California Mesothelioma Lawyers

Mesothelioma patients may be able to file personal injury lawsuits. Family members of deceased patients may be able to file wrongful death lawsuits.

California asbestos victims may also have options for additional compensation via mesothelioma claims. For example, many bankrupt asbestos companies have set up trust funds to compensate victims. California has its own law setting a one-year deadline to file against a trust after a death or diagnosis.

Other potential options for compensation include workers’ compensation and veterans benefits claims. Attorneys can help victims explore all their options for compensation.

Did You Know?

The statutes of limitations in the state you now live may not be applicable to your case. An experienced mesothelioma attorney can determine the best state in which to file your case and what the deadline to file will be.

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Filing VA Claims in California

California veterans may have been exposed to asbestos during their time serving in the military. Asbestos use was common in all branches of the military during the twentieth century. As a result, veterans have a high rate of mesothelioma and other asbestos diseases, like asbestos lung cancer and asbestosis.

The U.S. Department of Veterans Affairs (VA) offers benefits to veterans with diseases caused by asbestos exposure during service. These benefits may also be available to veterans’ family members. In 2021, California had over a million veterans living in the state.

The VA offers tax-free benefits to eligible veterans. These benefits can help pay for health care, housing and other expenses.

03. California Settlements & Verdicts

Mesothelioma Settlements in California

California asbestos victims have received millions of dollars in mesothelioma compensation. A lawsuit may result in compensation from a settlement or verdict. In general, settlements range from $1 to $1.4 million, but individual cases may result in higher amounts.

Settlements are agreements between parties to end a lawsuit before, during or after trial. They are often private agreements between parties, with the exact details of the agreement kept from the public. Some details from California mesothelioma settlements include:

• $13.5 million for a 55-year-old plumber in San Diego and mechanic who used NAPA parts
• $11.6 million for a 48-year-old Navy worker at Long Beach Shipyard Dry Dock and dry wall sprayer at Hemet Dry Wall Co.
• $9.7 million for a 62-year-old Navy veteran and nuclear plant worker
• $9.6 million for a 75-year-old manager and teacher
• $8.9 million for a 56-year-old maintenance worker at Floway Pumps
• $8.8 million for a 56-year-old Navy veteran serving on USS Bon Homme Richard
• $7.6 million for a 63-year-old carpenter and construction worker
• $7 million for a 58-year-old plant worker at King Bearing Inc.
• $6.7 million for a 66-year-old Navy veteran serving on USS Springfield and USS Paul Revere
• $6.5 million for a 68-year-old Navy veteran and plant worker
• $6.1 million for a 62-year-old household worker and technician
• $6.1 million for a 49-year-old Navy watchman and tile setter
• $5.4 million for a 64-year-old welder/pipefitter in oil refineries and shipyards
• $5.1 million for a 62-year-old Navy veteran and electrician
• $4.8 million for a 68-year-old Navy veteran and aircraft mechanic
• $4.5 million for a 60-year-old union plumber
• $4.4 million for a 80-year-old sheet metal worker
• $4.2 million for a 77-year-old Marine veteran and shipyard worker

Mesothelioma settlements can help pay for treatment costs and provide financial security for families.

Mesothelioma Verdicts in California

California juries have found many asbestos companies liable for causing mesothelioma. These companies manufactured asbestos products and employed people to work with asbestos. Mesothelioma verdicts average $2.4 million, but many victims have received much more.

Examples of mesothelioma verdicts in California include:

• $52 million to a woman who used body and face talc-based products: In 2022, a jury awarded a combined $52 million in actual damages and punitive damages to a 76-year-old woman battling mesothelioma. The jury found Avon executives acted maliciously by hiding the potential dangers of asbestos in their talc-based products. As of June 2023, this case is on appeal.
• $24 million to a construction worker: In 2012, a California jury awarded a construction worker $48 million (later reduced to $24 million). The jury found multiple companies, including Union Carbide and Kaiser Gypsum, responsible for his exposure.
• $10 million to a pipefitter: In 2017, a California jury awarded a pipefitter $10 million. The jury found CertainTeed Corporation, an asbestos-cement pipe manufacturer, responsible for his exposure.
• $7 million to a boilermaker’s spouse: In 2015, a California jury awarded the spouse of a deceased boilermaker almost $7 million. The jury found the boilermaker was exposed to asbestos while working for Southern Pacific Railroad.

