We can help you file your Asbestos Lawsuit in California. Deciding to file your Asbestos Lawsuit is the most important first step in the legal process. An experienced California Asbestos lawyer can help you file a lawsuit against asbestos companies to get you reparations for wrongful death, future medical expenses, pain and suffering, loss of spousal support, loss of parental care, and loss of income associated with a diagnosis of Mesothelioma and asbestos-related cancers.
California courts have determined that Asbestos companies and employers can be held liable for injuries that developed as a result of exposure to asbestos-containing products. Multi-Million dollar verdicts are being handed down by California courts against asbestos companies who knew as far back as 1920 of the risks associated with breathing deadly asbestos fibers.
Most Mesothelioma victims are given 12-18 months to live after being diagnosed. Under California law, Asbestos victims and their families are eligible to file a lawsuit against negligent asbestos companies to recover compensation for their damages.
Always remember that time is of the essence when filing an Asbestos Lawsuit. Asbestos Lawsuits in California have strict Statutes of Limitations to file your case after diagnosis.
Asbestos Lawsuit – Settlements
The value of your Asbestos Lawsuit will depend on how many asbestos-containing products you were exposed to, the number of defendants (asbestos companies) available, your age, earning capacity and overall health. Mesothelioma and Asbestos cancers are clearly linked to asbestos exposure.
There is a long history of asbestos companies lying, deceiving, cheating and conspiring to conceal the dangers of asbestos exposure from their workers. It is a documented fact that many asbestos companies knowingly kept their workers in the dark and misled them about safety measures that could have prevented them from getting Mesothelioma and other asbestos-related diseases. A Asbestos diagnosis brings financial stress, loss of income, medical expenses, and treatments that may not covered by health insurance. Filing an Asbestos Lawsuit can help with these added expenses.
Asbestos Lawsuit – Burden of Proof
The burden of proof in a Asbestos Lawsuit is the responsibility of the person suffering from Mesothelioma (the plaintiff) to provide the documentation and information about their diagnosis and past exposure to asbestos-containing products. A Mesothelioma diagnosis alone does not implicate an old employer.
The main question that will determined in a Asbestos Lawsuit is the risk of exposure where you were exposed. There must be a clear link between the employer, a product and a diagnosis. The laws regarding liability in an Asbestos Lawsuit are very complex. Many of the original asbestos manufacturers have declared bankruptcy, changed their names, moved out of the U. S. or gone out of business. An Asbestos lawyer can help indentify which asbestos-containing products you were exposed to and which defendants you can file your Asbestos Lawsuit against.
Before the petition/complaint is filed, your Asbestos lawyer will meet with you to document your medical and work history. You will be asked for your medical records, social security records, and work history records. You may also be asked to take other medical tests or be seen by an Asbestos specialist to help with your case. Once your lawyer has gathered all the facts of your case a petition/complaint will be filed with the court.
After the petition/complaint has been filed, the asbestos company’s lawyers will have a right to see your medical records, your work history records, supporting documents and may choose to interview you through depositions. Your lawyer will always be there to help you and will advise you on the legality of the questions that are asked by the asbestos company’s legal team and whether or not you have to answer them.
Asbestos Lawsuit – The Legal Process
An Asbestos Lawsuit begins when your lawyer files the petition/complaint with the court in California and a copy of the petition/complaint is served to each defendant listed in the case. Each asbestos company (defendant) then has a specified amount of time (usually within 30-60 days) in which to present an answer to the court where your petition was filed.
Once the defendant’s answers are filed with the court a trial date will be set. The trial date will depend on the court calendar and the backlog of cases. Usually a trial date is set for a few months from the filing date. In many states that involve a living plaintiff suffering with malignant Mesothelioma they are moved to the front of the line of the court calendar.
As your trial date approaches lawyers for both sides will begin negotiations for a settlement that works for sides. Your Asbestos lawyer will bring you any settlement offers from the asbestos companies and counsel you on whether or not to take an offer. Many Mesothelioma and asbestos-related cases are settled out of court before the trial begins, but many are not.
