If you, or someone close to you, has been diagnosed with mesothelioma cancer, you probably already know that there is an excellent chance that the cancer developed from exposure to asbestos many years ago – probably in a work setting. What you may not know is that despite that fact that the exposure to the asbestos that caused the cancer may have been decades ago, you may still be entitled to receive compensation for the cancer that it is causing now. According the California personal injury lawyer Emery Ledger of Ledger & Associates says that under California negligence laws, it may not be too late to file a mesothelioma negligence lawsuit.
Negligence is a legal term used to describe fault. In order for someone – a person, entity or company – to be found negligent, you must meet four basic elements. First, the defendant (person, entity or company you are suing) must have owed a duty of care to the plaintiff (you). Second, the defendant must have breached that duty of care. Third, that breach must be the cause, or one of the causes of the injuries you have suffered. Last, you must prove damages. Damages refers to injuries, either physical or emotional, that you have suffered as a result of the defendants’ actions or inactions. The laws of negligence are extremely complicated and case specific, however a general idea of how they apply in mesothelioma cases can be summed up as follows: In mesothelioma cases, negligence is often found as a result of a duty of care that was owed to you as an employee or as someone that was handling the materials used in your work. The breach of care comes in because the materials you were using had high levels of asbestos in them causing you to inhale asbestos dust. That asbestos dust eventually found its way to your lungs and over a period of years or decades caused the mesothelioma cancer that you are now suffering from.
California uses a form of negligence known as comparative negligence. What this means is that more than one defendant can be responsible for the damages you have suffered. Additionally, you can even share some of the blame for your injuries – as long as the other defendants were MORE responsible then you may still be entitled to compensation. In the case of mesothelioma cancer, it is often the case that a previous employer as well as numerous manufacturers of asbestos laden materials all share a part of the negligence for your injuries.
While many personal injury cases must be filed within a relatively short time period after the incident that gave rise to the injuries, the California legislature has enacted a special rule for asbestos cases. Under California law, the time frame for the statute of limitations does not begin until you suffer from a disability associated with the cancer or should have known that you were suffering from a disability associated with the cancer. What this may mean for you is that even if your exposure to asbestos was many years ago, if you are just now suffering the effects of the exposure then you may still be entitled to file a lawsuit and receive compensation for your injuries.
For additional information about asbestos related mesothelioma, feel free to contact California personal injury lawyer Emery Ledger of Ledger & Associates through his website at www.ledgerlaw.com or at his toll-free number 1-800-300-0001
