Best San Jose Mesothelioma Lawyers Of 2024 (2024)

California is home to some of the largest asbestos deposits in the country. Out of the state’s 58 counties, 45 have asbestos deposits. Therefore, the state is a hotspot for mesothelioma litigation.

Mesothelioma is almost always caused by asbestos exposure, and its symptoms can take decades to develop after the exposure. Therefore, if you or your loved one is suffering from an asbestos-related illness, you should consult a lawyer who can help you find evidence and help you get compensation. We have prepared a list of the best mesothelioma lawyers in San Jose to help you do just that.

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• Best San Jose Mesothelioma Lawyers
• Compare Top San Jose Mesothelioma Lawyers
• Filing a Mesothelioma Claim in San Jose, CA
• How To Find the Best Mesothelioma Lawyer in San Jose
• San Jose Industries Known for Asbestos Exposure
• Major Asbestos Verdicts Awarded in California
• State Departments Overseeing San Jose’s Asbestos Laws
• Methodology for Finding the Best San Jose Mesothelioma Lawyers
• Frequently Asked Questions (FAQs)

• Nia Gamble
• Benjamin David Goldstein
• Ronald Herron
• Steven Kazan
• David Mendall McClain
• Arash Nematollahi
• James Nevin
• Timothy F. Pearce
• Deborah Rosenthal

Until it was discovered that asbestos exposure can cause severe and even terminal illnesses in humans, it was widely used across industries for its corrosion and heat-resistant properties. Long exposures to this naturally occurring mineral are known to cause asbestosis, lung cancer and mesothelioma.

California reports the highest number of mesothelioma deaths in the country. Therefore, it is a good idea to understand the laws regarding asbestos in the state. Below is a brief guide to mesothelioma laws in California.

California and Federal Asbestos Regulations

The industrial use of asbestos has declined significantly since the 1970s after its adverse effects were acknowledged. However, since it could take decades for the symptoms of any illnesses caused by asbestos contamination to appear, new cases of mesothelioma and other diseases come forth every year.

The statute of limitations for mesothelioma or other asbestos exposure-related disabilities in California is one year from the date the injury was discovered or the date the victim realized that the injury was caused by asbestos exposure, whichever is later. In case of wrongful death, the clock starts ticking from the date of the death or the date when the plaintiff knew the death was caused by asbestos exposure, whichever is later.

Federal Regulations

To reduce fresh exposure, the state and the federal government have passed several laws over the years. In 1989, the U.S. Environmental Protection Agency (EPA) enacted the Ban and Phase-Out Rule to ban multiple asbestos-containing commonly used products.

The EPA regularly makes rules and proposals to protect the public from asbestos exposure. It has established regulations for identifying and removing asbestos in schools and public and commercial buildings. The FDA strictly regulates the usage of asbestos in drugs and restricts its usage in food packaging products.

Veterans suffering from asbestos-related illnesses who were exposed during their service are eligible for disability compensation in the form of tax-free monthly payments. They may also receive health care and other benefits.

State Regulations

The state of California has laws to protect its population from the potential hazards posed by asbestos, especially for vulnerable industries like shipping, mining, demolition and construction.

Only licensed contractors and certified consultants can conduct the testing and removal of asbestos in the state. All contractors must identify asbestos in the working area before starting any project and follow proper guidelines for its management. If asbestos is present in a building, the homeowner or employer is required to inform tenants, contractors and employees of its presence.

If you or your loved one is suffering from mesothelioma, handling legal proceedings may not be your priority. An experienced San Jose mesothelioma lawyer can help you by taking care of all the legal requirements related to your case. Here are a few things you should consider before hiring a lawyer:

• Mesothelioma case experience. An experienced mesothelioma lawyer in San Jose will have the appropriate knowledge of asbestos laws, the support of a team of investigators and medical staff and the awareness of products and industries linked to exposure to asbestos. They can increase your chances of winning compensation by several folds. Mesothelioma attorneys are familiar with the veteran benefits of mesothelioma exposure and asbestos trust funds, and they can help you obtain compensation based on your eligibility.
• Success record. Ask your lawyer about their success rate in cases similar to yours. If your lawyers have won mesothelioma verdicts or settled cases in the past, chances are they can do it again for you.
• Fee. Most mesothelioma lawyers in San Jose charge on a contingency fee basis, meaning they will take a percentage of your compensation as their fee if they win the case for you. If you do not win anything, they will not charge you for their services. Lawyers may charge anywhere between 25% and 40% of your settlement or verdict depending on the complexity of the case, how quickly it is resolved and the lawyer’s base rates. You should, therefore, ask your lawyer about the percentage they will charge as their fee before you make a final hiring decision.

Before the 1970s, asbestos was in widespread use in many industries in California. Since it was such an integral part of the Industrial Revolution, it could not be completely removed and still exists in houses and buildings even today.

Most industries used asbestos in building materials for insulating pipelines, boilers and other pieces of equipment. Due to the natural breakdown process or manual sawing and cutting of these materials, asbestos particles were released into the air. These particles, when inhaled or ingested, can cause scarring and inflammation of the lung, and eventually lung cancer, mesothelioma and other terminal illnesses.

Some San Jose industries that used asbestos are:

• Agriculture. Several asbestos contamination lawsuits have named agricultural chemical and machinery companies like FMC Corporation. The companies used asbestos-containing pumps and other components that may have led to hazardous exposure.
• Technology. Tech giants like International Business Machines Corporation (IBM) were using asbestos in equipment and materials because of its heat and corrosive resistance properties. Many employees and their families have successfully claimed compensation for primary and secondary exposure.
• Food. Food packaging companies like Del Monte Corporation have been involved in several personal injury claims by its workers for asbestos exposure.

California has one of the highest numbers of asbestos claims in the country every year. Like most personal injury claims, a large majority of mesothelioma claims are settled outside of the court before, during or post-trial.

Many companies that have now become bankrupt have established asbestos trust funds for future mesothelioma claims. So, if you are eligible, you can claim compensation from these funds. Asbestos trust funds still have over $30 billion of unclaimed amounts for the victims.

Some of the most significant asbestos verdicts awarded in California are:

• $107 Million. In July 2023, a jury awarded more than $100 million in a wrongful death claim for the death of a maintenance employee due to mesothelioma. The award comprised $75 million in punitive damages and $32 million in compensatory damages.
• $32 Million. In April 2016, a jury awarded $10 million in punitive damages and $22 million in compensation against American Optical Corporation for marketing a faulty respirator that exposed the victim to asbestos.
• $22.27 Million. In December 2017, a California jury awarded plaintiffs a $22.17 Million verdict against Imerys Talc America Inc. and Vanderbilt Minerals LLC. The victim died of mesothelioma caused by paint made with asbestos-contaminated talc.

Several state departments oversee the compliance of state and federal asbestos laws in San Jose. If you have any specific queries or complaints, you can learn more about the appropriate department that can help you from the list below.

• