Why File a California Mesothelioma Lawsuit?

Filing a California mesothelioma lawsuit just became an even more prudent step for you to take thanks to a new California State Supreme Court victory.  That State Supreme Court victory was won by Kazan Law partner Ted Pelletier, we are proud to say. Thanks to this important new court ruling, companies that exposed workers to asbestos can be held liable for other people living in a worker’s home who become sick as a result.

New California Mesothelioma Lawsuit Ruling Helps Families

California mesothelioma lawsuits can now be filed not only for a worker sickened by asbestos exposure but also by a family member who has become ill from secondary asbestos exposure. The family member may have been exposed to asbestos dust brought home on the clothing, hair or tools of someone who worked with asbestos-containing materials.

Kazan Law partner Ted Pelletier successfully argued that employers, all of whom were well aware of the health hazards of asbestos, had a duty to provide protective measures such as showers or locker facilities for changing clothes to prevent workers from binging asbestos home.

Although many years may elapse between the time of asbestos exposure and the onset of mesothelioma, asbestos exposure is the only known cause of mesothelioma. Asbestos dust typically is inhaled through the nose or sometimes the mouth. When it is inhaled it can settle in the lungs and damage the cells of the tissue lining the lungs. This is pleural mesothelioma.  The sharp asbestos fibers can also injure the cells lining the abdominal area and cause peritoneal mesothelioma.  There are other kinds but these are the most common.

Whatever kind of mesothelioma it is, the progress of the disease is slow, irreversible and almost always fatal. The new California State Supreme Court ruling is a great step forward in justice for mesothelioma families. And we at Kazan Law are proud of the part we played. But there are other reasons why it is important to file a California mesothelioma lawsuit.

California’s Favorable Laws Can Help a California Mesothelioma Lawsuit

A California mesothelioma lawsuit can benefit from the high level of expertise that California mesothelioma attorneys have in this highly specialized area of law. Kazan law founding partner Steven Kazan is one of lawyers who helped found modern asbestos litigation in the 1970s. Over decades, lawyers like Steven Kazan have had a major impact on California laws on asbestos cases. They have helped to create a legal climate that tends to be more supportive of asbestos victims with fair laws and substantial jury verdicts.  The California legislature and courts have justified the creation and application of special asbestos rules as a reasonable response to the tragic devastation faced by victims of asbestos exposure.

Because of the support for social justice and sympathy for victims of asbestos exposure, many out-of-state asbestos plaintiffs opt to file a California mesothelioma lawsuit.

In addition, California’s laws are more favorable to mesothelioma plaintiffs than the laws of some other states. Some of the other states with large number of asbestos lawsuits have passed legislation to restrict access to the judicial system for people who have been injured by exposure to asbestos, or limit the damages they can recover or make suing more difficult.

California Mesothelioma Lawsuits Are Fast-Tracked

There’s another advantage for filing a California mesothelioma lawsuit. California is usually at the forefront of states in enacting laws that protect the rights of individuals, especially with respect to health and safety.  This can bode well for the sensitive timing of a mesothelioma lawsuit.

For example, since 2000, some states with a large number of asbestos lawsuits began enacting laws to limit new filings. But not California. As a result, some of the state’s courts have reportedly seen an increase in the number of asbestos lawsuits filed by both in-state and out-of-state claimants in recent years.

In response, California chose not to enact the kinds of laws that now obstruct asbestos lawsuits in other states. Instead our courts have enacted measures to manage large asbestos caseloads by trying to expedite claims by mesothelioma patients. This creates a fast-track approach to scheduling that allows the cases of terminally ill patients to go to trial in 120 days.

Who Can File a California Mesothelioma Lawsuit?
Among the restrictions placed on asbestos litigation by some states are laws that limit or exclude out-of-state residents from filing mesothelioma lawsuits. There are no such restrictions in California. Anyone can file a California mesothelioma lawsuit.

And that is an advantage because a well handled California mesothelioma lawsuit is likely to be more successful and deliver larger verdicts. Even if your California mesothelioma lawsuit settles before going to trial, your settlement may be larger in California. Companies know that a trial in a California court is likely to go against them. This can help motivate them to agree to a more generous settlement.

