Los Angeles Mesothelioma Lawsuit: What to Know

Why Los Angeles Has Significant Asbestos Litigation

Mesothelioma is a rare and aggressive cancer, almost always caused by inhaling asbestos fibers, that can take decades to develop after exposure. The greater Los Angeles area has a substantial asbestos exposure history tied to its industrial past, including the Port of Los Angeles and Long Beach shipyards that built and repaired vessels for decades, oil refineries throughout the region, and the significant aerospace and defense manufacturing industry centered in Southern California for much of the twentieth century, all of which used asbestos-containing insulation, gaskets, brake materials, and fireproofing extensively.

Because of this industrial concentration, Los Angeles County Superior Court has one of the busiest dedicated asbestos litigation dockets in the country, with specialized procedures and expedited trial settings designed to accommodate plaintiffs, many of whom are elderly and seriously ill, given how long the disease can take to manifest after the original exposure.

How a Los Angeles Mesothelioma Claim Works

A mesothelioma lawsuit generally alleges that one or more companies that manufactured, sold, supplied, or used asbestos-containing products at a job site knew or should have known about the associated health risks and failed to adequately warn workers, in violation of product liability and negligence principles under California law. Because exposure often occurred from multiple products and multiple employers or job sites over a career, and even secondhand through a household member work clothes, these lawsuits frequently name several defendants.

As with asbestos litigation nationally, many of the companies most associated with historical asbestos exposure filed for bankruptcy decades ago and, as part of that process, established trust funds specifically to compensate current and future victims. A Los Angeles mesothelioma claim often involves both a lawsuit against still-operating companies in the local court system and separate claims filed against one or more of these bankruptcy trusts, and an experienced attorney typically pursues both avenues together.

California Filing Deadline and Local Court Practice

California generally allows one year from the date of a mesothelioma diagnosis to file a lawsuit, under the discovery rule, which accounts for how many decades can pass between the original asbestos exposure and an eventual diagnosis. Because this window is relatively short compared to ordinary personal injury deadlines in some other contexts, prompt action after diagnosis is important.

Given how many mesothelioma cases move through the Los Angeles County asbestos docket specifically, many attorneys in this area have particular familiarity with the local court expedited trial-setting procedures, which can be an advantage for a client whose health may not allow years of typical litigation delay. Wrongful death claims brought by surviving family members are subject to their own separate deadline as well, so family members should also seek legal advice promptly.

How to Get Legal Help

If you or a family member has been diagnosed with mesothelioma or another asbestos-related disease, gather as complete an occupational and residential history as possible, including every employer, job site, and approximate dates, ideally with help from an attorney experienced in California asbestos litigation, since Los Angeles has a particularly active asbestos court docket with its own local procedures.

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