Nadrich & Cohen Accident Injury Lawyers are actively accepting cases involving those who have been diagnosed with mesothelioma after being exposed to asbestos.
We offer contingency fee representation, meaning our services are free unless and until we obtain financial compensation for you. Our only fee is a percentage of your financial recovery.
You may be eligible for financial compensation for your costs of treatment, lost wages, loss of earning capacity, costs for caregivers, travel costs, grief support and therapy costs, funeral expenses in the event of a wrongful death claim, and more.
Call us today at 800-718-4658 for a free consultation if you or a loved one was diagnosed with mesothelioma after being exposed to asbestos. You can also fill out the “Do I Have A Case” form on the right or engage with our live chat.
Am I Eligible To File A Mesothelioma Lawsuit?
You are likely eligible to file a mesothelioma lawsuit if you:
- Can provide medical documentation of a mesothelioma diagnosis;
- Can document your history of asbestos exposure;
- Can meet the statute of limitations.
The statute of limitations for personal injury and wrongful death lawsuits in California is two years, meaning you have two years from the date of injury or death to file a lawsuit. With regards to a mesothelioma personal injury lawsuit, this gives you two years from the date you knew your mesothelioma diagnosis was the result of asbestos exposure to file a lawsuit.
How We Can Obtain Compensation In A Mesothelioma Lawsuit
We have been handling mesothelioma cases for over 30 years, so we are the experts at proving that our clients’ asbestos exposure occurred due to the negligence of others.
Negligence is “the failure to use reasonable care to prevent harm to oneself or to others,” according to California Civil Jury Instructions. Doing what a reasonably careful person wouldn’t do in the same situation is negligent. Failing to do what a reasonably careful person would do in the same situation is negligent. Thus, acting and failing to act can both be negligent.
A reasonably careful company would adequately test their products to make sure their products are safe before manufacturing and/or selling the products on the marketplace. A reasonably careful company would also adequately warn about any dangers associated with their products if they knew or should have known about the dangers.
We believe that companies who manufactured asbestos products knew or should have known their products were dangerous without warning the public about it. We believe they knew or should have known their products were dangerous because they have had plenty of advance notice about the dangers of asbestos. It is this advance notice that can allow us to obtain financial compensation by demonstrating that asbestos exposure was the result of negligence.
It Has Long Been Known That Asbestos Is Dangerous
Asbestos was first noted to be dangerous to human health in 1899 by Dr. Hubert Montague Murray, who, in 1906, became the first to document a death citing asbestos as the cause.
“FIBROSIS OF THE LUNGS DUE TO THE INHALATION OF ASBESTOS DUST” by W. E. Cooke, M.D., was published in 1924 in the British Medical Journal, noting the “case is of importance because it is the first in English medical literature to be definitively proved.” Dr. Cooke notes that a the lungs of 33 year old woman, who worked in asbestos factories for 20 years, were examined after she died.
“An x-ray plate showed extensive fibrosis,” Cooke noted. This was the first asbestosis diagnosis, and Cooke concluded that asbestos was “beyond a reasonable doubt, the primary cause of the fibrosis of the lungs and therefore of death.”
“PULMONARY ASBESTOSIS: A REVIEW OF ONE HUNDRED CASES” was published in The Lancet in 1934. It detailed 100 cases of pulmonary asbestosis.
“The picture of pulmonary asbestosis is that of pneumonoconiosis occurring in a factory in which few precautions had been taken to protect the workers from a danger, the gravity of which was not realised,” it stated.
A 1935 study found that 87 percent of those who worked in the asbestos textile industry for over 15 years had X-ray changes to their lungs.
Reports of lung cancer in workers diagnosed with asbestosis occurred in the mid-1930s in both the United States and the United Kingdom.
Encyclopedia Britannica, in 1940, stated, “There are two known harmful dusts, silica (Silicon Dioxide) and asbestos.”
“Bronchiogenic Carcinoma in Association with Pulmonary Asbestosis” was published in The American Journal of Pathology in 1942. It noted that the two cases of lung cancer associated with asbestosis it presented “bring the total number recorded in the literature to ten.”
