Asbestos Claims Deadline Looms for Power Plant Workers

Posted on August 17, 2015 by Steven Kazan

Update: December 15, 2015: The deadline to file a claim has passed. Subscribe to our blog to receive updates on this case, and the efforts to reverse this unfair bar date ruling. The subscription box is to the right of this post.

Energy Future Holdings (EFH), a $36 billion company, with known asbestos claims against it, has filed for bankruptcy and seeks to drastically limit the legal rights of all its past, present and future asbestos victims. EFH is a very big company that worked on power plants all over the US. It includes Ebasco’s and EECI’s operations nationwide, and Luminant power plants and Oncor power distribution facilities in Texas.

View the EFH plant listings:

Domestic plants

International plants

Whether sick or healthy, if you or a family member have ever worked at any EFH site, you must file a claim by 5 PM Eastern Standard Time on December 14, 2015 or you will lose all rights to make any asbestos claims against this corporate giant and its insurance companies.

If you now have mesothelioma or any other asbestos disease diagnosis and you or a family member worked at any EFH site, you definitely should file a claim. But even if you are healthy, you should file a claim if an EFH site is part of your or a family member’s work history because otherwise your legal rights will be lost.

All EFH site employees and contractors are at risk of having been exposed to asbestos. It would be prudent to file an asbestos claim now while you can. You have everything to lose and much to possibly gain should you be diagnosed with an asbestos-related disease such as mesothelioma in the future.

After that December 14 deadline passes, you will no longer be able to file a claim even if you become ill with an asbestos-related illness caused by past exposure at an EFH power plant.

To keep your right to compensation, you must submit an asbestos claim by the December 14 deadline. A qualified asbestos attorney can file the claim for you. He or she can help you with the documentation you will need to verify you or a family member worked at a power plant. At Kazan Law, we do not charge any fee for this service unless and until we get you money.

Asbestos Claims Cut-Off Part of Bankruptcy Deal

Asbestos claims against EFH will be invalid after the December 14, 2015 deadline as part of a bankruptcy deal created for this very large privately owned power plant company, its subsidiaries and the people who financed it.

EFH owns, operates, maintains, and built many power plants across the United States and others all over the world.

Because of the heat-resistant quality of asbestos, asbestos insulation was widely used in power plants built before 1980. But the toxicity of asbestos was already well-established at that time and less dangerous substitutes were available.

Asbestos Claims Potential Prompts Bankruptcy Efforts to Escape Responsibility

Asbestos claims against EFH have already resulted from workers being exposed to asbestos at numerous power plants around the US.

The company declared bankruptcy last spring along with about 70 of its affiliates. The petition listed assets of $36.5 billion and debt totaling $49.7 billion.

Companies which are likely to be liable for many asbestos claims often file for bankruptcy as a way to avoid paying large settlements to people whose lives they have destroyed.

As part of EFH’s bankruptcy, everyone who is currently ill with an asbestos-related illness and everyone who may develop asbestos-related illness must submit a claim by December 14, 2015, at 5 PM, Eastern Time to be eligible for compensation in the future. EFH is required to publish notices about this deadline in newspapers. Although they are also required to directly contact former employees and others, many people who get their news from television or the internet instead of newspapers may miss the deadline for filing asbestos claims.

Why Asbestos Claims Must Be Filed Even If You’re Not Ill

Asbestos claims typically may be filed up to a year after you are diagnosed with mesothelioma or another asbestos-related disease. Not in this case. If you already have been diagnosed, you should immediately consult an asbestos attorney about filing a claim. Even if you have not been diagnosed you should file an asbestos claim if you or a family member worked at a power plant.

The Department of Health and Human Services (DHHS), the World Health Organization (WHO), and the EPA have determined that asbestos is a human carcinogen and there is no safe level of exposure. An estimated 10,000 Americans die every year from preventable asbestos-caused diseases.

