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Kazan, McClain, Lyons, Greenwood & Harley, PLC
171 Twelfth Street Third Floor
Oakland, CA 94607
Ph / 1-866-334-4506
Lawsuit FAQs
About Us | Asbestos Litigation | Lawsuit FAQs
LAWSUIT FAQS
How much will it cost me for you to represent me? What is a contingency fee?
If you decide to retain The Firm as your attorneys, then we will work for you on a contingency basis. That means we are only paid after a judgment has been won or a settlement reached in your case. You do not pay us up front and you will never get bills from us. We do not charge by the hour. Instead, a portion of the money awarded to you will go to this office and the rest will go to you.
It also means that if you decide to go to trial and the jury decides against you, you will get nothing and will owe us nothing. If we take your case, we will take the risk of not being paid.
Most plaintiffs' attorneys in civil cases operate on a contingency fee basis, with some charging up to one-half the recovery. However, the percentage of the contingency fee is not the only factor: a lot depends on when the contingency fee is subtracted. Many attorneys take their percentage first and then subtract the costs of the lawsuit out of the client's share.
The Firm subtracts the costs first - before the money is divided - so that we share the costs with the client. Our clients therefore get a larger proportion of the money awarded.
I'm not sure about suing. Can I take some time to decide?
This depends on the legal deadlines, called statutes of limitations, which might apply to your potential case. These statutes are complex, they depend on the kind of case you are pursuing, and they vary from state to state. It is prudent to contact an attorney as soon as possible because once your statute has expired you are forever barred from pursuing your claim.
I don't live in California, so why should I contact The Firm?
Our attorneys have successfully represented over 1000 people with mesothelioma, and these clients have lived all over the United States, and in Canada, Mexico, the United Kingdom and elsewhere. We have over 30 years of experience in asbestos litigation.
Because of our expertise in this type of litigation we are able to move our cases through the courts efficiently and quickly
California courts are more receptive to asbestos lawsuits than those in some other parts of the country, so this is where we file all our cases.
For a straightforward legal matter it usually makes sense to contact a local attorney. However, for complex issues - such as asbestos litigation - clients are often best-served by attorneys who have a lot of experience in that specific field. It therefore becomes more important to contact the best attorney, rather than a local attorney.
The question about where to file an asbestos lawsuit can only be answered on a case-by-case basis after examining all the facts. While some jurisdictions (e.g. California) are more favorable than others, it is not always possible to file in California.
The assurance we give to everyone with mesothelioma or asbestos cancer who contacts us, is that we will evaluate all aspects of the case to decide where the case should be filed. If we believe that California is not the right place for your case, we will discuss this with you and put you in direct contact with an associate attorney whose work we know and trust, who practices in an appropriate jurisdiction, and we will work with this attorney throughout.
How large a settlement or judgment can I expect to recover?
The value of your potential claim depends on many things, such as the medical evidence that confirms your diagnosis, how seriously you have been injured, your actual and potential losses, the strength of the identification of the toxic products that you were exposed to, the companies that made these products, and their financial resources.
What if I am very ill? Will I be required to spend a lot of time on the lawsuit?
A big part of our job is protect you and your family from the stresses involved in pursuing a complex lawsuit. That said, we will, of course, need your help. The extent to which we'll need your participation depends in large part on whether or not we can settle your case and avoid a trial.
What you can be completely certain about is that our attorneys and staff will walk you and your family through each stage of the lawsuit. We will do our best to acknowledge that you have personal and medical priorities, as well as legal matters that need your attention. We have, after all, been doing this for almost over thirty years.
How long will it take before I receive any money?
Most of our clients begin to receive settlements within a few months, but this varies from case to case and is therefore something that should be discussed between attorney and client.
We have the resources and experience to move cases very quickly through the legal system. This is especially true for our clients who are elderly or in poor health.
What are the differences between a third party civil case and a workers' compensation case?
The third party cases that The Firm files are often referred to as product liability or toxic tort cases. Typically, they are against the manufacturers, distributors and/or suppliers of the substances that caused the injury, and the contractors and/or owners of the premises that are responsible for the place where the exposure or injury occurred
An employee who suffers a work-related injury also has a right to make a workers' compensation claim against the employer. Workers' compensation is usually a "no fault" system and is the exclusive remedy available to an employee to take legal action against an employer.