San Diego Mesothelioma Attorneys
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Our San Diego Mesothelioma Attorneys Offer Legal Help For Life-Changing Moments
Mesothelioma is caused by asbestos exposure. It is frightening that many people who have been exposed to asbestos do not know it. It used to be normal to use asbestos for various purposes across the country for more than a century. Business owners utilized asbestos because of its great insulating and fireproofing characteristics.
However, they were unaware that exposure to asbestos was directly linked to developing diseases like asbestosis, mesothelioma, and other cancers. People are diagnosed with mesothelioma each year, even in modern times. It can be a fatal condition, and if you have been diagnosed with this after exposure to asbestos, you may have legal options for compensation. It may be challenging to pursue compensation on your own. It is advisable to get legal support from attorneys.
If you have been diagnosed with mesothelioma after asbestos exposure, call our San Diego mesothelioma attorneys. Our lawyers have decades of experience assisting our clients in their claims. We are prepared to help you. Call our firm at (888) 488-1391 or complete our “Do I Have A Case?” form to schedule a free initial consultation with one of our legal professionals.
April 2019: $14M settlement in a traumatic brain injury case involving a defective piece of equipment at a factory.– Brian Beecher
What Is Mesothelioma?
Mesothelioma is a lung disease that is typically caused by exposure to asbestos. This condition has a severely negative effect on a person’s body. It is a rare type of cancer and an extremely dangerous condition. On average, there are only around 3,000 people diagnosed with mesothelioma across the country each year.
Typically, mesothelioma does not have a good survival rate because the disease progresses slowly. It can take anywhere from ten to 50 years for symptoms to begin to develop. It can be challenging to prove your case when symptoms develop decades after exposure to asbestos.
Mesothelial cells are a type of cell that forms a protective barrier inside a person’s body and surrounds most of a person’s major internal organs. These cells assist in the movement of fluid and other vital materials as they move through the body. They help the body function properly and provide a layer of protection inside a person’s body. If the mesothelial cells divide and spread uncontrollably, the cells will create tumors and will infiltrate the nearest or distant sections of the body.
It affects the mesothelial cells that line the inside of the chest. Mesothelial cells form a protective barrier inside a person’s chest and major internal organs. As mesothelioma progresses, a person’s vital organs are affected. The internal organs that the disease damages include the chest, the area around the heart, the person’s abdomen, the stomach, and other organs that are lined by a layer of specialized mesothelial cells.
Symptoms of mesothelioma include:
- Abdominal pain
- Shortness of breath
- Chest pain
- Cough
- Pneumonia
- Bowel obstruction
- Fever
- Difficulty swallowing
- Pain in the face and neck
What Is Asbestos?
Asbestos is a group of mineral fibers that can be found in various products, soil, and rocks. Asbestos was used by business owners for insulation and fireproofing across the country until the late 1970s. Business owners put their employees at risk by exposing them to asbestos in the workplace for decades, and the risk continues.
In addition to mesothelioma, asbestos exposure also causes the following illnesses:
- Lung cancer
- Non-cancerous lung conditions
- Asbestosis
- Ovarian cancer
- Laryngeal cancer
- Colon cancer
- Stomach cancer
- Pharyngeal cancer
- Kidney cancer
- Hyaline
- Pleural plaques
- Pleural effusion
- Chronic obstructive pulmonary disease (COPD)
- Atelectasis
- Peritoneal effusion
- Pericardial effusion
During the time that it was widely used, asbestos was inhaled by many people during construction, house repairs, renovations, and deconstruction projects. Asbestos particles enter the air when a business uses an asbestos-containing product. Mesothelioma and other asbestos-related diseases are caused when asbestos particles adhere to a person’s lungs. The adhesion poses a major health risk to an exposed person. Mesothelioma can develop with only a small amount of exposure to asbestos.
Asbestos can be found in:
- Roofing shingles
- Floor and ceiling tiles
- Auto parts
- Paper products
- Cement products
- Heat-resistant products
- Packaging
- Gaskets
- Coatings
If you have been exposed to asbestos, you may be able to pursue compensation. Consider consulting our injury firm at (888) 488-1391 to schedule a free initial consultation.
What Is The History Of Mesothelioma?
The first known case of cancer caused by asbestos exposure was found in 1767 in France.