Also some of the best asbestos law firms in the country like Kazan Law are based in California. Your mesothelioma lawsuit can give you financial stability to comfort you during your illness and provide for your family once you are gone. Where you file – and what law firm you choose to represent you – can make the difference of millions of dollars in the settlement or jury verdict you receive. That is a key reason to file a California mesothelioma lawsuit.

A California Mesothelioma Lawsuit Will Not Require A Lot of Travel

Your location and the expense of travel should not stop you from filing a California mesothelioma lawsuit. When you work with a top asbestos law firm, your lawyer will travel to your location to meet with you. Kazan Law lawyers regularly meet with clients outside California, sometimes traveling across the country to work with clients who have mesothelioma. We understand that you will be better able to help give us the information we need to win your California mesothelioma lawsuit in the comfort of your own home.

So if you or a loved one has mesothelioma, contact us for a free evaluation to see if a California mesothelioma lawsuit is right for you.

source: kazanlaw.com

Advantages of a California Mesothelioma Lawsuit

Did you know that you can file a California mesothelioma lawsuit in any state in the country? You don’t have to file in the state where you live. You don’t have to file in the state where a corporation you are suing is headquartered (which would be impractical in any event, since many mesothelioma cases involve multiple corporations from different states). People can file a California mesothelioma lawsuit from any state in the US. If the facts are right, at Kazan Law we think that is just what you should do.

Advantages of a California Mesothelioma Lawsuit

California is one of several states with higher than average levels of asbestos exposure. In fact, there are more deaths due to mesothelioma and other asbestos-related illnesses each year in California than in any other state. In addition to heavy industries and shipping, where asbestos was commonly used, Californians face an added threat from asbestos mines.

Not surprisingly, California is also one of the states with the largest number of asbestos lawsuits. This is partly historical: when people with mesothelioma first began to file lawsuits in the 1970s, many of the plaintiffs were based in California because of the state’s high rate of asbestos disease.

That isn’t the only reason so many people file asbestos lawsuits in California. Mesothelioma lawsuits are in a special category in California courts. The judicial system in the state has different rules governing asbestos litigation, including a faster route to trial for plaintiffs with mesothelioma.

In addition, California’s laws are more favorable to mesothelioma plaintiffs than the laws of some other states. Some of the other states with the largest number of asbestos lawsuits have passed legislation to restrict access to the judicial system for people who have been injured by exposure to toxic asbestos fibers,  or limit the damages they can recover or make suing more difficult.

For example, after Texas defendants lost lots of mesothelioma lawsuits in the late 1990s, the state passed laws that limit the legal liability of the corporations responsible for negligently exposing people to asbestos. When one of these corporations merges with another company or is sold, their responsibility for paying the damages they owe is reduced in Texas.

Who Can File a California Mesothelioma Lawsuit

Among the restrictions placed on asbestos litigation by some states are laws that limit or bar out-of-state residents from filing mesothelioma lawsuits. There are no such restrictions in California. Anyone can file a California mesothelioma lawsuit if the facts are right.

Your location and the expense of travel should not stop you from filing a California mesothelioma lawsuit. When you work with a top-notch asbestos law firm, your lawyer will travel to your location to meet with you. Kazan Law lawyers regularly meet with clients outside California, sometimes traveling across the country to work with people who have mesothelioma. We believe you can contribute more to the success of your mesothelioma lawsuit if you are able to rest in the comfort of your own home.

The bottom line is that California mesothelioma lawsuits are often more successful and usually deliver larger verdicts. California juries really understand the claims of plaintiffs who are terminally ill because of the negligent actions of corporations who valued corporate profits over workers’ health.

Even if your California mesothelioma lawsuit settles before going to trial, your settlement may be larger in California. Defendants know that a trial in a California court is likely to go against them. This gives them an incentive to agree to a more favorable settlement.

In addition, some of the top asbestos law firms in the country like Kazan Law are based in California. When you choose a lawyer to represent you in your California mesothelioma lawsuit, you can choose from among the best.

Your mesothelioma lawsuit can provide the financial stability to comfort you during your illness and provide for your family once you are gone. Where you file – and what law firm you choose to represent you – can make the difference of millions of dollars in the settlement or jury verdict you receive. Picking a law firm can be the most important financial decision of your life. That is yet another reason to file a California mesothelioma lawsuit.

