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A Beginners Guide to Mesothelioma Law

mesothelioma lawMesothelioma law may seem daunting at first.  Basically though, if you want to know only one thing about mesothelioma law, let it be this:  California has some of the most powerful mesothelioma laws in the country when it comes to winning justice for victims of asbestos exposure.  And all mesothelioma patients are victims of asbestos exposure.  It is the only cause of mesothelioma, a vicious cancer that at present has no cure.

Mesothelioma Law in California Not Limited to Californians

Also important to know is that mesothelioma law in California can be open to anyone suffering from mesothelioma. The laws are structured so that you do not have to be a California resident to file a mesothelioma lawsuit here.  Nor do the companies named in your lawsuit have to have offices or businesses here.

However, as in every other state, California mesothelioma law has a statute of limitations.  That means you have a limited amount of time to file a lawsuit.

California’s Mesothelioma Law Favorable Statute of Limitations

California mesothelioma law stipulates that if you are diagnosed with mesothelioma or another asbestos-related disease, you have one year to file a lawsuit from the date you were first disabled from your usual work; and if you are retired, there is no time limit. If a mesothelioma patient dies before a suit can be filed, the family has one year from the date of death to file a lawsuit. This is similar to the statute of limitations for mesothelioma lawsuits in most other states.

Because mesothelioma can be dormant for many decades and not cause symptoms until near the end stages of the disease, it is sometimes difficult for people to immediately pinpoint where and how they were exposed to asbestos. Cruelly, in some states the statute of limitations can run out before that information can be pieced together.  California mesothelioma law makes it possible to get a lawsuit started following a mesothelioma diagnosis using a fictitious or made-up name for the responsible entity.  Then you do not lose your chance to seek justice.  Your attorney will simply amend the lawsuit with the correct name when they discover that information for you.

3 Facts to Remember About California Mesothelioma Law

California is on your side. Here’s why:

  1. California mesothelioma laws are among the best in the U.S. for asbestos victims.
  2. You do not need to be a California resident or sue a California company to file an asbestos lawsuit here.
  3. California has a very generous statute of limitations law. Unlike most other states, here you can get your suit started even if you have not yet identified who or what is responsible.

If you think you may have mesothelioma immediately make an appointment to get a physical exam. You cannot move forward with a mesothelioma lawsuit without an official mesothelioma diagnosis.

If you have been diagnosed with mesothelioma immediately contact an attorney to help you initiate a lawsuit. The clock may be ticking.   The rapid progress of the disease itself means you want to get started quickly.

If you think you cannot afford the costs of a lawsuit stop worrying and call a mesothelioma lawyer. A good mesothelioma lawyer, like the ones at our firm, will not charge you a cent unless they win compensation for you. We will not bill you for investigating whether you have a case that will stand up in court and we will not take your case unless we believe we can win it.  And your first consultation should always be free; it is with us!

If you are too ill to travel you should still consider filing your mesothelioma lawsuit in California where the law about asbestos is amongst the strictest anywhere.  Your asbestos lawyer should travel to where you are to meet with you to discuss your case. That is what we do.

If you are wondering how large a settlement or verdict you will receive please back away from any lawyer who quotes you any numbers.  Many factors related to your individual case determine any settlement or verdict amounts. Be suspicious of anyone willing to cite amounts at your first meeting. You can explore a range of verdicts and settlements on our website.

If you are concerned about time, you are correct. A mesothelioma lawsuit is a race against time given the rapid progress of the disease at the stage when symptoms emerge. That is why it is more important to hire mesothelioma lawyers who are experienced and can move a case quickly to court than to go with someone who happens to be local.

Mesothelioma Law:  A Triumph over Adversity

Mesothelioma law was partly created in California and Kazan Law founding partner Steven Kazan played a pivotal role.

Through most of the industrial age, corporations and businesses were able to knowingly sacrifice their workers’ lives for profit by exposing them to asbestos in products and machinery.  They essentially got away with murder.

That started to change in 1966. An attorney named Ward Stephenson filed a case on behalf of a worker with asbestosis against eleven manufacturers of asbestos-containing insulation products, including Johns-Manville, Fibreboard and Owens Corning Fiberglas.  In 1969, the manufacturers won. A few months later, Mr. Stephenson filed a similar lawsuit for another worker. This time he won. The manufacturers appealed. By 1974, Mr. Stephenson’s victory over corporate greed was upheld. But sadly he had died the year before. Nonetheless, the torch had been passed and asbestos lawsuits began to be filed in other states.

In California, in 1974, Steven Kazan filed a precedent-setting lawsuit against Johns-Manville on behalf of a sickened worker at their Pittsburg CA plant. Instead of allowing the case to be shunted off to Workers Compensation, Kazan successfully argued that the company executives should not be shielded from conspiracy and fraud charges. He won the case and forged a new path into mesothelioma law as a specific specialty area.  He continues to this day, along with his partners and associates, to fight against big companies on behalf of innocent people wrongfully and willfully exposed to asbestos.

 

 

 

 

 

 

 

 

 

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