California Asbestos and Mesothelioma Lawsuits
Our attorneys have filed a number of mesothelioma lawsuits for clients in California and other parts of the country in order to help them receive compensation for their asbestos related illnesses. Malignant mesothelioma lawsuits are often the only way for victims to gain compensation from asbestos manufacturers. Mesothelioma attorneys are personal injury and wrongful death lawyers who specialize in mesothelioma lawsuits. Their extensive experience litigating asbestos and mesothelioma claims provides them with a wealth of information and invaluable resources.
Mesothelioma attorneys conduct in-depth investigations in order to link individual cases of malignant mesothelioma to the source of asbestos exposure. Once the link has been established, a personal injury or wrongful death mesothelioma lawsuit can be filed by the attorney.
Mesothelioma Lawsuits - A Timeline
A mesothelioma lawsuit must be filed within a statutory deadline in order for the claimant to be eligible for compensation. In most states this deadline is approximately one or two years after a confirmed mesothelioma diagnosis – though in some states it exceeds three years. The rules that govern the filing process vary from state to state.
In cases in which the mesothelioma victim is deceased, a wrongful death claim can be filed by the next of kin. Wrongful death mesothelioma lawsuits also have statutory deadlines, so it is important to speak with a mesothelioma attorney as soon as possible to ensure that this deadline is met.
The amount of time it takes to process a mesothelioma lawsuit and see a return can vary significantly from case to case. In certain situations, the defendant may seek to settle without taking the matter to trial. Lawsuits with many plaintiffs (mass torts) and a number of defendants typically end in long, drawn-out trials. Based on the size and complexity of the lawsuit, it can take several years to try a mesothelioma claim.
Asbestos Exposure and Manufacturer Liability
The only known cause of malignant mesothelioma is exposure to a carcinogenic mineral group called asbestos. Asbestos was commonly used in a number of industrial and commercial products, from sheetrock and floor tiles to toasters and hair dryers. Asbestos is inexpensive, fire-resistant and flexible, and was considered the perfect insulator; hence its popularity among product manufacturers.
Once the hazards of asbestos exposure were discovered, steps were taken to regulate its use. Asbestos was one of the first airborne contaminants to be included in the Clean Air Act of 1970. Unfortunately, asbestos regulation came too late to prevent more than a hundred years of hazardous exposure. Occupational asbestos exposure was extremely common throughout the 20th century. The National Cancer Institute estimates that 70 to 80 percent of all malignant mesothelioma cases were the result of occupational asbestos exposure. Mesothelioma lawsuits and associated investigations discovered that many asbestos manufacturers were aware of the hazards of exposure prior to regulation. Rather than address this problem and safeguard employees, they chose to hide the problem in order to protect business interests. The resulting occupational health disaster has been labeled the worst in U.S. history.
The Cost of Negligence
The RAND Institute of Civil Justice estimates that the costs associated with asbestos litigation will eventually exceed $200 billion. More than 70 companies with asbestos liabilities have filed for bankruptcy since asbestos was regulated in 1970. In total, RAND estimates that more than 730,000 asbestos lawsuits have been filed against some 8,400 companies.
Experts believe that malignant mesothelioma is responsible for well over 200,000 deaths worldwide. Although asbestos regulation is expected to curb future cases of asbestos disease and mesothelioma, experts have seen a rise in asbestos litigation in recent years, suggesting that instances have yet to peak.
Malignant Mesothelioma Compensation
Mesothelioma compensation is designed to provide financial relief to malignant mesothelioma victims faced with the high costs of ongoing mesothelioma treatment and additional health care. Malignant mesothelioma affects a victim’s ability to work and provide financial support for loved ones. Compensation is designed to offset these losses as well as punish those culpable for asbestos exposure.
The determinants for mesothelioma compensation can vary from victim to victim, but tend to include:
- Pain and suffering
- Lost wages
- Medical expenses
- State law
- The defendant(s)
Rather than run the risk of a trial and a potentially crippling verdict, many defendant corporations offer a mesothelioma settlement to victims of the disease. A mesothelioma attorney can determine if the settlement is a fair offer or if a claim should continue to trial.
Your Mesothelioma Lawsuit
If you or a loved one has been injured as a result of asbestos exposure, you may be entitled to receive compensation. The lawyers of Levin, Simes, Kaiser & Gornick are adept at handling asbestos claims. Boasting a team of experienced mesothelioma lawyers who are able to trace cases of the disease to a source of asbestos exposure, the law firm of Levin, Simes, Kaiser & Gornick is dedicated to getting you the financial restitution you so rightly deserve.
Our attorneys are gifted California mesothelioma lawyers who have filed a number of mesothelioma lawsuits in California and across the country. These lawsuits have helped our clients to receive compensation for the devastating illnesses caused by asbestos exposure.
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Levin Simes Kaiser & Gornick, LLP
44 Montgomery Street, 36th floor
San Francisco, CA 94104
Ph: 1.800.901.4001
Fax: 415.981.1270