Justice in California

There is one more good reason to file a California mesothelioma lawsuit. It’s not about money – although your compensation is important. It’s about right and wrong and justice for the next generation of mesothelioma sufferers.

When you bring a corporation to trial in California, you make it more expensive for that corporation to do the wrong thing. There are certainly still plenty of bad corporations in the world. There are some that are actively poisoning and harming people with toxic chemicals at this moment. But the more we hold those corporations to account for their actions, the less economic incentive they have to cut corners on safety.

When you file a California mesothelioma lawsuit, you aren’t just asking for compensation for your own injuries and money to replace the income your family is losing. You are standing up for the next generations so they have safer workplaces with better protections from asbestos and other toxic substances. Your lawsuit might just save someone else’s life!

source: kazanlaw.com

How Does an Asbestos Lawsuit Begin?

If you or a member of your family has been diagnosed with mesothelioma, asbestos-caused lung cancer, or another asbestos-related disease, you may want to consider filing an asbestos lawsuit. Because of the clear connection between the negligent use of asbestos by US industries and mesothelioma, many people have filed lawsuits and won compensation for their injuries.

The first thing you can do to help make your asbestos lawsuit a success is to hire the best asbestos attorney you can find, one with a great deal of experience in filing asbestos lawsuits. The next thing you can do is to learn about the process so you can best help your lawyer make your case.




Collect Your Asbestos Lawsuit Documents

In order to file an asbestos lawsuit on your behalf, your attorney will need proof of your diagnosis and the state of your health, as well as the cost of your medical treatment so far. In addition, your attorney will need to know your work history, to determine where you may have been exposed to asbestos. Top-notch asbestos law firms employ experienced investigators. An investigator will use your background information to gather evidence about where you were exposed to asbestos.

If this seems like an overwhelming amount of work, especially as you are coping with a severe illness, don’t worry. A good mesothelioma attorney will go over everything with you and will be able to help gather the documents you need for your asbestos lawsuit.

Beginning Your Asbestos Lawsuit

Before beginning the formal litigation process, your attorney may approach representatives from some of the corporations responsible for your asbestos-related disease. Some parties choose to enter into settlement negotiations with the most well respected mesothelioma attorneys before a lawsuit is filed, to avoid the time and expense of going to court. Instead some corporations ask us NOT to sue them so they can settle without wasting money on their lawyers.

If any of the parties have set up an asbestos trust fund, your attorney will initiate the trust paperwork. The corporations with asbestos bankruptcy trusts can’t be named in an asbestos lawsuit. They have already admitted their liability for exposing people to asbestos and have set aside money under court supervision to compensate those who become ill with mesothelioma or other asbestos-related diseases.

The parties who don’t agree to compensate you will be named in your asbestos lawsuit. Your lawyer will draft a complaint, which states the facts of the case and identifies all the parties in the lawsuit.

Your lawyer will file the complaint and get a summons from the court to serve on the parties named in the suit. These parties, now called the defendants, must file an answer with the court within 30 days. If any of the defendants do not respond to your lawsuit within the required time, your lawyer can seek a default judgment against that party. After a default is entered, your attorney will pursue that party for compensation.

Defendants always respond by denying that they are liable for exposing you to asbestos. Some may argue that your illness is caused by other factors, such as smoking. This push back is a normal part of the litigation process. An experienced asbestos attorney will have heard all these arguments before and will know how to respond to them.

Asbestos Lawsuit Discovery

The next phase of your asbestos lawsuit is called the discovery process. During this phase, both your attorney and the attorneys for the defendants will ask for documents and other evidence about the case. The defense will want copies of your medical records. Your asbestos lawyer will ask for information about the use of products containing asbestos at different places where you worked or lived, who sold them, and what they knew.

Part of the discovery process is taking depositions. Depositions do not take place in a courtroom, but they are sworn testimony recorded by a court reporter that may be used in court during the trial.

It is likely that the defendants will ask for your deposition. This may sound scary, but it doesn’t have to be. Your lawyer will work with you beforehand to prepare you to testify and will be right by your side every minute. If your health is failing, the deposition is a chance to record your account of your asbestos exposure and illness. Later on, if you are unable to come to court to testify at trial, a recording of your deposition may be played instead,  and will become evidence.