Asbestos fibers can be 700 times smaller than a human hair. Some asbestos can be seen as dust but asbestos fibers can also be invisible to the human eye. You can’t see it. It is also odorless, tasteless and indestructible.

Asbestos fibers do not evaporate into air or dissolve in water. Microscopic asbestos fibers and particles can remain suspended in the air for a long time.

You could easily have inhaled asbestos fibers without knowing it either at work yourself or from the clothing, tools, car or hair of a family member who worked at an EFH site.

Once asbestos fibers are inhaled, they can cause fatal damage to the body’s vital organs and initiate cancer. Mesothelioma, for example, is a lethal cancer of the cells lining the lungs and other organs. It is caused only by exposure to asbestos. Mesothelioma can emerge anywhere from ten to 50 years after asbestos exposure.

So if you or a family member ever worked at an EFH site, be sure to file a claim before December 14. Have this done professionally by a qualified asbestos attorney, so you can have peace of mind that it was done correctly. Your future may depend on it.

Kazan Law Pro Bono Victory on Asylum Case

Posted on August 11, 2015 by Steven Kazan

Thanks to Kazan Law’s pro bono efforts, a 23 year-old young man from El Salvador and his three year-old child were granted asylum by the US Department of Homeland Security Bureau of Citizenship and Immigration Services Asylum Office. This was the first immigration case for our pro bono practice. It was a challenge that took a lot of teamwork throughout Kazan Law’s staff but it was well worth it. We are still working on securing asylum for the young man’s wife. We hope to achieve this in the next few months and to also win the other pro bono immigration cases we have taken on.

This first pro bono case victory is a great accomplishment for our office. We are pleased that this family now can live here without the constant threat of death they faced in their home country.

Kazan Law Pro Bono Program Helps Anti-Gang Activist

This young man whom the Kazan Law pro bono practice helped is a preacher who preached non-violence and spoke out against gangs in his community. When he refused to acquiesce to the gangs’ demands that he traffic drugs for them and support their efforts, he and his wife were kidnapped and beaten by gang members and threatened with death. The couple fled to the United States with their child. They asked for asylum at the border and were released to family here in the Bay area. We are proud to be applying our firm’s legal skills to help this brave young family. We look forward to helping others.

How Kazan Law’s Pro Bono Practice Finds Immigration Cases

Kazan Law’s pro bono immigration cases were referred by to us Centro Legal de la Raza, located here in Oakland. This is an outstanding nonprofit organization that for over 40 years has provided legal aid to Latino, immigrant, and low-income communities of the Bay Area. They not only refer cases but also mentor pro bono volunteers like us. The Center for Gender and Refugee Studies also provided us with mentoring and advice. They gave us a wealth of background information we used to make the asylum office and court understand the conditions that force our clients to flee their countries and leave their families, friends and lives back home.

Kazan Law’s Pro Bono Practice – Why Immigration Cases?

Many of us here at Kazan Law come from progressive and humanitarian backgrounds and donate our time to many causes involving children and families in need. Some of the firm’s partners early in their careers worked with helping California migrant laborers. This led to our work with occupational safety and specifically asbestos. We work hard representing our clients in our asbestos practice. But we also take on cases pro bono where we think we can make a difference.

Starting the end of last year we heard about kids coming over the border needing representation, and decided to help. We agreed to take one of the cases of the unaccompanied minor children.

We felt the need was so great that we agreed to take not one, but four cases. These include a 14 year-old boy, a 12 year-old girl, a father and his 15 year-old daughter – all from Honduras, and the 23 year-old married couple and their three year-old baby from El Salvador. Once we saw the list of all the deserving kids and families and read about their stories and the horrible conditions where they lived, we could not stop at just one case.

Kazan Law’s Pro Bono Work Is a Team Effort

Kazan Law partner Denise Abrams headed up our pro bono immigration team. She was assisted by Frank Fernandez, a recently retired partner who represented the young preacher at his asylum hearing. Frank, who prior to joining Kazan Law was a lawyer for the United Farm Workers of America, AFL-CIO, and the California Department of Occupational Health & Safety (Cal-OSHA), worked together with Julianna Rivera, a former Kazan Law associate now has her own immigration law practice in Oakland. Dianna Lyons, who also started her legal career with Caesar Chavez and the United Farm Workers and recently retired as Kazan Law partner, and associate Ryan Harris were also part of the team. But they were assisted by many KL staffers including Stacy McKenna, Marcela Nava, and Jazmin Solorzano who helped by translating and staying in contact with the family, and Terry Roy who provided critical administrative support. We were advised by Ellen Widess, the former director of CalOsha who is currently volunteering to help with our ‎pro bono immigration cases.

Kazan Law Pro Bono Work – Why We Do It

Kazan Law’s pro bono cases are a small but significant part of what we do. Our pro bono efforts are a natural outgrowth of the founding principles of our firm. We are first and foremost an asbestos law firm. We obtain justice for people who are sick with mesothelioma, a fatal cancer, from being exposed to asbestos. Often these people were exposed to asbestos through the negligence of manufacturers, distributors and installers. In many cases these are large companies who care more about profits than people’s lives. Our law practice makes us aware that there are many hard-working honest people who need good legal representation to help protect their rights. But many of them can’t afford it. That’s where pro bono work comes in.

With pro bono cases, we make the law and the justice system work for people who have nothing to give us but their gratitude. We empower them. We give them hope; we help them when they have nowhere else to turn. This makes us feel that our training, our experience, and our judgment can help make a difference in the world. It makes us feel that we are better people for doing pro bono work. And we are.

When you do pro bono, everybody wins. Our communities are served by the legal talent of its citizens. Our needy get the help that they require. And justice is served.

Vetting Your Mesothelioma Law Firm Before Making a Selection

Posted on August 5, 2015 by Steven Kazan

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

Where Should You Look for a Trustworthy Mesothelioma Law Firm?

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

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

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

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

Identifying Good Qualities in a Mesothelioma Law Firm

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

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

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

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

Kazan Law: Recognition of Achievement in Mesothelioma Law

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

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

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

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

The Ultimate Guide to a Mesothelioma Lawsuit

Posted on August 4, 2015 by Steven Kazan

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

Finding a Lawyer for Your Mesothelioma Lawsuit

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

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

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

Mesothelioma Lawsuit Process

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

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

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

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

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

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

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

Filing Your Mesothelioma Lawsuit Claim

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

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

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

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

Asbestos Lawsuit: FAQs and Answers

Posted on August 3, 2015 by Steven Kazan

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

What Are My Compensation Options for My Asbestos Injury?

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

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

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

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

What is the Process for Filing an Asbestos Lawsuit?

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

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

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

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

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

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

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

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

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

Mesothelioma Settlements: How to Attain the Highest Settlement Possible

Posted on July 29, 2015 by Steven Kazan

At Kazan Law, we firmly believe that the corporations who knowingly exposed people to toxic asbestos should compensate those who become ill because of their negligence. A diagnosis of mesothelioma deserves the highest possible asbestos settlement.

Compensation Factors for Mesothelioma Settlements

If you suffer from mesothelioma, you are entitled to compensation for your medical expenses and lost wages, as well as the emotional distress and physical pain caused by your illness.

The amount you can expect to receive depends on several factors. Mesothelioma is recognized as a very serious asbestos-caused cancer and mesothelioma victims tend to receive higher awards than those suffering from less serious asbestos diseases.

If you have had to stop working due to mesothelioma, your lost wages award will cover your past lost wages as well as future earnings that you and your family will be deprived of. The calculation of lost wages takes into account your past income level, your earning potential, and the number of years that mesothelioma has shortened your working life. Someone who becomes ill with mesothelioma at age 45 would receive more compensation for lost wages than someone who becomes ill at age 60. If you had already retired before you were diagnosed with mesothelioma, lost wages will not be part of your settlement; but potential lost pension and social security payments will be.

Your medical bills will establish the cost of your illness. Statements from your doctors, medical records, and your testimony will establish the extent of your emotional distress and physical pain.

Although mesothelioma is always caused by asbestos exposure, the defendants in your case may try to reduce the amount to which you are entitled by claiming that your past behaviors such as smoking reduced the value of your case.

Other factors that may affect your settlement include the length of your exposure to asbestos and whether the company or companies responsible for your mesothelioma know they have exposed you and others to harmful levels of asbestos.

As your lawyers work to settle your case with multiple defendants, you may receive compensation starting a few months after you file your case, and for several years thereafter. If you are diagnosed with late-stage mesothelioma, the settlement process may be expedited.

How an Experienced Attorney Improves Your Chances of Attaining Fair Mesothelioma Settlements

Your mesothelioma lawyer will work to get you the best possible settlement so you can focus on your health and your family. An experienced asbestos attorney may have sued the defendants in your case in the past and will know the ins and outs of the asbestos litigation process.

Your attorney’s role is to build a case that will achieve the highest possible settlement for your injuries. At Kazan Law, we file asbestos lawsuits mainly in the California courts because the people who serve on California juries understand the true value of mesothelioma claims. We are able to get substantial settlements for our clients because defendants know this.

Your mesothelioma lawyer will do the heavy lifting during the negotiation process and provide guidance on whether a defendant’s offer is fair. If the initial offer is low, it is your attorney’s job to push back and demand the compensation you deserve.

An experienced asbestos attorney will base his or her assessment of the settlement offers in your case on other settlements in similar cases and let you know what your best options are. If a defendant refuses to negotiate or fails to offer a fair settlement, your attorney may advise you to go to trial.

Benefits of Securing a Mesothelioma Settlement In Lieu of Trial

More than 80 percent of all civil lawsuits settle before going to trial. Settlements often provide a better outcome for both sides because they provide certainty, avoid the risk, time and expense of trial. You and your family can receive the benefit of compensation from a settlement much sooner than you would from a trial. If you win at trial, the defendants may file an appeal, which can drag your case out even longer.

In addition, there is no way to predict the outcome of a trial with any certainty. If your case goes to trial and you lose, you may receive no compensation for your illness.

In many cases, a victim of mesothelioma may have a very clear case against a defendant that is trying to shirk its responsibility for willfully, intentionally, or negligently exposing people to asbestos. In those cases, a jury trial may yield a higher award and set a precedent that will help other mesothelioma sufferers receive the compensation to which they are entitled.

Settlements can happen at any time. As your lawyer presents your case at trial, the defendants may decide it’s in their best interest to end the trial early by offering you a settlement.

Your lawyer will review your case with you in detail and help you make the decision about whether to go to trial or accept a settlement for your mesothelioma. An experienced asbestos attorney can be your best ally in your fight to get the compensation you deserve.

Asbestos Deaths Net Prison Sentences for Employers

Posted on July 28, 2015 by Steven Kazan

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

Asbestos Deaths of Italian Tire Factory Workers Lead to Manslaughter Charges

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

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

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

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

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

Asbestos Death Conviction in Previous Case Was Overturned

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

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

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

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

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

Asbestos Deaths in Milan May Be Tip of Iceberg

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

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

FAQs About Mesothelioma Trust Fund Awards

Posted on July 22, 2015 by Steven Kazan

More than 50 US companies have declared bankruptcy to avoid the full costs of asbestos lawsuits. Those companies have set up asbestos trust funds to provide compensation for people who become ill with mesothelioma, now and into the future.

Mesothelioma Trust Fund Awards: Who Are They For?

If you have mesothelioma or other asbestos-related illness and you were exposed to asbestos by a company that has established an asbestos bankruptcy trust, you are entitled to an award from that company’s trust fund.