The term mesothelioma was coined in the 1920s. By the 1940s, scientists began to link asbestos to mesothelioma. There was a surge in mesothelioma diagnoses from the 1970s to the 1990s. According to the American Cancer Society, the rate of mesothelioma diagnoses has leveled off since the rise in the 1970s to 1990s.
Causes And Symptoms Of Mesothelioma
Most new mesothelioma patients are men. Eight out of ten mesothelioma cases are caused by exposure to asbestos. There does not have to be prolonged exposure to asbestos. There are some reported cases when people contracted the disease after only a few moments of exposure.
Asbestos fibers tend to linger in the bodies of those who are exposed for decades. An employee may breathe in fibers without realizing it. Some employees even bring asbestos fibers home on their clothes and expose their families to the dangerous fibers. Some jobs are more at risk than others. Jobs with high rates of mesothelioma deaths include:
- Pipelayers
- Plumbers
- Pipefitters
- Steamfitters
- Electricians
- Machinists
- Insulation Workers
- Welding, Soldering, and Brazing Workers
San Diego Asbestos Exposure Sites
There are many locations in San Diego that still have an asbestos problem, even though asbestos has not been in use across the United States since the late 1970s. Well-known asbestos exposure sites include:
- Shipyards and shipbuilding companies.
- Power plants and electrical facilities.
- Military bases, such as those of the U.S. Navy and Marine Corps.
- Manufacturing and fabrication.
What Are The Types Of Mesotheliomas?
Mesothelioma may take more than 30 years to develop. The average age of a person who is diagnosed with mesothelioma is 72. There are four common types of mesotheliomas, and the survival rates and symptoms vary depending on the area of the body where the mesothelioma is found. Mesothelioma can develop in different areas of your body. The four types of mesotheliomas are:
Pleural Mesothelioma
- This type of mesothelioma develops in the lungs.
- Three-fourths of all mesothelioma cases are pleural mesothelioma.
- Symptoms of pleural mesothelioma include those of lung cancer. Some symptoms of pleural mesothelioma include shortness of breath, chest pain, and a painful cough.
- Survival rates of pleural mesothelioma include a five-year survival rate of 20 percent if the disease is caught early. If the cancer is more advanced, then the typical survival rate is 8 percent.
Peritoneal Mesothelioma
- This type of mesothelioma is typically found in the lining of the abdomen.
- Peritoneal mesothelioma is believed to be caused by ingesting fibers of asbestos strands. Ingestion of asbestos fibers causes a tumor to grow in the abdominal lining.
- Peritoneal mesothelioma accounts for 10-15 percent of mesothelioma cases.
- Symptoms of peritoneal mesothelioma include stomach, intestinal, or other abdominal pain, as well as swelling and nausea.
- The survival rate of peritoneal mesothelioma is 26 percent if the disease is caught in the early stage. If the disease is caught in the more advanced stage, it is 11 percent.
Pericardial Mesothelioma
- This type of mesothelioma is found in the lining of the heart.
- Pericardial mesothelioma is a very rare form of mesothelioma.
- There are only 200 reported cases in medical textbooks.
- Most cases of pericardial mesothelioma are only detected upon autopsy.
- Less than 1 percent of mesothelioma cases are pericardial mesothelioma.
- Symptoms of pericardial mesothelioma include chest pain, difficulty breathing, cough, and irregular heartbeat.
Testicular Mesothelioma
- Testicular mesothelioma is the least common type of mesothelioma.
- There have only been 100 cases reported in the medical literature.
- Symptoms of testicular mesothelioma include swelling of the scrotum and lumps in the testicles.
- Survival rates of testicular mesothelioma are unknown because there is little scientific research on patients diagnosed with this type of cancer.
It can be challenging to justify your damages in a mesothelioma case. Many people who suffer from the above symptoms do not relate their pain to their exposure to mesothelioma. Since many people do not know that their exposure caused the illness, they may not seek treatment. Diagnoses can happen decades after exposure to asbestos, which drives survival rates down.
If you or a loved one has been exposed to mesothelioma and has been diagnosed with one of the common forms of mesothelioma, our San Diego lawyers can help.
Manjarrez v. Global Paratransit (settled on 5/9/2019) – settlement involving a client who was struck by a vehicle and paralyzed from the waste down as a result. In addition to the $2.5 million workers’ compensation settled, Arash Law also obtained a $5,250,000 policy limit settlement on his behalf in the personal injury case.– Tina Eshghieh
How Do Mesothelioma Lawsuits Work?
