Have you recently received a mesothelioma diagnosis or lost a loved one to this aggressive form of cancer? If so, you’re unfortunately not alone. This is definitely not one of those exclusive clubs you want to be in. Each San Diego mesothelioma lawyer on our team has witnessed as our clients have fought long and challenging battles to try and extend their lives while suffering from this life-altering disease. And our attorneys have also had the misfortune of representing families whose breadwinners fought a valiant battle against this illness but just couldn’t win against this unrelenting aggressor.
To put this illness in perspective, the non-profit Asbestos Nation has painstakingly compiled asbestos death rates for California and its respective counties between 1999 and 2017. That data shows that of the just over 27,000 California residents who succumbed to asbestos-related diseases during that period, San Diego County had the second-highest death rate of all counties in the state at 2,905. This equates to a per-year asbestos-related disease death rate of 152. While this number may seem small, these deaths were completely preventable.
No one ever had to become exposed to this carcinogen and the asbestos-related illnesses it causes. However, companies put their greed and profits ahead of consumer and worker health. You have a chance to send them a message that they made the wrong decisions if you’re ill or a loved one prematurely died after contracting mesothelioma. However, you must move quickly, as time to file suit is limited and counting down.
Our attorneys at Frost Law Firm, PC are standing by, ready to help to ensure you recover maximum compensation for what you’ve been through and what lies ahead. We offer a no-risk, no-obligation, free consultation to discuss what your legal options are.
How Asbestos Exposure Leads to Mesothelioma
Asbestos is a naturally-occurring mineral that was long used for manufacturing due to its durability and fire resistance up until at least the late 1970s in California and elsewhere in the U.S. Many individuals working with asbestos fibers inhaled or ingested them in their workplaces because manufacturers or their employers didn’t apprise them of the dangers this toxin posed. Those individuals would return home covered in these fibers, leading their parents, spouses, children, and other loved ones to experience secondhand exposure to them too.
For some workers, the scenario described above happened day in and day out for decades while working in the same capacity. Many of those same individuals (workers and their family members) experienced an onset of adverse symptoms, as we’ll discuss below. Some years later, after initial exposure, they went to the doctors and received mesothelioma diagnoses.
What Is Mesothelioma and How Does It Impact Patients’ Lives?
Mesothelioma is a rare, debilitating, and incurable form of cancer that can affect the tissue in one of four areas within the body: the lining of the heart, abdomen, testicles, or lungs. The latter is the most common type. Cancerous lesions tend to grow subtly within a patient’s body, generally only leading to patients showing noticeable signs of disease 10 or more years after exposure.
It’s often too late to operate on patients to remove cancerous masses due to the condition’s frequent late diagnosis. Instead, patients must undergo chemotherapy or radiation, or take part in clinical trials using targeted therapy or immunotherapy in hopes of slowing their illness’ progression.
Suspected or Known Asbestos Exposure Sites in San Diego
Potential or known San Diego asbestos exposure sites are quite diverse and include:
- Libraries
- Office buildings
- Military bases
- Hotels
- Restaurants
- Airports
- Packing companies
- Schools
- Theaters
- Shipyards
- Older homes (any of them constructed prior to the mid-1980s)
- Auto repair shops
Some of the sites where this known carcinogen has been identified in the past include:
- The First National Bank
- Campbell Industries
- City of San Diego government offices
- General Dynamics NASSCO
- International Harvester
- Kelco Company
- Martinolich Shipyard
- Mercy Hospital
- National Steel
- National Cash Register (NCR)
- Ryan Aircraft
- San Diego Zoo
- Union Bank
Naval installations and water vessels strategically positioned throughout our city and its ports are also where many patients initially came in contact with asbestos.
All in all, there are hundreds of workplaces where employees may have become exposed to asbestos, later unsuspectingly exposing their loved ones. Additionally, anyone who frequented these places of business, whether as customers, construction workers, vendors, or in some other capacity, may have unsuspectingly come in contact with this toxin as well.
How Do San Diego Mesothelioma Attorneys Prove Mesothelioma?
Individuals who experience the following mesothelioma symptoms, like a persistent cough, weight loss, shortness of breath, and chest pain, should seek medical attention immediately to have their condition assessed. Patients can expect their health care providers to take X-rays or order magnetic resonance imaging (MRI) to reach a definitive diagnosis. This imaging can give doctors a better idea of:
- The cause of the symptoms
- What stage cancer may be at (i.e., whether it has metastasized or spread)
- Whether treatment options pursued to date have been effective
Once these tests are performed and your diagnosis confirmed, doctors will document details regarding the extent of your disease along with the treatment options recommended and the ones you agree to in their notes. These medical records are critical in proving that you indeed have mesothelioma.
However, if your goal is to prove you have mesothelioma to be eligible to stake a claim to asbestos trust funds, to receive disability or veterans’ benefits, or to file a personal injury lawsuit, you’ll need to have on record more than just a diagnosis. You may also need to compile information showing how you were exposed to asbestos, such as proof of employment in a particular role at a specific location and during a certain timeframe. A San Diego mesothelioma lawyer can assess what documentation you have and help you home in on any additional documentation you may need to prove your case.
San Diego Medical Centers Where Mesothelioma Patients Seek Treatment
Once you have received your diagnosis, have health insurance, or have secured trust funds or a personal injury settlement to finally afford to receive the best possible care, you’ll want to contact one of the leading hospitals and medical centers in San Diego for further treatment such as:
- Scripps MD Anderson Cancer Center: Located in the Torrey Pines Mesa area of San Diego, this cancer center employs a mesothelioma specialist on staff and offers the latest treatment options for this aggressive cancer.