A mesothelioma lawyer can educate their clients about the process of pursuing a jury verdict award.

_{Note: Each lawsuit is different, and prior results do not guarantee a similar outcome in the future. Contact a reputable California mesothelioma lawyer to understand how much compensation you may be eligible to receive.}

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04. Asbestos Laws in California

California Asbestos Laws & Regulations

California has a number of asbestos laws and regulations. Many of these laws are designed to protect California workers and residents from the ongoing risk of asbestos exposure.

The California Health & Safety Code contains asbestos reporting requirements. According to the code, certain California building owners, contractors and other employers must monitor air quality and notify employees about potential exposure.

California also certifies asbestos consultants to handle asbestos removal projects. In the state, only a Cal/OSHA-Certified Asbestos Consultant can consult on asbestos abatement. The state license board also provides guidance on choosing asbestos removal contractors.

The state is also required to adhere to federal laws and regulations related to asbestos.

State Laws Affecting Asbestos Litigation

Several California laws directly affect asbestos litigation. These include laws related to compensation options, case procedure and taxation. Litigation matters affected by California state law include:

• Expedited trials: California law allows mesothelioma patients to petition courts for expedited trials. If granted, the trial must begin within 120 days. California courts commonly grant motions to expedite mesothelioma trials.
• Pain and suffering damages: In 2022, a California law went into effect allowing families to recover damages for the pain and suffering of deceased loved ones. Pain and suffering damages are compensation for physical discomfort and emotional distress.
• Punitive damages: California law is strict when it comes to allowing juries to award punitive damages. Punitive damages punish a company and are awarded in addition to any compensation for injury or death. California law requires clear evidence of malicious behavior for punitive damages to be awarded.
• Taxation of compensation: In general, California does not tax money given as compensation for a personal injury or wrongful death. This is similar to federal tax policy.

The above is a partial list of California laws and regulations related to asbestos lawsuits. Lawyers can explain all relevant state and federal laws to mesothelioma patients and their families.

Asbestos Litigation Trends in California

California has a long, robust history of asbestos litigation. California courts have made a number of decisions about how asbestos cases operate in the state. They have also been at the forefront of litigation trends, including the increase in talc litigation in recent years.

Talc Exposure in California

Recent years have seen a surge in cases alleging mesothelioma caused by talcum powder. This surge occurred after reports of a cover-up by Johnson & Johnson (J&J) to hide asbestos contamination in its talc products. California has seen a large number of cases alleging asbestos exposure from talc. Los Angeles had the third most talc filings in the country between 2018 and 2022, totaling 142 cases.

In 2022, a California jury awarded a woman over $52 million in a talc exposure case. The jury found the cosmetic company Avon liable for selling talc products contaminated with asbestos.

In 2023, California became the first state to restart litigation against J&J after bankruptcy proceedings halted lawsuits against the company. The company is attempting to avoid asbestos liability using a controversial legal scheme. In April 2023, the company also offered to settle with asbestos victims in an attempt to end the lawsuits against it. This new case suggests California does not wish to allow the company to avoid fairly compensating its victims.

Secondary Asbestos Exposure in California

In 2016, the California Supreme Court issued an opinion on secondary asbestos exposure cases. Secondary exposure occurs when an asbestos worker brings the mineral home on their clothes or in their hair. When this happens, family members may inhale asbestos fibers.

The court in this case found that employers could be held liable for secondary exposure when their workers bring home asbestos. As a result of this case, a lower court in California reversed a previous decision holding that employers could not be held liable for secondary exposure.

In 2022, a California jury awarded $43 million to a woman with mesothelioma who experienced secondary exposure. The jury found Algoma Hardwoods Inc. liable for the woman’s asbestos exposure, which occurred while laundering her husband’s work clothes.