California Mesothelioma Lawyers

Filing an Asbestos Claim in California

California has long been a top place to file asbestos lawsuits. This is true for personal injury and wrongful death lawsuits. This state’s laws are generally considered favorable for asbestos lawsuits. As a result, new in-state and out-of-state claimant filings rise each year.

California courts have acted to manage large caseloads and speed up claims. For example, “fast-track” scheduling allows mesothelioma cases to go to trial within 120 days. Some California judges push for quick settlements of cases.

Key Facts About Filing in California

• California ranks No. 1 in the U.S. for mesothelioma and asbestosis deaths.
• The state has the most naturally occurring asbestos. 
• Its high exposure risk has made it a hotspot for asbestos litigation. 
• Los Angeles ranked 8th in the nation for asbestos claim filings in 2022 according to KCIC.

The statute of limitations in California sets a deadline for filing claims. This applies to both personal injury and wrongful death lawsuits. A seasoned California mesothelioma attorney can assess how these deadlines apply to your case.

An attorney can help you file your asbestos lawsuit. Your lawyer may determine your case should be filed in another state. This may depend on where your exposure happened or where the company is based. You may also qualify to file an asbestos trust fund claim.

Why Hire a California Mesothelioma Lawyer After Asbestos Exposure?

Your lawyer should know California’s Code of Civil Procedure and Civil Code. It’s important to work with someone with the most experience. Experience with your specific type of case is key. Reputable firms are open about their record in California courts.

A lawyer who knows California’s exposure sites and high-risk jobs can be very helpful. Our Patient Advocates can help you match with the right firm for you. They can help identify who has experience with claims like yours. This can include cases from the same job sites or related companies.

California Mesothelioma Law Firms

Lawyers at the best asbestos law firms in California can explain how the state’s laws affect your case. Knowing procedures and processes is an advantage. Asbestos law firms in California and national firms also have the experience to help you build your case.

Many asbestos cases settle out of court. An experienced California lawyer can also manage your case in court. They’ll handle all aspects of the litigation process for you.

Nationwide Asbestos Law Firms Outside California

Some plaintiffs choose to work with national law firms. Some top firms may not have offices in the state. But, they do have attorneys licensed in California. These asbestos attorneys will travel to you. They often travel to their clients for depositions. They won’t charge you for such travel expenses.

National firms have the resources to take on large corporations. These asbestos law firms often have reach other firms can’t match.

These firms can also file your claim in another state if needed. If you were exposed to asbestos outside of California, you may need to file in that state instead. This may also apply if the company’s headquarters are in another state.

For example, the estate of a California man had its case heard in another jurisdiction. That court awarded nearly $41 million in damages to Bruce Torgerson’s estate. His daughter’s wrongful death claim faced jurisdiction issues in California. Torgerson died of mesothelioma. He was exposed to asbestos working with pipe coverings from John Crane Inc.

Asbestos Compensation in California

Top law firms have secured big compensation for mesothelioma in California. For example, Simmons Hanly Conroy in El Segundo, CA, secured $15.2 million at trial. The defendant, J-M Manufacturing, bought Johns-Manville. It’s still liable for Johns-Manville’s asbestos pipes. The firm represented Norris Morgan, who was diagnosed with mesothelioma, and his wife Lori.

These verdicts are some of the highest trial awards for mesothelioma. Most lawsuits settle out of court. Some mesothelioma settlements have been more than $1 million. 

California Asbestos Verdicts

• $48 Million: The Los Angeles Superior Court awarded damages to the family of Bobbie Izell in 2012. As a contractor, he was exposed to asbestos in construction products. The major defendants were CalPortland, Riverside Cement and Union Carbide.
• $44.6 Million: A California jury ordered Avon and a forklift maker to pay $52.1 million in 2023. Rita-Ann Chapman was diagnosed with mesothelioma. A California judge later reduced the award. The defendants’ motions for a new trial were denied.
• $43 Million: A jury awarded the verdict to Deanne Warren in Los Angeles in 2022. The jury held Algoma Hardwoods, Inc. responsible for her asbestos exposure and mesothelioma. Weitz & Luxenburg represented her.
• $33 Million: A San Francisco jury decided in favor of Alfred Todak in 2002. He had worked in a shipyard where he was exposed to several asbestos products. He developed mesothelioma.
• $18 Million: A California jury awarded damages to Philip Depoian in 2016. The defendant was the talc supplier, Whittaker, Clark & Daniels. Depoin’s father worked at a babershop where talcum powder was used. The defendant’s powder was contaminated with asbestos.
• $17 Million: Dennis Woodard and his wife were awarded damages in a California court in 2008. The defendants sold asbestos-containing products to the U.S. Navy. Woodard developed mesothelioma. He worked as a machinist’s mate and electrician’s mate.
• $13 Million: A California jury awarded damages to Judith Winkel and her husband in 2015. The jury found Colgate-Palmolive and 4 other companies liable. Winkel developed mesothelioma. She’d used asbestos-contaminated Cashmere Bouquet talcum powder.
• $12 Million: A California court rejected a defendant’s appeals of a 2023 verdict. The verdict was in favor of Patricia Schmitz . She developed mesothelioma. She had used Johnson & Johnson, Colgate-Palmolive Corp. and Avon talc products. The talcum powder was asbestos-contaminated.
• $11 Million: A Los Angeles jury decided in favor of Alfred Mata and his wife in 2018. Their lawsuit named Liberty Utilities Corp. as the defendant. Mata developed mesothelioma from secondary asbestos exposure. His father had worked with Liberty’s asbestos pipes. He had brought toxic dust home on his clothes.
• $11 Million: A California court ordered Asbestos Corporation Limited to pay damages in 2006. Garza developed asbestosis. He worked at shipyards such as the Hunters Point Naval Shipyard. He used the company’s asbestos products to repair ship boilers.