- Sharp Rees-Stealy Medical Centers: This health care system, which has medical centers and hospitals throughout the San Diego area, including in El Cajon, Chula Vista, Coronado, and Mesa Vista, has oncologists that offer a wide range of cancer services, including chemotherapy.
- Moores Cancer Center at UC San Diego Health: Consistently ranked as the #1 cancer center in San Diego by the U.S. News & World Report, this National Cancer Institute (NCI)-designated facility located in La Jolla regularly treats individuals with mesothelioma using surgery, chemotherapy, and radiation. They also offer psychosocial programs aimed at helping patients and their family members cope with their mesothelioma diagnosis and its impact on their lives.
Another medical facility a bit more distant that California mesothelioma patients visit for high-level care is the Providence St. John’s Cancer Institute, formerly known as the John Wayne Cancer Institute, located in Santa Monica. It’s a well-respected research center that offers surgical oncology and advanced therapeutic interventions for different types of cancer, mesothelioma included.
Recovering Compensation for Asbestos-Related Losses
Earlier, we mentioned various ways you can recover funds for your medical expenses, lost wages or earnings if you’re unable to work, and more. Those financial resources included asbestos trusts, workers’ compensation, veterans’ or disability benefits, and personal injury lawsuits. Your eligibility to pursue compensation is contingent upon a few factors, including the nature of your role and exposure. That’s why it’s best to consult with a San Diego mesothelioma attorney to find out what your legal options are. Our office, Frost Law Firm, PC, offers prospective clients a free legal consultation to discuss their potential case.
It’s important to note that there are specialized sources of funds or benefits you may be eligible to tap into depending on the nature of your role. For example, railroad workers, which have also historically been at high-risk for exposure to asbestos, may be eligible to receive benefits under the Federal Employers’ Liability Act (FELA). Also, if you were previously exposed to asbestos while working in the rescue or cleanup of the 9/11 World Trade Center sites in New York prior to your relocation to San Diego, you may also be eligible for compensation under the James Zadroga 9/11 Health and Compensation Act.
Filing a Mesothelioma Lawsuit in California
Our San Diego asbestos lawyers at Frost Law Firm, PC have access to a fairly comprehensive listing of known asbestos sites and already have knowledge about whether there are asbestos trusts set up (which is often the case for companies that previously went bankrupt) or if filing a personal injury lawsuit is the best course of action.
As referenced above, building a case is quite involved. You must:
- Prove your diagnosis
- Show you acquired the illness
- Document your outstanding medical bills and produce forecasts of future health care costs
- Substantiate any claimed pain and suffering, loss of enjoyment of life, and other noneconomic damages
While tangible costs like medical expenses are uncapped in California, noneconomic ones like the last ones listed above are only compensable for up to $350,000.
Pulling all this information together, identifying the appropriate defendant to hold liable, and drafting the motion necessary to file suit is often too involved for ailing mesothelioma patients to handle and, thus, why they entrust such responsibilities to legal counsel. Here at Frost Law Firm, PC, we offer free initial consultations to learn more about your rights and recovering compensation.
What To Look for When Hiring a San Diego Mesothelioma Attorney
In your search for an attorney to represent you against your employer or a manufacturer who, unbeknownst to you, exposed you to asbestos so many years ago, later causing you to develop mesothelioma, you probably found that there are plenty to choose from. However, not every lawyer who claims to handle these cases is the best fit.
Mesothelioma cases are unique. It’s necessary for the attorney handling such a case to understand:
- Asbestos exposure methods
- California liability statutes (laws)
- How asbestos companies knew about the dangers their products posed but failed to warn consumers
- How mesothelioma and other asbestos-related illnesses like asbestosis or lung cancer progress can impact patients’ lives
- Sources of financial compensation available to those suffering from an asbestos-related illness
- When filing a wrongful death claim may be warranted
In short, the lawyer you hire to handle your case should know how to build a strong case showing how one or more parties’ negligence resulted in you being diagnosed with an asbestos-related disease. Also, your legal counsel should be comfortable with outside-of-court negotiations and also pursuing asbestos litigation in the courtroom if necessary to receive just compensation in your case.
In most cases, one indicator that a San Diego mesothelioma attorney is confident in their ability to handle asbestos exposure cases is if their pay structure is a contingency fee basis one. It sends a strong message about your lawyer’s confidence in recovering a settlement for you.
Why Our San Diego Mesothelioma Lawyers Are the Right Partners in Your Case
When it comes to taking legal action, it’s best to push forward a solidly built, airtight case the first time around if you want to have success. This minimizes the chance of the defendant having reason or time to discredit your claim. When you work with our San Diego mesothelioma attorneys, you can count on us to have the necessary experience in building strong cases. All of our Frost Law Firm, PC lawyers also have a solid understanding of County of San Diego civil court rules and California statutes of limitations or deadlines that apply to filing mesothelioma lawsuits (it’s one year from the time of diagnosis or death).
Please reach out to our law office to schedule a consultation to get caring, personable help from an experienced San Diego mesothelioma lawyer if you or a loved one has been diagnosed with this rare cancer or one of many asbestos-related diseases. Discover why San Diego residents who have developed mesothelioma while working on asbestos sites here in California and beyond have entrusted their cases to our professional and competent team for many years.