Filing an Asbestos Lawsuit
A settlement from an Asbestos Lawsuit can help cover the high medical costs and medical care for your asbestos treatment. An Asbestos Lawsuit can be filed by any person who has been diagnosed with an asbestos related disease from exposure to asbestos. In the event that the person passes away from an asbestos cancer a wrongful death lawsuit can be filed by family members or the executor of the deceased’s estate.
Asbestos Lawsuits are filed in multiple states in which you have the best chance of success and where you are likely to get the highest settlement. If a case goes through to trial, it will receive a jury verdict that could be appealed by the asbestos company’s named in your complaint.
Asbestos Lawsuit - Asbestos Bankruptcy Claims
In past 40 years more than 6,000 asbestos companies and manufacturers have been named in asbestos related claims by more than 800,000 asbestos exposure victims. Mesothelioma and other asbestos related cancers can have a latency period of 10 to 50 years.
During this time many asbestos companies have filed for bankruptcy protection. As part of their bankruptcy reorganization these asbestos companies have set aside funds for future asbestos victims in trust funds. Today it is estimated that about 20 billion dollars are in Asbestos Trust Funds. Typically, settlements from Asbestos Bankruptcy Funds are smaller than cases that are brought to trial.
Asbestos Lawsuit - Representation Fees
Asbestos Lawsuits are very expensive to bring to trial. If an asbestos lawyer asks you for money to help with expenses for your case you should run the other way. All Mesothelioma and asbestos-related cases are “contingency-based cases”. This means no out of pocket expenses to you or your family. Mesothelioma lawyers earn their money by winning your case against asbestos companies. They do not get paid unless you get paid.
When a settlement is reached, your lawyer is paid a contingency fee or percentage of the settlement, which is compensation for their time, travel, and other expenses incurred during your Asbestos case. Usually it ranges from 33-40% of the total compensation amount after deducting the expenses. Be sure to discuss the matter of fees and payments that the contingency fees covered with your lawyer. This will save you any problems or questions that might occur later.
Asbestos Lawsuit - Free Consultation
Our experienced asbestos Lawyers offer you a free no-obligation consultation to determine the merits of your case. During this time, the attorney will be able to access your case and determine your chances for filing a successful Asbestos Lawsuit. It’s important that you are honest with your asbestos attorney and that you provide as much information as possible regarding your work history, asbestos exposure and current medical condition. During this time your lawyer will explain the legal process to you as it applies to asbestos claims and inform you as to what your expectations should be for a successful outcome.
Victims in Mesothelioma & Asbestos-related lawsuits are entitled to damages including:
The value of your case will depend on how many asbestos-containing products you were exposed to, the number of identifiable defendants that still exist, your earning capacity and your age.
California Mesothelioma Lawyer
Residents and workers throughout California were exposed to deadly asbestos dust and fibers with highest exposure years being 1940-1980. Mesothelioma and other asbestos-related cancers are diagnosed 10-50 years after your initial exposure. Many asbestos-containing products were used in California state buildings, commercial buildings, factories, manufacturing plants, and residential buildings.
Millions of California workers and veterans were exposed to asbestos on construction jobsites, auto plants, power plants, shipyards, oil refineries, chemical plants, aluminum plants, steel mills, paper plants and asbestos manufacturing plants. For many American workers, the exposure went on for many decades. Millions of unsuspecting California workers went to work every day for years not knowing that they were being exposed to deadly asbestos fibers that would kill them decades later.
If you or a family member has been diagnosed with Mesothelioma or an asbestos related cancer in California we can help you start a Asbestos Lawsuit against asbestos companies responsible for your injuries. Our nationwide Mesothelioma lawyers will come to you. Call our Mesothelioma Hotline Toll Free at 800.291.0963.
We have been working with California Mesothelioma lawyers for more than 10 years.
Need a Mesothelioma Lawyer in California?
Things you need to know about Asbestos Lawsuit By State California:
How we help can you today:
Victims in Mesothelioma & Asbestos-related claims are entitled to damages including:
Many Mesothelioma and Asbestos-related claims cases can be resolved without the expense and trauma of going into a courtroom. But some cannot. We help get your case resolved to your satisfaction, in or out of court, as quickly and painlessly as possible. We are here to help your family sort through the legal issues resulting from a diagnosis of Mesothelioma Cancer.
We welcome your questions, and we promise to return your calls within 24 hours. That’s our Guarantee.
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