Asbestos trust funds have been established by companies that acknowledge their products contained harmful asbestos. These corporations have accepted liability for the fact that their negligence has led to asbestos disease. The trusts compensate people who have become ill with mesothelioma or other asbestos-related illness after working with or around those products. There are more than 115,000 sites and 19,000 ships in the US where these companies admitted they exposed people to asbestos.

If you have a diagnosis of mesothelioma or other asbestos disease, you may seek compensation from an asbestos trust fund. You will need to establish that you worked at one of the identified sites or elsewhere, what your job was there, and the time period during which you worked there.

A mesothelioma lawyer who understands the requirements of asbestos trust funds can gather and complete the documentation you need to make your claim. If you have been exposed to asbestos from multiple sources, your attorney can investigate to determine which corporations share responsibility for your injuries and help you receive all the compensation you are due.

Expected Mesothelioma Trust Fund Awards and Payouts

Payouts from mesothelioma trust funds depend on several factors, including the amount of funding left in the trust for future claimants, the severity of your illness, and the length of your exposure to asbestos at a particular site. Funds use a formula to calculate standard payout amounts.

Over the past three decades, asbestos trusts have paid more than $21 billion to claimants who have been injured by exposure to asbestos. Claimants with mesothelioma usually get the largest awards, averaging around $260,000. The trusts have remaining combined assets of more than $32 billion for compensating people who develop mesothelioma in the future.

You may submit your claim for expedited review, which can result in a quicker payout but the amount will be fixed and non-negotiable. Claimants must meet certain requirements to be eligible for expedited review. The individual review option gives you the opportunity to highlight all the circumstances of your claim. With help from an experienced asbestos lawyer, claimants often receive higher awards through the individual review process.

Once you have reached agreement with the mesothelioma trust fund on the amount of compensation you are due, your award may be reduced by something called the “payment percentage.” Few trusts pay the full amounts awarded, most pay only a fraction of the award amount, if trust funds are limited. This is done to insure that there will be enough money left to compensate all future claimants. The payment percentage can be 25 percent or less. The payment percentage may increase in the future, if there are fewer future claimants than expected. If this happens, you and your family could receive additional compensation at a later date.

How to Secure Your Mesothelioma Trust Fund Award

You can file claims against more than one mesothelioma trust fund, if you were exposed to asbestos from the product of more than one company. You may also file a lawsuit for damages against other corporations while seeking trust fund compensation.

If your asbestos exposure was due to a product you used at work, your claim may be against the manufacturer of that product. An asbestos lawyer can help you determine the appropriate party against which to file your claim.

Each asbestos trust has a website that outlines procedures for filing a claim and the proof required to support your claim. The claim procedures are standard for all these bankruptcy trusts and many allow you to submit your claim online.

Every mesothelioma trust is administered jointly by bankruptcy trustees, a Trust Advisory Committee made up of attorneys representing the interests of mesothelioma claimants, and a representative for future claimants. These parties determine the payment percentage and supervise The Trust’s compensation.

The process of receiving compensation from a mesothelioma trust is simpler than filing a lawsuit. You should still enlist the assistance of a mesothelioma lawyer to ensure that the process flows smoothly and that your best interests are represented.

Steps to Filing a Mesothelioma Claim

Posted on July 20, 2015 by Steven Kazan

Mesothelioma is caused by asbestos exposure. If you have been diagnosed with mesothelioma, you are entitled to compensation from the parties responsible for negligently exposing you to this toxic substance.

Working with An Attorney to File a Mesothelioma Claim

When you are struggling with a serious illness such as mesothelioma, it can be hard to find the energy to pursue the compensation you are due for your injuries. A top-notch mesothelioma lawyer can take this burden off you and ensure that you get the highest possible award.

Mesothelioma claims and lawsuits can result in awards in the hundreds of thousands to millions of dollars. Choosing the right mesothelioma lawyer can make a huge financial difference for you and your family, so it’s important to make an informed choice.

