filed a lawsuit. It can take several months to gather the documentation needed and for the asbestos trust fund to process your claim. Once a claim is accepted, most claimants receive compensation within about two months.

For people who are very ill, such as those suffering from advanced lung cancer or mesothelioma, asbestos trust funds offer an expedited process, so victims can receive compensation more quickly. The trade off for expedited review is that the trust fund will offer a fixed schedule of compensation amounts for certain illnesses. These amounts tend to be lower than the amounts claimants may receive under the regular review process.

Once your claim has been approved and the amount of your compensation agreed, the asbestos trust fund may reduce the amount you receive. While some funds pay out 100% of the compensation owed to claimants, some pay only a percentage, as a way to preserve enough funding for future victims. Because asbestos-related illnesses often develop several decades after exposure, asbestos trust fund managers project how many more people they expect they will need to compensate in the future. Some funds pay as little as 1% but on average it’s about 25% of full value.

Another way that an experienced asbestos attorney can help you get the compensation you deserve from an asbestos trust fund is to negotiate a higher compensation amount, if you choose the regular (not expedited) claim review process. Compensation amounts depend on the seriousness of your illness, the amount of exposure you received from that corporation (for example, how many years you were exposed to the product), and the solvency of the trust fund. Payments for those with mesothelioma or other serious illness can be hundreds of thousands of dollars or more.

Kazan Law Experienced with Asbestos Trust Funds

Recognized by the Wall Street Journal as the country’s most important law firm in the asbestos bankruptcy arena, Kazan Law has the experience required to attain the best results for you and your family. We pursue all possible sources of compensation for our clients. If you have more questions about asbestos trust funds or other issues relating to compensation for your asbestos-related illness, please feel free to contact us.

 

Overview of Asbestos Exposure Lawsuits

asbestos exposure lawsuitsAsbestos is a toxic mineral that has been used in manufacturing for over a century, despite growing evidence of health risks. Exposure to asbestos can cause a variety of diseases, including lung cancer, non-cancerous lung diseases, and mesothelioma, a cancer of the lining around the lungs or other organs. If you have been diagnosed with an asbestos-related disease, you may be entitled to compensation from the corporations responsible for your asbestos exposure. To recover the compensation to which you are entitled, you will need to file an asbestos exposure lawsuit.

Getting Started With Your Asbestos Exposure Lawsuit

Choose the attorney to represent you in your lawsuit carefully. The difference between an effective experienced asbestos attorney and an under-qualified attorney can represent hundreds of thousands of dollars or millions of dollars in compensation.

You don’t have to file your asbestos exposure lawsuit in the same state where you live and your attorney does not need to be located in the same city, or even the same state as you. It’s a good idea to choose one of the top asbestos law firms in the United States to represent you. If your lawyer lives in a different city, he or she will travel to visit you; you will not need to travel in order to pursue your asbestos exposure lawsuit.

Most good asbestos lawyers will work with you on a contingency fee basis, so your lawsuit won’t cost you any money up front. Instead, your lawyer will receive a percentage of any settlement or judgment he or she wins for you. If you don’t recover any compensation, you won’t have to pay any legal bills.

Your attorney will start by investigating potential sources of your asbestos exposure. Asbestos disease can take 40 years or more to develop, so your asbestos attorney will review your places of employment and other potential exposure sites throughout your life. This will determine the appropriate parties to name as defendants in your asbestos exposure lawsuit. There may be just one or several defendants named in your suit.

The Asbestos Exposure Lawsuit Process

Once your attorney has determined whom to sue, he or she will file a lawsuit on your behalf. After the defendants have been served with the lawsuit, the discovery process begins. The defendants will request your medical and employment records. Your lawyer will ask for information from the defendants that will help determine what levels of asbestos exposure each company was responsible for.

Your asbestos lawyer will handle most of this process without the need for much input from you, other than your testimony at a deposition. Your job during this process is to stay home and take care of your health.

The length of time from when you file your lawsuit to the trial date can vary from a few months to over a year. The judge may agree to an expedited trial schedule if you are seriously ill. However, most lawsuits (about 80%) end in a settlement before trial.

