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Asbestos Litigation in California 

 September 18, 2016

By  Darren Cope

California asbestos laws have changed over the past few years, showing more favor toward the side of companies that have violated California asbestos laws prior to the year 1980.

Asbestos litigation has taken on a whole new meaning as lawyers have had to take on this new specialty and grow into asbestos lawyers. What does all this mean for California residents in need of asbestos litigation?

It means that the lawsuit being filed by California based asbestos lawyers are under a more scrutinous attack, which mean the time to enter into an asbestos lawsuit in the state of California is now.

Asbestos lawyers recommended a consultation for any individual who has been exposed needlessly to asbestos, even if they have not yet been diagnosed with Mesothelioma, the cancer specifically caused by asbestos exposure.

Filing asbestos litigation cases prior to determining that the exposed victim is ill is not uncommon. This is done to protect the rights of the victim while the California asbestos laws allow for a tolerable and reasonable settlement, as California asbestos laws change often enough to complicate cases in the future.

Of course, victims with open and shut cases will always have some favor in the eyes of California asbestos laws, but open and shut cases are harder and harder to come by. Most asbestos litigation isn’t as simple as it seems. Often people were employed by more than one company within their working lifetime and proving that the asbestos exposure that is prompting the asbestos litigation came from any one particular company is not always simple.

Many companies who have experienced asbestos litigation understand the penalties for intentionally or negligently exposing their employees to asbestos, and have chosen unscrupulous routes to avoid ending up in any additional asbestos litigation.

California asbestos law is complex and requires an expert to help decipher it. It is important for those considering pursuing asbestos litigation to get the professional counsel that an asbestos lawyer can offer.

Asbestos lawyers are up to date on all the changes in California asbestos law and can help those who were needlessly exposed to asbestos understand their rights within the realms of the ever changing California asbestos laws. Naturally, the entire state of affairs is completely unfair, and people need to understand that while companies may be empathetic to a victim’s plight, most companies by now have changed hands, or at least management, and are now also trying to protect the rights of the current workforce, even if that means allowing a Mesothelioma victim flounder in their pain, suffering, and exorbitant medical bills.

This is of course unfair to those who worked tirelessly for these companies in the past, and it is a fine ethical line for the companies of the present to find a middle ground to protect all employees, past, present, and even future.

California asbestos laws are not the only asbestos laws which have undergone change over the past few years. Asbestos lawyers all over the country are having to fight harder for victim’s rights. However, in most cases, these victims are still receiving fair judgments and settlement offers, at least for now.

There have been asbestos litigation cases that have been filed on behalf of those who are not sick and may or may not become ill in the future, however the threat that asbestos exposure brings with it is often enough to enter into asbestos litigation. It takes a talented asbestos lawyer, one who is on top of every change in California asbestos laws, to complete these premature examples of asbestos litigation, however the claims are still very legitimate.

The best advice an asbestos lawyer can offer anyone wondering if they qualify for asbestos litigation under the current California asbestos laws is to receive a consultation. Most asbestos lawyers will in fact meet with a client with a potential claim free of charge in order to determine if the information provided is adequate for entering into asbestos litigation.

A consultation can place the minds of potential and actual victims at ease as they attempt to make decisions about their future. Asbestos litigation is a complex field, and not every average attorney can truly handle the specified laws that relate to asbestos cases.

Just as a victim of road rage would not hire an asbestos lawyer, victims of asbestos exposure should not hire an attorney not equipped to handle the intricate California asbestos laws associated with asbestos exposure in the state of California. It is of course, common sense.

Darren Cope


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