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