Settling Your Asbestos Exposure Lawsuit

Some defendants, realizing that they have no chance of winning at trial, will settle early to reduce their legal expenses. Our clients often begin to receive settlement money within a few months after they file their asbestos exposure lawsuit.

Other defendants may contest their liability, claiming that your asbestos-related disease was caused by other factors than their corporate malfeasance. If evidence comes to light during the discovery process that these defendants were responsible for your asbestos exposure, they may take a different stance. At this point, defendants may become willing to enter into settlement negotiations to avoid a costly trial they are not likely to win.

On rare occasions, a defendant will refuse to settle and your asbestos exposure lawsuit may proceed to trial. Preparing for and going to trial can take weeks or months. Even if you win your case, the defendant may decide to appeal the verdict, which can stretch the process out even longer, delaying your compensation. However, jury verdicts tend to be larger than settlements (Kazan Law recently won a $27 million verdict for one client).

Key Factors to  Successful Asbestos Exposure Lawsuits

The purpose of filing an asbestos exposure lawsuit is to recover the compensation you are due from the corporations responsible for your exposure to toxic levels of asbestos that caused your current illness. The money you receive can help defray your medical expenses, cover lost wages, and allow you and your family to maintain your standard of living at a crucial time in all of your lives. Because this lawsuit is so important to your family’s future, it’s a good idea to do everything in your power to make sure you are successful.

The most important choice you will make is which asbestos law firm will represent you. An experienced asbestos lawyer, with a track record of winning settlements and judgments for clients just like you, can negotiate the best possible compensation for you.

 

 

 

FAQs About Asbestos Compensation Funds

FAQs About Asbestos Compensation FundsAsbestos compensation funds, also known as asbestos trust funds or asbestos bankruptcy trusts, are funds created when corporations that have exposed people to asbestos declare bankruptcy. If you have mesothelioma or another asbestos-related disease, you may be eligible for compensation from one or more asbestos compensation funds.

What Is an Asbestos Compensation Fund?

Some corporations, most notably the Johns Manville Company, have faced so many asbestos lawsuits, that they sought the protection of bankruptcy. Asbestos compensation funds are created and funded when corporations file for bankruptcy under Chapter 11, which allows them to reorganize and stay in business. U.S. Bankruptcy Code Section 524(g) mandates that these companies create asbestos trust funds to ensure that money is available to compensate future victims of asbestos-related diseases caused by their negligence.

The bankruptcy court works with corporations and asbestos attorneys to ensure that money is set aside in each asbestos compensation fund to cover all anticipated future claimants, to the extent possible based on each company’s assets. Since asbestos diseases can take decades to come to light, the asbestos compensation funds may continue operating for several more decades.

Can I File a Lawsuit Against a Company That Has an Asbestos Compensation Fund?

When negligent corporations file for Chapter 11 bankruptcy, they get protection from future lawsuits. You can, however, file a claim against that corporation’s asbestos bankruptcy trust fund.

How Much Money Do Asbestos Compensation Funds Have?

Currently, over $32 billion in assets is held by more than 50 asbestos compensation funds. The money in the funds is invested so, even as victims of asbestos-related diseases continue to be paid every year, the amount of funds available has risen over the past several years.

Who Is Eligible to Receive Compensation From an Asbestos Bankruptcy Fund?

If you have been diagnosed with mesothelioma, lung cancer caused by asbestos, or another asbestos disease, you are eligible for compensation. If one or more of the corporations that negligently exposed you to asbestos has an asbestos compensation fund, you may file a claim with that fund.

How Do I File a Claim With an Asbestos Trust Fund?

To file a claim and receive compensation from an asbestos compensation fund, you will first need a verified diagnosis with an asbestos-related illness. You will also need to document when and where you were exposed to asbestos by the company that created the compensation fund.

The specific process for filing your claim with an asbestos compensation fund is set out on the fund’s website. The documentation required for each fund is the same, so you won’t have to start back at zero if you file more than one asbestos trust fund claim.

How Much Compensation Can I Expect to Receive?

Asbestos compensation funds maintain schedules of payment that depend on the seriousness of your illness. If you are represented by an attorney, that attorney may negotiate a higher amount for you, based on your particular circumstances. The average payment for claimants with mesothelioma, the most serious asbestos disease(s) is around $260,000, but some can collect several times that amount.