Ask about your mesothelioma lawyers’ background and experience before you hire them to handle your case. Find out how long they have been practicing, how many claims such as yours they have handled, the range of settlements they have achieved for their clients, and how many lawsuits they have won and lost. Make sure the attorney you are speaking with will handle your case personally rather than acting as a case broker who will sell your claim to an unknown third party.

A reputable asbestos law firm will work with you on a contingency basis. This means that you pay no fees up front and, if you don’t win your case, you owe your lawyer nothing for his or her work. If you do receive a settlement or jury award, your lawyer will be paid an agreed-upon percentage.

It is important to act swiftly after you are diagnosed with mesothelioma because, if you wait too long, the statute of limitations may bar you from filing suit. The statute of limitations is different in different states. In California, you have one year from your diagnosis with mesothelioma or other disabling asbestos-related illness to file suit against the responsible companies for your personal injuries. You may sue for compensation for past and future medical expenses, lost wages, and the pain and suffering caused by your illness.

If you are pursuing a wrongful death claim on behalf of a spouse or family member who has died due to mesothelioma, you have one year after his or her death to bring a lawsuit. In a wrongful death lawsuit, you may seek to recover past medical expenses, past and future lost wages, and the value of your loss of care, comfort, companionship, and other aspects resulting from the death.

You and your attorney may explore multiple avenues to obtain the compensation you deserve. In addition to filing a lawsuit against the company or companies responsible for your injuries, you may be entitled to workers compensation, if you were exposed to asbestos on the job. If your exposure happened during military service, you may be entitled to veteran’s benefits.

Filing a Mesothelioma Claim: Choosing the Right State and Plaintiffs

When an experienced mesothelioma law firm takes your case, the first thing it will ask for is a detailed work history so it can determine which corporations should be named as defendants. Good mesothelioma law firms employ investigators who work to locate every party who might bear responsibility for your illness.

After that, your attorneys will decide what state is the best venue in which to file your lawsuit. California courts look more favorably on asbestos plaintiffs than courts in some other states. You don’t have to live in the state where you file your lawsuit. You don’t even have to live in the same state as your lawyer. If travel is required, your attorney will come to you.

Once your lawsuit is filed, the discovery or factual investigation part of the process begins. Your lawyer will request documents from the defendants and provide records of your medical diagnosis, medical expenses, lost wages, and other damages. You, and possibly your spouse or other family members, will be asked to give a deposition. A deposition is recorded testimony, taken under oath, before trial. If you are too ill to appear at trial, your deposition testimony may be used instead.

What Happens After You File a Mesothelioma Claim?

Because mesothelioma is such a serious illness, your lawyer should file your case as quickly as possible so your lawsuit can be handled on an expedited schedule.

Your case is likely to involve multiple defendants and some may offer to settle with you fairly quickly. The time frame can vary greatly, but many of Kazan Law’s clients begin to receive settlements within a few months after filing suit.

Other defendants may drag the process out by attempting to have your claims against them thrown out of court. They might bring up factors such as family health issues or a history of smoking. Some will argue that other defendants bear the responsibility for your asbestos exposure, not them. Defendants might even challenge your mesothelioma diagnosis.

Experienced mesothelioma lawyers have seen this all before and they know how to respond to every objection a defendant can throw their way. While your lawyer may be working hard as your case moves toward settlement or trial, you won’t have much to do, other than answering occasional questions. You can focus your energies on taking care of your health and spending quality time with your family.

How to Find a Mesothelioma Lawyer

Posted on July 14, 2015 by Steven Kazan

If you have been diagnosed with mesothelioma or another asbestos-related illness, the best way to receive the compensation you deserve is to hire the best lawyer to represent you. Look for a lawyer with a track record of successfully litigating and settling mesothelioma lawsuits on behalf of clients.

