mesothelioma attorney california
The nationally recognized mesothelioma law firm Early, Lucarelli, Sweeney & Meisenkothen accepts asbestos-related cases in California. Our attorneys have represented clients affected by mesothelioma in more than 130 California cities and towns, from San Diego to Los Angeles to Redding.
Our lawyers are skilled in California-specific litigation, legislation, and liability issues. Furthermore, we know how to help mesothelioma victims in the Golden State receive compensation in a timely manner. Through our experience, we have become familiar with the large number of asbestos companies in California, and we understand how their operations have led to long-term disabilities and deadly diseases such as mesothelioma.
Filing Mesothelioma Lawsuits in California
In general, mesothelioma victims or their survivors can submit an asbestos claim in any state where they have worked, resided, or provided military service. Even if you are not currently living, employed, or stationed in California, you may be able to file a personal injury or wrongful death claim if the relevant asbestos exposure occurred in that state.
Our experienced lawyers will be able to help you in choosing the appropriate venue for your mesothelioma lawsuit. We can also provide guidance about the best court in which to file your claim.
California Asbestos Laws
California heavily regulates the use of asbestos through everything from air quality programs to asbestos removal, as well as litigation related to asbestos injury through exposure.
Asbestos Litigation in California
According to an analysis in DataPoints, an occasional newsletter produced by California’s Judicial Branch, historically most asbestos litigation in the state originated in three counties – Alameda, Los Angeles, and San Francisco – which were also three of the top five venues in the country for asbestos lawsuits through the 1980s. In the late 1980s and early 1990s, asbestos claims in California dropped significantly compared to other areas of the country. However, in recent years, California filings related to asbestos and mesothelioma have started to rise again.
Today, the Superior Court of San Francisco County hears a large majority of asbestos cases in California. In order to help manage the large volume of cases, San Francisco County uses a system of electronic filing and case management. The San Francisco courts also group similar cases to help streamline the caseloads moving through the system. The courts also offer preference to plaintiffs who have short life expectancies. Few asbestos cases in California go all the way to a trial verdict.
Asbestos Safety Guidelines in California
Given the size of California, the state has implemented two separate sets of safety regulations to help protect its citizens from naturally occurring asbestos, which is found in at least 45 of the state’s 58 counties. These laws, known as Asbestos Airborne Toxic Control Measures (ATCMs), specifically apply to two different classes of activity:
Surfacing Applications
This applies to the production, sale, or use of “aggregate material” (i.e., gravel, sand, etc.) in geographic areas where ultramafic rock is known to be located, or where an air pollution control officer has otherwise determined that asbestos is present.
Construction, Grading, Quarrying, and Surface Mining
This rule applies to construction and mining-related activities in areas where ultramafic rock or asbestos occurs naturally.
While some exceptions are allowed, generally companies and individuals in California must work together with an air quality control officer to make sure they remain compliant with these ATCMs.
In addition to regulating activities around naturally occurring asbestos, the California code includes a chapter on General Industry Safety Orders, which contains rules around asbestos and other regulated carcinogens. These state-specific laws build on federal laws and regulations provided by OSHA and other agencies to protect workers from asbestos exposure at their place of employment.
Finally, like other states, California follows the U.S. Environmental Protection Agency’s (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP) guidelines to minimize airborne contaminants known to be health hazards. The Air Resources Board (ARB), part of the California Environmental Protection Agency (CalEPA), provides statewide NESHAP oversight, and the state is broken up into 35 local air districts, each of which may have their own guidelines that must be followed when renovating or demolishing a building. Nineteen California counties are not part of an air district, and companies in those counties must work directly with the ARB.
Settlements for Mesothelioma Clients Living in California
Our lawyers are skilled in California-specific litigation, legislation, and liability issues. Furthermore, we know how to help mesothelioma victims in the Golden State receive compensation in a timely manner. Through our experience, we have become familiar with the large number of asbestos companies in California, and we understand how their operations have led to long-term disabilities and deadly diseases such as mesothelioma.