After you realize that you or a loved one was harmed by asbestos exposure and developed mesothelioma or another asbestos-related disease, consider consulting a qualified San Diego mesothelioma attorney. You can call us to discuss your options with an experienced San Diego personal injury attorney.
There are two types of lawsuits that plaintiffs file in an asbestos-related claim. Asbestos cases are either personal injury claims or wrongful death claims. The person exposed to asbestos who subsequently developed an illness after the exposure files a personal injury case. A family member who lost a loved one due to mesothelioma files a wrongful death claim.
A personal injury lawsuit allows an injured person to pursue compensation for their medical costs, lost income, pain and suffering, and other economic and non-economic damages. A wrongful death suit allows surviving family members to seek damages caused by the loss of a family member. Wrongful death damages include:
- Loss of the deceased’s financial support and benefits.
- Funeral and burial expenses.
- The value of the deceased’s household services.
- Loss of consortium.
- Loss of the decedent’s care, companionship, comfort, support, affection, society, and moral support.
- Loss of the deceased’s training and guidance.
There can be additional compensation to be pursued by surviving family members under the state survival action. Because of the way that the deceased died, compensation may be available under this law.
It can be challenging to navigate the legal process, whether you are the injured person or you have lost someone you love. Legal representation may be necessary. Our lawyers can help seek compensation for injuries. Call us at (888) 488-1391 or visit us online to schedule a case evaluation.
What Is The Process To File A Lawsuit?
Start by hiring a San Diego mesothelioma attorney. Consider hiring legal representation to advocate for your interests. An experienced attorney can help you pursue compensation for mesothelioma-related expenses or wrongful death claims.
Review and prepare your case with your attorney. During the case, you will work closely with your attorney. You will tell your attorney about your medical conditions, give them copies of your medical records and bills, talk to them about your lost income, and provide records of your financial losses.
Settlement negotiations begin the process of resolving the case. Your attorney will be your voice with insurance companies and defense lawyers. If your case cannot be satisfactorily settled, then your attorney can consider filing a lawsuit. If you proceed with this, you and your team will have performed a lot of legwork before the lawsuit is filed. Your lawyer will file the personal injury lawsuit or wrongful death suit on your behalf against all defendants in the proper court.
The defendant or defendants will file a response. The response that the defendants file is called an answer. In most states, the defendant has thirty days from the date they are served with the complaint to file an answer with the court. In their answer, they will admit or deny each of your allegations. If they choose to file a motion to dismiss or other motions under the rules of civil procedure, they will do so before submitting a formal answer. Be prepared for the defendant to deny liability. It is typical for defendants to deny liability, although they may not always do so.
Many mesothelioma cases do not go to trial. However, although it is typical for cases to settle, the process can still take a long time. It may take over a year for a mesothelioma lawsuit to be settled.
If the case cannot be settled, it will proceed to trial. The case will go to trial if the parties cannot reach a satisfactory settlement. Trials can be especially stressful for plaintiffs who are suffering from mesothelioma because of the aggressive nature of the disease. These kinds of cases can last for many years. There are many personal injury cases and wrongful death cases on the court’s docket.
Once the trial is completed, the court will reach a verdict. Trials come with risk because a jury or judge must be convinced of your harm and that the defendant or defendants are responsible for your injuries. If the fact finder isn’t convinced of either of these things, you may not be able to recover any money for your injuries.
After a trial, both sides have the right to appeal the decision. If the defendant company loses the case, it is reasonable to expect the company to appeal the court’s ruling. Companies may argue against a judgment that requires them to pay for your injuries.
What Is The FELA?
The Federal Employee Liability Act (FELA) is a legislation enacted by Congress in 1908 to protect railroad workers and provide them with compensation for injuries sustained on the job. During this time in history, railroad workers also inhaled a lot of asbestos. It can take decades for asbestos-related diseases to manifest.
If you or a loved one developed an asbestos-related illness linked to railroad work, you may explore your legal options under FELA or through other available claims. You may contact Arash Law if you want guidance on how these cases are handled and what steps you can take next.