How to find the Best Mesothelioma Lawyer

When you engage a lawyer to represent you in your mesothelioma claim, you are making a financial decision that can have significant consequences for you and your family. Compensation in asbestos claims can be in the millions. A good lawyer can make a difference of many thousands of dollars; the best lawyer can make a difference of millions! That’s money you need to pay your medical bills and provide for your family. Kazan Law has negotiated settlements for hundreds of clients and won verdicts as high as $27 million for our clients.

Start your search by narrowing down your list to lawyers who specialize in asbestos litigation. Don’t be afraid to talk to more than one law firm before you choose the one best qualified to handle your case.

Here are some questions to ask before you hire a mesothelioma lawyer:

How long has the lawyer been handling asbestos lawsuits?
How many clients have they worked with in that time?
Where has the lawyer filed asbestos claims?
Do they have experience in the court where your claim will be filed?
What types of mesothelioma cases has the lawyer handled in the past?
Have they litigated cases similar to yours?
How many cases has the lawyer won? Lost?
How many cases has the asbestos lawyer settled?
What kinds of settlement amounts have they achieved for their clients? (Settlements may be confidential, but you can ask the lawyer to give you a range.)
How many clients has the lawyer helped through the process of getting compensation from asbestos trust funds?

Lawyer Tips for How to Find a Mesothelioma Lawyer

I have been helping clients with mesothelioma get the compensation they deserve since 1974. Over my years of handling asbestos lawsuits, I have encountered a lot of wonderful lawyers and, unfortunately, many who were less than scrupulous. Here are some basic steps to take when you are choosing an attorney to represent you in your mesothelioma claim.

Interview your attorney. If you are not feeling well enough, ask a family member or friend to do this. Request a case evaluation and a personal interview with the attorney who would be handling your case.
Make sure the attorney’s fees are on a contingency basis. A contingency fee arrangement is when your lawyer gets a percentage of the compensation award you receive from the resolution of your asbestos lawsuit. If you wind up not receiving any compensation for the lawsuit then your lawyer collects no fees. You may still owe charges for court fees, copying, and hiring expert witnesses. Ask how the fee arrangement works – do costs come ‘off the top’ or are they just taken from your share?
Check the attorney’s references. A good mesothelioma attorney should be able to provide you with a list of references of several previous clients to contact. Although you will only be given the contact information for very pleased clients, it will still be informative to talk to them about their experiences working with a mesothelioma attorney you are considering hiring for your case.

I am proud of the team we have built at Kazan Law. The people at Kazan Law are incredibly talented. I’ve been so fortunate with my partners and the younger lawyers and the paralegals. People seem to stay here because they fall in love with the work; and mostly with the clients – it is really gratifying to be representing people who really need our help where we can make a difference

But not all asbestos attorneys place their clients’ interests above their own.

There are ambulance chasers. There are unscrupulous lawyers. There are guys are out there who run newspaper ads saying, “Call us to find out if you have million dollar lungs.” I think that’s outrageous. I think people need to be really careful about how they select a lawyer and about how they make what will potentially be the most important financial decision of their lifetime.

There are a lot of lawyers out there who are in this just for a buck. If you look for a lawyer on the Internet, the odds are you’re going to find lawyers who aren’t really trial lawyers. They’re really case brokers. Their operations are really designed to lure people in and sign them up and then sell that client’s case to another lawyer who does the work. The problem is they tend to sell those cases to lawyers who will give them the biggest cut rather than who will do the best job.

There is nothing wrong with a law firm advertising on the internet. What’s wrong is lawyers who disguise who they are. You will find a lot of lawyer websites that show themselves as .org sites, a web area intended originally for nonprofits, who in reality are lawyers pretending to be nonprofits, pretending to be public interest groups. What they want to do is get you to fill out their contact form, they want to get you on the phone and sign you up.

The point is clear. Be thorough in your due diligence process, ask the right questions, and meet with the lawyer. Ensure that your best interests are the first priority of any law firm that represents you and your family. Although information is vital in making the right decision so is your confidence that your lawyer is honest, trustworthy, and competent.

Posts by: Steven Kazan