The discovery process can take several months. At times, you may feel that your lawsuit has stalled and that nothing is happening. For much of this time, however, your legal team will actually be hard at work. They will be combing through the documents received from the defendants through discovery, looking for evidence to bolster your asbestos lawsuit.

Will Your Asbestos Lawsuit Settle or Go to Trial?

Television likes the drama of the courtroom, but most people who get sued do not. Most lawsuits end with a settlement before trial. Asbestos lawsuits are no different: more than 90%  end with a settlement and never go through trial.

The discovery process plays a big part in settlement negotiations. If the documents received through this process show that a defendant knew about the hazards of asbestos exposure and did nothing to protect you and others, that party is unlikely to win at trial. They may choose to settle with you to avoid the cost of trial, as well as the embarrassment of having their misconduct exposed.

If you are offered a settlement by one or more of the defendants in your asbestos lawsuit, your attorney will negotiate the settlement amount and will help you assess whether the offer is fair. The advantage of settling is that you will receive compensation much sooner than if your case goes to trial. If you win at trial, a jury may award you more money than you would get from a settlement. There is no guarantee, however, of winning at trial, or getting more than what was offered, so settlement may be a good idea.

Seek advice from an experienced asbestos attorney as soon as you are able. That is the best way to get your asbestos lawsuit off to a smooth start and heading to a good result.

source: kazanlaw.com

Automobile Accident Injuries: Great Tips From A Personal Injury Attorney In St. Louis

Are you a victim of an automobile accident? Have you sustained some serious injuries? If yes, do you have a feeling you deserve more than what the insurance companies are offering you? Hiring an automobile attorney in St. Louis can get you back to your feet. Apart from helping you get a higher settlement, a personal injury attorney understands the legal process than any other person, knows the exact amount your claim is worth and the best part is, they’ll save you some costs. However, to get the best out of this partnership, you need to be well acquainted with the injuries you sustained. Here are some of the typical automobile accident injuries.

Common Automobile Accident Injuries That You Must Watch Out For

1. Neck Injuries

Among the most common automobile accident injuries are neck injuries known to result from rear-end collisions. One collision might result in a serious ligament or neck muscle injuries that might force you to spend days, weeks or even months in the hospital. Some of the obvious symptoms are swellings on the neck or inability to move your neck. If any of this is your case, you need to call an attorney.

2. Chest Injuries

Chest injuries fall in the same category as neck injuries. They can also result from rear-end collision that propels your upper body to hit the steering wheel. As a result, you can break your ribs, collapse your lungs and more. This can also result in a severe internal bleeding or damage internal organs and more that requires immediate medical attention. Call an attorney or have someone call him immediately the doctor confirms this.

3. Head Injuries

 
Head injuries are among the most serious automobile accidents. If you don’t act too fast, chances that you will survive are low. Just like chest injuries, they can result from hitting the steering wheels, windows or dashboards resulting in brain injuries such as concussions or the worst, commas. If this is or was your case, call an automobile accident attorney to take you through the legal process.

Other injuries

• Back injuries: This can be the damage caused to the spinal cord
• Limb injuries: Broken bones, cut flesh or torn muscle limbs and more.

 How you’ll benefit by calling an Automobile Accident Attorney

Serious injuries require an immediate medical attention. Whether it’s a neck, a chest or a head injury, leaving it for another one hour, a day, a week or a month can result into something much bigger. Don’t stress yourself trying to convince some stubborn insurance company. Hiring an automobile accident attorney will not only help you get a payment you deserve but will also help you recover quickly by taking care of your medical bills. If you are having a hard time convincing an insurance company, don’t even waste a minute. Call an automobile accident attorney and save yourself all the trouble.

source: hoffmannpersonalinjury.com

Starting School Later Can Help Reduce St. Louis Teen Car Accidents

Car accidents are a leading cause of death among teenagers – 20 percent are caused by drowsy driving.

In 2014, the National Healthy Sleep Awareness Project launched the Awake at the Wheel campaign to educate young drivers about the risks associated with drowsy driving. It is a campaign that may have made a difference for someone like Ronnie Lynn Thompson, who died at age 16 after being killed in an accident when his friend fell asleep while driving.

No Drowsy Driving (NOD.D.)

