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The experienced Los Angeles mesothelioma attorneys at our award winning personal injury law firm are here to help. Our legal team has experience handling personal injury, toxic tort, and workplace exposure claims. What follows are the answers to some common questions our toxic tort lawyers get asked about mesothelioma.
Verdict in a mild traumatic brain injury case involving a motor vehicle collision.– JUDD ROSS ALLEN
The mesothelium is a layer of body tissue that surrounds many critical organs. Mesothelioma is any cancer that grows in this tissue. It can grow in the tissue around the lungs, which is known as pleural mesothelioma. The Mayo Clinic reports that patients might show symptoms of chest pain, painful coughing, shortness of breath, or even lumps under the skin of the chest.
Mesothelioma can also grow in the lining of the abdomen. This condition is called peritoneal mesothelioma, and it is usually identified by pain or swelling in the abdomen. In rare cases, mesothelioma can even grow in the lining around the heart, called pericardial mesothelioma. There are many secondary diseases that a person can develop as a result of mesothelioma.
Pleural mesotheliomas can contribute to fluid buildup in the lungs or even collapsed lungs. Patients might also develop infections in the affected area of the body. Pain and discomfort are almost universal in these cases, which, in turn, causes many patients to experience anxiety and depression. If a defendant is legally responsible for causing your mesothelioma, they are also responsible for conditions that occur as a result of the cancer.
According to the Mayo Clinic, asbestos exposure is the primary risk factor for developing mesothelioma. Genetics play a role, and you might also be at increased risk from radiation exposure, but these cases are rarer than mesotheliomas caused by asbestos exposure. A person can be exposed to asbestos in certain high-risk jobs.
Building codes have banned asbestos for many decades now, but it is still possible to be exposed to asbestos in an older home. And even if you personally have not been exposed to asbestos, you could develop mesothelioma simply by living with someone who works with asbestos on a regular basis.
Certain jobs are known to carry a high risk of asbestos exposure, which is why PSHA 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, be sure to contact a lawyer about your legal rights.
It might surprise you to learn that there is no widespread ban on asbestos in the United States. 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 today, 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 hold them accountable for these actions in order to protect other innocent victims from developing mesothelioma.
Asbestos is common in home building materials, such as:
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. Even today, military members may 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 will depend on how many dependents you have.
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 U.S. government.
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 is certainly not over just because your legal case is. Victims are entitled to compensation for their future losses.
Your attorney can hire expert witnesses to estimate the value of your future medical expenses and your lost wages in the years to come. Lost wages 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 know how to use expert witnesses effectively in order to prove to a jury the value of your 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 prove the specific losses you have suffered in your unique mesothelioma case. The experienced injury lawyers of Arash Law headed by Arash Khorsandi, Esq. know how to prove losses to a jury in a compelling way. We fight hard to ensure that mesothelioma victims get all the compensation they are legally owed.
Workers are entitled to compensation for any illness or injury that occurs in the workplace, including long-term illness, such as mesothelioma that grows over time. Workers who develop mesothelioma due to asbestos exposure at work often have the right to file a workers’ compensation claim against the employer. Workers’ compensation offers benefits for medical bills and a set portion of your lost wages. It does not pay for all of your lost wages, and it offers no coverage for pain and suffering, which is why it is important to explore other legal claims you may have.
As we have discussed, household products are one of the most common sources of asbestos exposure. Consumers in the United States are protected by products liability laws. These laws require manufacturers to make products that are safe for their intended use.
If someone is injured because the product is defective (for example, by containing asbestos), then the manufacturer is legally responsible for compensating the victim for their losses. Products liability follows a harsh rule of “strict liability,” meaning that the victim does not have to prove that the manufacturer was negligent.
So long as the product was being used as intended, the manufacturer is liable. Products liability claims can be filed against companies that make products found in the house, on a dangerous worksite, or military equipment.
The best mesothelioma law firm in the City of Angels is Arash Law founded by Arash Khorsandi, Esq. Search online for a “mesothelioma lawyer near me” to see some of our many reviews from satisfied clients. Our experienced mesothelioma attorneys have decades of experience handling personal injury cases. We have collected over 500 million dollars for clients across the state.
Our skilled legal team serves clients in Los Angeles, the San Fernando Valley, Toluca Lake, Pasadena, Beverly Hills, Malibu, Glendale, Calabasas, Brentwood, Culver City, Marina del Rey, El Segundo, Rosemead, and throughout the entire L.A. metropolitan area. We are close by wherever you live in Los Angeles.
Clients all across the Golden State trust our team to protect their legal rights, and we will fight hard for you, too. Call (888) 488-1391 to schedule your free consultation. Don’t wait to get legal advice. The sooner you have an experienced Los Angeles mesothelioma attorney fighting on your side, the better protected your legal rights will be.
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