Some funds have calculated that they will not have enough money left to pay out to all future victims if they pay current claimants 100% of what they are owed. It is not uncommon for asbestos compensation funds to pay out as little as 25% of the money they owe to claimants. Thus, if you were awarded $200,000, you might receive anywhere from $50,000 (if the asbestos compensation fund has a payment percentage of 25%) to the full $200,000, if the fund is paying out 100% of its claims.

What Is Expedited Review?

Claimants who are very seriously ill can opt for an expedited review of their asbestos compensation fund claim. If you choose expedited review, your award will be based on a set payment schedule based on your illness and the amount will not be negotiable. The expedited process can, however, bring financial relief more quickly to people suffering from a life-threatening asbestos disease, such as mesothelioma.

What Is True Up?

If you have received a payment from an asbestos compensation fund, you will never be asked to pay any portion of that back. If, however, an asbestos trust fund discovers that it is paying out less than it projected, that fund may adjust its payment percentage upward. If you were paid only a percentage of your claim, you may be eligible for additional compensation. This adjustment process is called trueing up.

How Long Does it Take to Receive Funds From an Asbestos Compensation Fund?

It can take from a few months to over a year to process your claim under the normal (not expedited) review process. Once you have agreed on the amount of your award, it generally takes about two months to receive payment from an asbestos compensation fund.

Do I Need a Lawyer to File a Claim for Compensation From an Asbestos Trust Fund?

You can file your claim against an asbestos compensation fund on your own. However, you get compensation more quickly and probably from more trust funds, with assistance from an experienced asbestos attorney, who can make sure that your documentation is completed correctly. In addition, your lawyer may be able to negotiate a higher compensation for your injuries.

If you have additional questions about asbestos compensation funds or asbestos lawsuits, contact Kazan Law to speak about your case with a member of our experienced and compassionate staff.

 

Kazan Law Partners Receive Best Lawyer Honors

Kazan LawThree Kazan Law partners have received the prestigious honor of being selected for professional recognition by our peers in the legal publication Best Lawyers in America.

I was named “Lawyer of the Year” for Best Lawyers’ 2016 Oakland Mass Tort Litigation / Class Actions – Plaintiffs category. Only a single lawyer in each practice area in each community receives this honor. I was also acknowledged by being included in the Best Lawyers 2016 list for mass tort litigation/class action -plaintiffs. Also included in this list are Kazan Law partners and mesothelioma lawyers David McClain and Denise Abrams. For both David and me, this year marks ten consecutive years of being chosen for this elite list. This is the fifth year in a row that Denise has been selected. We are delighted and also grateful to our colleagues for designating us as their choice for these categories.

For us, one of the most meaningful aspects of being selected for Best Lawyers is that it is strictly a peer-based list. It is not a paid for fake honor. No one can pay to be on the list.

Why Best Lawyers is Important

Best Lawyers is one of the most significant peer-reviewed publications in the legal profession. A listing in Best Lawyers is widely regarded throughout the legal profession as a major honor, conferred on a lawyer by his or her peers. For over three decades, Best Lawyers lists have been respected by the profession, the media, and the public, as a reliable, unbiased source of professional legal recognition.

Best Lawyers has evolved over the last several decades into a trust-worthy compilation of well-regarded attorneys. Inclusion is exclusive and coveted. It is gratifying that the painstaking work we do on behalf of our clients is so highly thought of by our colleagues in the legal profession.

Best Lawyers Methodology

Annual inclusion in Best Lawyers is based entirely on peer-review. The methodology used to develop the list is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers has developed a sophisticated, conscientious and transparent survey process designed to gather meaningful evaluations from attorneys on the quality of legal services offered by their colleagues.

Every year, Best Lawyers compiles lists of outstanding attorneys by conducting extensive peer-review surveys involving tens of thousands of leading lawyers. If the votes for an attorney are positive enough for that attorney to be included in Best Lawyers, that attorney has to continue to maintain those votes in subsequent polls to remain on the list for each new edition.

At Kazan Law, we continue to be energized to fight on behalf of our clients because of the horrific wrongs that have been done to them. We seek justice for our clients, not glory for ourselves. But recognition by our peers for the work we do is an accolade we do not take lightly.

 

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