H.W. Wedler noted a connection between asbestosis and mesothelioma in 1943. He noted that around 20% of asbestos workers developed cancer.
The American Medical Association stated that asbestos was a known or suspected cause of occupational cancers in 1944 and 1949.
Encyclopedia Britannica, in 1952, noted that “cancers of the respiratory tract… occur in workers who are exposed to… asbestos dust.”
The most important study regarding asbestos and mesothelioma was published in 1960. It detailed 33 cases of mesothelioma; 22 males and 11 females. All but one of the cases were exposed to crocidolite asbestos in a mining area in the Northwest Cape of South Africa.
Studies published in the United States in 1963 and 1964 further established the link between asbestos and mesothelioma.
The National Institute for Occupational Safety and Health, in 1976, published “REVISED RECOMMENDED ASBESTOS STANDARD.” It found that “available studies provide conclusive evidence that exposure to asbestos fibers causes cancer,” and that “mesothelioma, lung and gastrointestinal cancers have been shown to be excessive in occupationally exposed persons, while mesothelioma has developed also in individuals living in the neighborhood of asbestos factories and near crocidolite deposits, and in persons living with asbestos workers.”
Strict Liability: Failure To Warn
We believe companies who manufactured and/or sold asbestos despite a mountain of evidence demonstrating its dangers were negligent, but they don’t have to be found negligent to be liable for damages caused by their asbestos in California. Companies in California are strictly liable for damages caused by their products when they know or should know their products are dangerous and fail to warn about the product’s dangers.
We may be able to obtain financial compensation for you by holding companies strictly liable for their failure to warn about the dangers of asbestos.
Who Gets Sued In A Mesothelioma Lawsuit?
Companies who manufactured and/or sold the asbestos products which led to a mesothelioma diagnosis are typically the defendants in a mesothelioma lawsuit. Lawsuits typically accuse these companies of negligence and failure to warn.
Employers are sometimes sued for negligence when it can be proven they knew or should have known they were exposing their employees to asbestos without warning the employees or doing anything to stop the exposure.
Mesothelioma Claim Types
The two primary types of mesothelioma claim types are personal injury claims and wrongful death claims.
Those who injure others via negligence are liable for those injuries in California. Personal injury claims are often filed against companies who provided raw asbestos, asbestos product manufacturers and negligent employers.
Wrongful death mesothelioma claims are filed by family members on behalf of loved ones who died from mesothelioma after being exposed to asbestos.
Why Should I Hire Mesothelioma Lawyers?
Mesothelioma is a deadly and expensive disease. A mesothelioma settlement or lawsuit award can help mesothelioma patients and their families to cover long-term medical treatment expenses, lost income, travel expenses, pain and suffering and more. A mesothelioma settlement or lawsuit can also help the families of those who have died from the disease to pay for outstanding funeral costs or medical bills, provide financial security to families who are grieving and replace any lost household income.
The average mesothelioma settlement is typically in excess of $1 million and the typical mesothelioma trial verdict award is typically around two and a half million dollars. One mesothelioma verdict involved a $250 million award.
You won’t be able to obtain a fair settlement without experienced mesothelioma lawyers on your side because the asbestos companies and their insurance companies won’t respect you without a lawyer. They can afford good lawyers, so they’ll dare you to take them to court without a lawyer, knowing you can’t win that battle.
Asbestos companies and their insurance companies don’t just respect Nadrich & Cohen Accident Injury Lawyers, they fear us. They fear us because they know we are the experts at proving that our clients’ injuries were caused by the negligence of others, so they virtually always settle out of court with us for the full, fair value of our clients’ damages.
Call us today at 800-718-4658 for a free consultation to find out why we’ve been able to recover over $350,000,000 on behalf of clients since 1990. We can obtain justice for you by helping you hold accountable those whose negligence caused you or your loved one to be exposed to asbestos. You will not be charged a fee until and unless we obtain a recovery. You can also email us at info@personalinjurylawcal.com or talk with our live chat.