Some plaintiffs settle with defendants after juries issue verdicts. They want to avoid a lengthy appeals process. For example, Anthony Hernandez Valadez settled with J&J in November 2023. The settlement was for an undisclosed amount. It halted J&J’s appeals of the $18.8 million verdict an Oakland, California jury awarded.

Many top mesothelioma lawyers have also secured six-figure payouts from trust funds. Certain jurisdictions in California require you to disclose your trust fund claims when you file a lawsuit. An experienced California asbestos lawyer can guide you on what trust funds you may be eligible for.

California Asbestos Laws and Regulations

A mix of state and federal laws govern California asbestos claims. In recent decades, California has enacted safety measures to reduce exposure.

Laws Governing Asbestos in California

• Title 8: The California Code of Regulations requires employers to take specific steps to ensure proper air quality. They must document all levels of potential asbestos exposure. It also governs registration and certification of asbestos contractors and consultants.
• California Code of Civil Procedure Sections 312-366: It outlines statutes of limitations.
• California Civil Code Section 1714: This defines California’s negligence laws.

Only a certified expert should remove asbestos from a building in California. They should be a Cal/OSHA-certified asbestos consultant. They’re the only experts qualified to advise on asbestos abatement in the state.

How Are People Exposed to Asbestos in California?

Many California work sites and geological areas have posed serious risks to residents. California has extensive natural asbestos deposits. The California Department of Public Health says 45 of 58 counties have deposits.

A number of California Superfund sites contain asbestos. The U.S. Environmental Protection Agency lists several sites as priorities because of the asbestos exposure risks.

Sites Known for Asbestos Exposure

• California Zonolite: This facility processed vermiculite that had at least 7% asbestos. An estimated 1,750 people lived within one mile of the site. 
• Clear Creek Management Area: This area contains what remains of Coalinga’s Atlas Asbestos Mine. EPA air tests found that motorcyclists on a dirt course inhaled asbestos levels up to 9 times the legal limit. The EPA concluded, “the risks are still extremely high” for exposure in CCMA.
• Coalinga Asbestos Mine: The Atlas Asbestos Mine extracted from one of the world’s largest asbestos deposits. It operated from 1963 until 1979, and cleanup activities ran from 1994 to 1996. Cleanup of the nearby town of Coalinga involved the removal of 20,000 cubic yards of asbestos-contaminated material.
• El Dorado Hills: The city of El Dorado Hills was built on an asbestos deposit. The EPA found asbestos in nearly every one of the 450 air and soil samples tested. Simple outdoor activities, such as riding a bicycle, raised dust with high asbestos levels. Air samples contained 40 times the normal level of asbestos.
• KCAC Mine: The King City Asbestos Co. mine was the last operating asbestos mine in the U.S. when it closed in 2002. The mine operations began in 1963. The owner Union Carbide was part of more than 300 asbestos claims in the area.
• Shipyards: Asbestos has contaminated shipyards like the California Naval Shipyard, Hunters Point and Moore Dry Dock. Shipyard workers had heavy exposure to asbestos products. They’ve won significant awards.
• Superfund Sites: Asbestos is in many California Superfund sites. Examples include the South Bay Asbestos Area, Fresno Industrial Waste Processing and Purity Oil Sales, Inc.

California was home to the last asbestos operation in the country. The King City Asbestos Company operated in the Coalinga asbestos district of San Benito and Fresno Counties. It mined a large chrysotile deposit until it closed in 2002. The city of Coalinga became a Superfund. Mining spread asbestos particles throughout the town.

El Dorado Hills is home to one of the largest asbestos deposits in the world. Residents take measures to cut the risk of asbestos exposure.

Occupations & Industries Known for Asbestos Exposure in California

California has high rates of asbestos exposure at work. Former construction workers, shipyard workers, and veterans are at high risk. Many industries used the mineral. It resists high heat and chemical corrosion. Families can be at risk of secondary asbestos exposure. 

High-Risk Jobs in California 

• Chemical production work
• Construction worker
• Manufacturing worker
• Military personnel
• Mining worker
• Power generation worker
• Shipbuilder

Companies that sold dangerous products have been liable in mesothelioma cases. Recent cases involve asbestos-contaminated talcum powder. Some of these companies, like Union Carbide, mined asbestos. Others processed asbestos ore into usable fibers. Exposure in these settings was very high. Many workers got sick because they worked with raw asbestos.

J.T. Thorpe and other makers of asbestos products directly exposed workers to the toxic mineral. Other companies indirectly exposed employees who handled or worked around materials that contained asbestos.

If you or a loved one worked at any of these California companies or performed one of the jobs linked to high-risk of asbestos exposure in the state, you should seek legal advice as soon as possible. 

Mesothelioma is an aggressive disease, and the sooner you get legal representation, the sooner you can focus on your treatment and quality time with your loved ones.

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