Unlike most American counties, Orange County is not defined by a single major city. Although there are over 3 million residents here, most of the area is suburban, with 34 separate incorporated cities located within the county’s borders. The OC is mainly known for two things – tourism and technology.
There is a definite presence of asbestos in the area, as well. In early October of 2014, three schools – Hope View, Lake View, and Oak View elementary schools – were shut down when air and dust samples revealed the presence of the hazardous mineral. Originally, the district debated closing an additional eight schools.
Mesothelioma is a fatal cancer associated with prolonged
exposure to asbestos and asbestos products. Asbestos is a mineral product which
was being used extensively in industries in the 19th and 20th
centuries. Manufacturers of asbestos knew the danger of continued exposure to
asbestos but they kept the vital information to themselves so as to continue
getting more profit. As a result, workers in those industries got exposed to
asbestos and started suffering from mesothelioma, lung cancer and asbestosis. Since
then, asbestos use has been highly restricted. All the victims of asbestos industrial
misconduct are entitled to compensation through the help of a mesothelioma
If you are a casualty and you’ve been diagnosed with
mesothelioma, you need to get assistance from an experienced lawyer. Orange County
has got a long list of law firms. The large number of law firms might present
some difficulty in deciding on the suitable lawyers. You need an experienced professional
who will guide you through the whole legal process. The law firm that you settle
on will also determine the amount of compensation you get from asbestos trust funds
If you have experienced some symptoms that you
suspect it might be mesothelioma, you need to consult an experienced
mesothelioma attorney. These attorneys will counsel you on what actions to take
before the litigation process begin. The lawyers will connect you to medical
practitioners in order to get adequate diagnosis. After the diagnosis, the
lawyer will review your work history and compare your medical records to
determine whether there is anything stemming out from asbestos exposure. This is
how they determine whether the lawsuit is worth undertaking or not.
Orange County has got highly successful law firms in
lawsuits against asbestos companies. This has encouraged more people from other
states to come visiting the county in search for some legal assistance. Note
that, the amount of monetary settlement you get depends on the experience of
the attorney in asbestos-related cases. The lawyer’s approach to the litigation
will determine how successful it will end up being. Therefore, ensure you do some
research and get referrals for the best legal assistance.
The U.S. Court system has tried as much as possible to
provide several legal options to mesothelioma victims in order to get
compensation. Victims can now file claims against asbestos industry seeking for
financial compensation and justice. The court system is determined to see all
those untrustworthy asbestos companies, who do not take care of their workers,
being brought to face the law.
The compensation can be sought by the victims or
their families in case the victim died of asbestos-related illness. The monetary
settlement is done for several issues like physical pain and suffering,
psychological and emotional stress, medical expenses, funeral expenses, loss of
wages, expenses involved in taking care of mesothelioma patients etc.
All in all, whether we are the employers or the
employees, we need to be cautious of asbestos exposure. Employers should ensure
that their workers are secure from any kind of danger while in their line of
duty. Even the employees should take responsibility and seek legal intervention
in case their line of duty is life-threatening. Mesothelioma has been as a result
of the asbestos industry misconduct; therefore, seek for your justice with the
help of a good mesothelioma lawyer.
In case that you have been exposed to asbestos you have increased risks to
develop a specific disease called mesothelioma. People
diagnosed with this disease as result of asbestos exposure at their workplace
have the right to file a lawsuit against their former employer and ask for
financial compensation. Even the spouse of a deceased person due to
mesothelioma disease can be part of mesthelioma litigation suit and ask for
compensation from the insurance company for from company that manufactured or
installed the asbestos.
The chances to receive substantial money damages are
high in this case. Even if the original manufacturer is not on the
market anymore, you have good chances to get financial compensation from the
asbestos victims’ trust funds.
If you have an asbestos-induced disease such as mesothelioma, it
is recommended to seriously consider contacting immediately a qualified lawyer
because these cases are time sensitive. Only a lawyer experienced in asbestos
litigation can help you decide if you have to pursue a lawsuit against a responsible
company for your asbestos exposure.