Ronnie’s mother founded No Drowsy Driving (NOD.D.) to bring more awareness to the growing number of car accidents caused by young teenagers not getting enough sleep. This has been a huge problem for teenagers as studies have shown that teenagers who do not get proper sleep are at a higher risk of being involved in car accidents; possibly because of the increased drowsiness combined with the inexperience they have behind the steering wheel.

Car accidents are a leading cause of death among teenagers and about 20 percent of those deaths can be linked to someone not getting a good night’s rest. More than half of all accidents involving someone being tired behind the wheel involve young drivers aged 25 and younger.

 Sleep Recommendations For Teenagers

According to reports from the Centers for Disease Control and Prevention and the American Academy of Sleep Medicine, only about 31 percent of children in high school are getting the recommended nine hours of sleep per night that is required for good health and alertness. The reason for this lack of good sleep is what some sleep experts call the adolescent phase delay – a natural shift in a teen’s circadian rhythm. Researchers have found that an optimal sleep schedule for a teenager is from 11 p.m. to 8 a.m.

Changing School Schedules 

Considering this sleep schedule, there is a push for schools to change the starting time for school. Dr. Timothy Morgenthaler, the President of the American Academy of Sleep Medicine, reports that about 50 percent of the communities that have later school start times have seen teenage car accident rates decrease between 65 and 75 percent.

The proposal to change school start times has also been recommended by the American Academy of Pediatrics because of reasons beyond the car accidents. In a statement that was published in September 2014, parents and physicians were reminded that children who do not get enough sleep at night also develop mental problems (i.e. problems performing in the classroom) and physical problems in addition to the increased chances of being involved in a car accident.

Talk with a St. Louis Car Wreck Lawyer

If you have been injured by a negligent driver, consult a St. Louis car wreck lawyer to understand your legal rights. Call The Hoffmann Law Firm, L.LC. at (314) 361-4242 for a free consultation.

source:  hoffmannpersonalinjury.com

Driverless Vehicles and Personal Injury

Recently, Google’s prototype driverless cars have been navigating the roads around Mountain View, California. They have been involved in two recent accidents, though the accidents were non-serious in nature, and were caused by other drivers. In one incident, the Google car was rear-ended at five miles per hour, while stopped at a red light. Both cars suffered minor scrapes to their bumpers. The other accident also involved a Google car being rear-ended at a red light, but at less than one mile per hour, and neither vehicle was damaged. No injuries were reported in either crash.

A Google car and another self-driving car, from Delphi, were reported to have nearly had an accident during a lane change in Palo Alto, when one car cut off the other. Fortunately, the second car was able to change back into its original lane, avoiding the collision.

California’s Driverless Car Law

Only five states, including California, allow driverless cars on public roads. In 2012, the California state legislature passed a law permitting driverless vehicles to operate, for testing purposes, on the roads. There are, however, strict limitations to their operation:

• A licensed driver must be in the car at all times;
• The driver must be ready and able to take over control should the automatic controls fail;
• The driver must have been licensed for at least three years, must not have caused any accidents resulting in personal injury or death, must not have been convicted of driving under the influence in the past 10 years, and must take special driving classes; and
• The car manufacturer must maintain $5 million in liability insurance.
•  

California’s law also requires driverless cars to have a mechanism that captures sensor data from the autonomous technology for at least 30 seconds prior to a crash, while the car is operating in automatic mode. This technology will help to determine how crashes occur.

Personal Injury Concerns

Driverless cars may be safer than regular cars. Google and other manufacturers claim that they are because they eliminate the element of human error, which is the cause of a majority of accidents. But others, such as the National Highway Traffic Safety Administration are not so sure. No car is perfect, and some accidents not caused by humans are bound to happen.

But what happens when a driverless car inevitably does cause an accident? One major issue is determining who is liable for the harm, the owner or the manufacturer. It is likely that accidents caused by self-driving cars will become a product liability issue. This would mean that liability would shift away from the owner or individual, and to the manufacturer, designer, or vendor.

The requirement for a data capture mechanism may also help to determine how crashes occur and how to assign liability. It may be able to help insurers and courts figure out whether a car malfunctioned, an injured person was contributorily negligent, or something else caused the crash.

If you have been injured in an auto accident, whether from a driver’s negligence or a vehicle malfunction, an attorney can help you recover compensation for your harm. Please contact the experienced San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. for a free consultation.

source: cmalaw.net