Los Angeles Mesothelioma Attorneys

Who Is Legally Responsible For Mesothelioma?

Not all cancer cases give rise to a personal injury lawsuit. Mesothelioma is different because it is highly correlated with asbestos exposure, making it simpler to assess who may be legally responsible for causing your cancer. What follows are some common defendants in a mesothelioma lawsuit.

An Employer

Certain jobs are known to carry a high risk of asbestos exposure, which is why OSHA has enacted regulations to protect workers from asbestos exposure in the workplace. Shipyards, construction sites, and manufacturing plants can all have asbestos present. The electricians, plumbers, demolition workers, pipefitters, and shipyard workers who work there are known to have higher rates of mesothelioma.

Older homes can also have asbestos, which is especially dangerous for remodelers who must remove old materials like insulation. (For many years, home insulation was made of asbestos because it is fireproof.) Finally, miners also have a high rate of asbestos exposure. If you have ever worked in one of these fields prior to developing mesothelioma, consider consulting a lawyer about your possible legal options.

Manufacturers Of Household Products

It might surprise you to learn that there is no widespread ban on asbestos in the United States. While new regulations in the United States have banned the ongoing use of chrysotile asbestos, exposure from legacy products remains a significant risk. The United Kingdom, Australia, Canada, and the European Union have all banned asbestos. American consumers have been receiving warnings about the dangers of asbestos since the 1970s, but even at present, asbestos can be found in certain consumer products.

EPA regulations and state laws have helped to reduce this problem. Still, some manufacturers try to cut costs by using harmful asbestos in their manufacturing processes or final products. It is important for consumers to demand accountability for these actions in order to protect other innocent victims from developing mesothelioma.

Asbestos is common in home building materials, such as:

• Roofing products
• Siding
• Electric wiring
• Paint
• Cement
• Insulation
• Fireproofing materials
• Boilers
• Caulking
• Ceiling tiles

Children can even be exposed to asbestos at school. Older buildings, especially in underfunded school districts, can have asbestos in the building materials. Even chalkboards can contain asbestos. Because mesothelioma in children is rare, it is important to consult with an attorney experienced in mesothelioma torts if your child were to unfortunately develop this especially aggressive cancer.

The Government

Certain military members are also exposed to asbestos in the course of their official duties. During World War II, the Korean War, and the Vietnam War, asbestos was used widely on a large range of military equipment. Aircraft, ships, tanks, and trucks were all fireproofed using asbestos materials. Additionally, military members may still be exposed to asbestos in other countries with looser regulations about dangerous materials.

Some estimates say that nearly one out of every three mesothelioma claims is filed by a military veteran. The VA has set disability benefit amounts for veterans suffering from mesothelioma. Mesothelioma has a 100 percent disability rating, and the monthly benefit may depend on how many dependents the victim has.

This disability is not the only compensation that can be paid. It is also possible to sue the manufacturer of a product that was sold to the military without adequate asbestos disclosures. If the military member dies from mesothelioma, surviving family members can file a wrongful death claim. This claim is generally filed against the manufacturer of the asbestos product, not the military or the U.S. government.

What Am I Owed For A Mesothelioma Case?

For most clients, a key question is how much they can seek in a mesothelioma case. Like other personal injury cases, victims may be able to pursue compensation for specific losses.

Lost Wages

Most cancer patients will lose at least some time from work as a result of their disease. Many are unable to return to work at all. Whether you are out of work for a day, a month, or a year because of your illness, you can seek damages for the wages you would have earned during those absences. You can also include overtime, bonuses, commissions, and other discretionary pay in your claim, so long as your lawyer can demonstrate that you would have earned this income but for your mesothelioma.

Medical Bills

The medical bills for any type of cancer can be astronomical. If a company was legally responsible for causing your cancer, it is also legally responsible for paying your medical bills, including diagnosis, chemo or radiation, consultations with specialists, coordination of care with your primary care doctor, follow-up visits, and ongoing screening to see if the cancer has come back. In military cases, this medical care is provided through the VA.

Pain And Suffering

You can also seek compensation for your intangible losses, including physical pain and discomfort, emotional suffering, missing out on major life events, and other losses that cannot be easily valued with a receipt. These losses are collectively referred to as your “pain and suffering“. As you can imagine, the pain and suffering associated with aggressive cancer is significant. Some patients are awarded compensation for their shortened life expectancy. This grim loss reflects the true level of emotional pain associated with mesothelioma.

Future Losses

Because mesothelioma claims have set statutes of limitation, you might continue to suffer financial losses even after your case is over. Medical treatment can continue for years. You might never be able to return to work, and the physical pain may continue even after your legal case ends. Victims can pursue compensation for their future losses.

Your attorney can collaborate with expert witnesses to estimate the potential value of your future medical expenses and your lost wages in the years to come. Lost wages may include the value of employment benefits, such as an employer’s contributions to health insurance premiums or retirement accounts.

Our skilled Los Angeles personal injury lawyers work with expert witnesses to present your case to a jury, illustrating the value of your anticipated future losses. Personal injury claims are very specific to each unique situation. Every person experiences pain differently. Cancer affects each patient differently, and your case is not exactly like anyone else’s.

It is important to demonstrate the specific losses you have suffered in your unique mesothelioma case. The experienced injury lawyers of Arash Law know how to build and present your case in front of a jury. We can help mesothelioma victims pursue compensation that addresses their losses.