How fast do you have to sue
Mesothelioma is a chronic disease that can develop 10 or even 40 years after
asbestos exposure. Most of the state laws require that
people who were diagnosis with mesothelioma file a lawsuit in a period of time
between one and five years after the discovery of the disease. States that have
a limitation to only one year from diagnosis are Louisiana, Tennessee, and
California. In case that the victim of the disease has died already, the spouse
or other heirs usually have one to three
In case that the victim of the disease has died already, the spouse or
other heirs usually can file a lawsuit one to three years from the date of death.
Victims of mesothelioma need to file individual mesothelioma litigation
cases and are not allowed to join in class actions because each individual has
different prognosis and medical history.
Because of each state limitations regarding the time you have to file a
mesothelioma lawsuit after being diagnosed, a mesothelioma lawyer can help you
file your claim before the expiration of the statute of limitations. You may
also be able to choose from different states where to file your mesothelioma
litigation case in order to pick the most favorable state for you.
In a mesothelioma lawsuit, your lawyer will deal with all the aspects of
your case. The routine consists of the actual filing of the case, response to
the lawsuit, depositions, discovery, negotiations for settlement , an eventual
trial, the verdict as well as a possible appeal. Most of the mesothelioma
litigation cases are settled out of court and never have to go to trial.
How long a mesothelioma case can take?
Most of the mesothelioma litigation cases can get settled before they ever
get to a jury. Usually the parties agree to a certain amount of money damages
outside of court. If you have all the facts about your employment history and
your medical condition well documented and there is an asbestos victims’ trust
fund or an insurance company to cover the claims, you can expect to get your
compensation money in less than one year from the date of filing the lawsuit.
If you still need to go to trial getting you compensation money can take two
years of more.
How much can you claim?
It is difficult to estimate the total amount of your mesothelioma
compensation. Some cases may settle for little amounts while others can get
millions. The reason is that over the years many former companies that
installed or manufactured asbestos have closed down. The courts have required
setting large compensation funds for the victims. Some funds have been already
depleted while others are still large enough to pay millions in claims. Another
reason is that each mesothelioma case is different and affected the life of the
victim in different ways in value of the lost wages, medical expenses, and the
degree of suffering. Many mesothelioma litigation cases settle for amounts in
the range between one million and five million dollars, but victims may end up
with just two thirds of these amounts due to court costs and attorneys’ fees.
Usually the mesothelioma litigation cases are handled by lawyers on a
contingency fee arrangement. This means you will not have to pay any upfront
lawyer charges and just pay a percentage of the eventual settlement in case
that you win the case, plus lawyer expenses for postage, depositions and
copying. The typical contingency fee for mesothelioma litigation cases is in
the range between 25% and 40% of the damages money that you recover. The amount
of the contingency fee depends on whether you go to trial or settle out of
court and whether a victims’ trust fund places a cap on contingency fees.
Where to find a Mesothelioma Lawyer
You can find personalized lawyer directories online on websites such as Nolo.
The directories include lawyers who specialize in mesothelioma cases as well as
other personal injury cases. On such online directories you can also find
information about the lawyer’s education, experience, and fees.
The Mesothelioma lawsuit steps
In case that you decide to file a mesothelioma lawsuit, your lawyer will
assist you through all the process. Everyone’s case is different, but there are
a certain steps that apply to nearly everyone who files a mesothelioma
Step 1 Preparation
During the first phase of a mesothelioma lawsuit your lawyer will gather
information about your illness and your asbestos
exposure in order to determine who is responsible for your condition.
Your lawyer will also decide in which court is better to file your mesothelioma
lawsuit because you may be eligible to file in more than one court.
Step 2 Filing
In order to start the legal process, your attorney must file a written complaint with a
court, following different court rules on the details provided and hot the
document is written.
Step 3 Responses
Each defendant will receive a copy of your complaint and have a certain
amount of time to respond.
Step 4 Discovery
During the discovery stage, both sides lawyers gather information about the
Step 5 Settlement
The defendant may offer a settlement before a trial start. Your lawyer will
negotiate the settlement on your behalf.
Step 6 Trial
If a settlement is not reached out of court then your case will go through the
trial process. In some cases you may not be required to appear in court. If you
win your litigation case you will start receiving payments from the defendant.
Step 7 Appeal
Even in case that you win the lawsuit, the defendant has the right to file
an appeal within a limited amount of time.
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