Filing Mesothelioma Lawsuits in California
In general, mesothelioma victims or their survivors can submit an asbestos claim in any state where they have worked, resided, or provided military service. Even if you are not currently living, employed, or stationed in California, you may be able to file a personal injury or wrongful death claim if the relevant asbestos exposure occurred in that state.
Our experienced lawyers will be able to help you in choosing the appropriate venue for your mesothelioma lawsuit. We can also provide guidance about the best court in which to file your claim.
California Asbestos Laws
California heavily regulates the use of asbestos through everything from air quality programs to asbestos removal, as well as litigation related to asbestos injury through exposure.
Asbestos Litigation in California
According to an analysis in DataPoints, an occasional newsletter produced by California’s Judicial Branch, historically most asbestos litigation in the state originated in three counties – Alameda, Los Angeles, and San Francisco – which were also three of the top five venues in the country for asbestos lawsuits through the 1980s. In the late 1980s and early 1990s, asbestos claims in California dropped significantly compared to other areas of the country. However, in recent years, California filings related to asbestos and mesothelioma have started to rise again.
Today, the Superior Court of San Francisco County hears a large majority of asbestos cases in California. In order to help manage the large volume of cases, San Francisco County uses a system of electronic filing and case management. The San Francisco courts also group similar cases to help streamline the caseloads moving through the system. The courts also offer preference to plaintiffs who have short life expectancies. Few asbestos cases in California go all the way to a trial verdict.
Asbestos Safety Guidelines in California
Given the size of California, the state has implemented two separate sets of safety regulations to help protect its citizens from naturally occurring asbestos, which is found in at least 45 of the state’s 58 counties. These laws, known as Asbestos Airborne Toxic Control Measures (ATCMs), specifically apply to two different classes of activity:
Surfacing Applications
This applies to the production, sale, or use of “aggregate material” (i.e., gravel, sand, etc.) in geographic areas where ultramafic rock is known to be located, or where an air pollution control officer has otherwise determined that asbestos is present.
Construction, Grading, Quarrying, and Surface Mining
This rule applies to construction and mining-related activities in areas where ultramafic rock or asbestos occurs naturally.
While some exceptions are allowed, generally companies and individuals in California must work together with an air quality control officer to make sure they remain compliant with these ATCMs.
In addition to regulating activities around naturally occurring asbestos, the California code includes a chapter on General Industry Safety Orders, which contains rules around asbestos and other regulated carcinogens. These state-specific laws build on federal laws and regulations provided by OSHA and other agencies to protect workers from asbestos exposure at their place of employment.
Finally, like other states, California follows the U.S. Environmental Protection Agency’s (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP) guidelines to minimize airborne contaminants known to be health hazards. The Air Resources Board (ARB), part of the California Environmental Protection Agency (CalEPA), provides statewide NESHAP oversight, and the state is broken up into 35 local air districts, each of which may have their own guidelines that must be followed when renovating or demolishing a building. Nineteen California counties are not part of an air district, and companies in those counties must work directly with the ARB.
Settlements for Mesothelioma Clients Living in California
The following table represents some of the types of California mesothelioma clients our law firm has had the privilege of helping to receive financial assistance based upon their exposure to asbestos.
Please note that individual cases vary based upon a number of factors, and prior results do not guarantee a similar outcome. If you have any questions about your legal rights, please contact us immediately.
California Statute of Limitations for Mesothelioma
In California, the statute of limitations for mesothelioma and asbestos claims is 1 year from date of diagnosis. For wrongful death claims, victims’ families have 1 year from the time their loved one passes away to file a claim, according to the statute.
Because there is only a short time to gather evidence and file a claim, mesothelioma victims in California and their families must act quickly to find a lawyer who is experienced with asbestos-related claims. Failing to act before the statute of limitations runs out could result in a loss of rights to compensation for you or your family.
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