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. About 3,000 people are diagnosed with mesothelioma in the United States every year, and roughly 80% of these cases report asbestos exposure, according to the American Lung Association.
You’re sure to have significant costs for medical care if you have this rare, asbestos-related cancer. You shouldn’t have to foot these expenses on your own. Instead, the party that wrongfully exposed you to this carcinogen should have to. This is where connecting with a San Diego mesothelioma lawyer can be helpful. An attorney can assist you in protecting your rights and help you take back control of your future.
If you’re a California resident recently diagnosed with mesothelioma, reach out to us at Frost Law Firm, PC for a free consultation. We’ll discuss how you potentially became exposed to carcinogenic asbestos fibers and what options you may have from securing compensation that will aid you in covering medical care and other needs you’re sure to have. Get in touch with us now.
How Asbestos Exposure Leads to This Rare Cancer
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.
Workers 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.
According to a study by the Centers for Disease Control and Prevention (CDC), “878 household contacts of asbestos workers revealed that 4 out of 115 total deaths were from pleural mesothelioma and that the rate of deaths from all types of cancer was doubled.”
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 most common form of mesothelioma, called pleural mesothelioma, affects the lining of the lungs and chest wall and accounts for about 82.1 percent of cases, also per the CDC.
Because symptoms can resemble those of other less serious conditions and its extended latency (30 to 40 years), mesothelioma may not be diagnosed before it’s reached an advanced stage.
By then, it’s often too late to operate, and 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
There are certain locations throughout California where there are known areas with high concentrations of asbestos fibers. 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 before the mid-1980s)
- Auto repair shops
Naval installations and water vessels 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. Anyone who frequented these places of business, whether as customers, construction workers, vendors, or in some other capacity, may have also unsuspectingly come in contact with asbestos.
How Do Doctors Diagnose and Treat 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 (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 counsel you about how progressive your disease is and any treatment options available to you.
The prognosis for mesothelioma varies depending on factors such as the stage of the cancer, the patient’s overall health, and the type of treatment received.
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 lawyer to find out what your legal options are.
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, who have also historically been at high risk for asbestos exposure, may be eligible to receive benefits under the Federal Employers’ Liability Act (FELA).
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 before your relocation to San Diego, you may be eligible for compensation under the James Zadroga 9/11 Health and Compensation Act, as well.
Filing a Mesothelioma Lawsuit in California
San Diego asbestos lawyers have access to a fairly comprehensive listing of known asbestos sites and already know 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.
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.
What To Look for When Hiring a San Diego Mesothelioma Lawyer
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 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 on a contingency fee basis. It sends a strong message about your attorney’s confidence in recovering a settlement for you.
When it comes to taking legal action, you need a solidly built, airtight case the first time around if you want to have success. One that minimizes the chance of the defendant being able to discredit your claim.
When you work with our San Diego mesothelioma lawyer, you can count on us to have the necessary experience in building strong cases. All of our lawyers at Frost Law Firm, PC 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 (one year from the time of diagnosis or death).
Contact us today to schedule a free consultation 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 have entrusted their cases to our professional and competent team for many years.