Asbestos Trust Funds
The effects of asbestos have been known since the late 1970s, since the negative effects have been known nationwide, asbestos trust funds have been created to care for employees who have been affected by asbestos exposure. Speak to a San Diego mesothelioma attorney about your options and potential rights to asbestos trust funds. Active asbestos trust funds include:
- A & I Corporation Asbestos Bodily Injury Trust
- A-Best Asbestos Settlement Trust
- Acands Asbestos Settlement Trust
- API, Inc. Asbestos Settlement Trust.
- Armstrong World Industries Asbestos Personal Injury Settlement Trust.
- Artra 524(G) Asbestos Trust
- Asarco LLC Asbestos Personal Injury Settlement Trust.
- Babcock and Wilcox Company Asbestos Personal Injury Settlement Trust.
- Bartells Asbestos Settlement Trust
- Brauer 524(G) Asbestos Trust
- Burns and Roe Asbestos Personal Injury Settlement
- E. Thurston and Sons Asbestos Trust.
- Celotex Asbestos Settlement Trust
- Combustion Engineering 524(G) Pi Trust
- Congoleum Plan Trust
- Dii Industries, LLC Asbestos Pi Trust
- Eagle-Picher Industries Inc. Personal Injury Settlement Trust.
- Federal-Mogul US Asbestos Personal Injury Trust, Fel-Pro Subfund.
- Federal-Mogul US Asbestos Personal Injury Trust, FMP Subfund.
- Federal-Mogul US Asbestos Personal Injury Trust, Turner & Newall Subfund.
- Federal-Mogul US Asbestos Personal Injury Trust, Vellumoid Subfund.
- Flintkote Company and Flintkote Mines Limited Asbestos Personal Injury Trust.
- G-I Asbestos Personal Injury Trust
- K. Porter Asbestos Trust
- T. Thorpe Company Successor Trust.
- T. Thorpe Settlement Trust
- Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Trust.
- Keene Creditors Trust
- Lummus 524(G) Asbestos Pi Trust
- Lykes Tort Claims Trust
- Manville Personal Injury Settlement Trust
- Motors Liquidation Company Asbestos Pi Trust
- Ngc Bodily Trust
- North American Refractories Company Asbestos Personal Injury Settlement Trust.
- Owens Corning Fireboard Asbestos Personal Injury Trust, Fireboard Subfund.
- Owens Corning Fireboard Asbestos Personal Injury Trust-Owens Corning Subfund.
- Pittsburgh Corning Corporation Asbestos Pi Trust
- Porter Hayden Bodily Injury Trust
- Quigley Company, Inc. Asbestos Pi Trust.
- Raytech Corporation Asbestos Personal Injury Settlement Trust.
- Shook and Fletcher Asbestos Settlement Trust
- Stone and Webster Asbestos Trust
- Swan Asbestos and Silica Settlement Trust
- H. Agriculture and Nutrition, LLC Asbestos Personal Injury Trust.
- Thorpe Insulation Company Asbestos Personal Injury Trust.
- The United States Gypsum Asbestos Personal Injury Settlement Trust.
- The United States Mineral Products Company Asbestos Personal Injury Settlement Trust.
- UNR Asbestos Disease Claims Trust
- Utex Industries, Inc. Successor Trust.
- R. Grace and Co. Asbestos Personal Injury Settlement Trust.
- Western Asbestos Trust
- Plibrico 524(G) Trust
How Can A San Diego Mesothelioma Attorney Help Me?
Our San Diego mesothelioma attorneys help clients across the city seek compensation following a mesothelioma diagnosis related to asbestos exposure. It is advisable to contact an attorney when you are hurt. Our attorneys use a holistic approach when representing our clients. We help by finding medical professionals who can treat your condition and serve as medical experts during the negotiation stage and at trial. A mesothelioma attorney will also be your voice at depositions, mediation, and trial. Having an attorney for your mesothelioma case gives you insight into the litigation process that you may not have had access to before hiring an attorney.
Discuss Your Case With A Skilled San Diego Mesothelioma Attorney
If you have been diagnosed with mesothelioma after asbestos exposure, our San Diego lawyers can help address your legal needs. We have years of experience representing injury clients from all over the state. Some of the areas we serve include Riverside, San Francisco, San Jose, San Diego, Sacramento, and Sherman Oaks.
Reach out to Arash Law at (888) 488-1391. Alternatively, use our easy online intake form to schedule your no-cost initial consultation with our experienced mesothelioma attorneys.
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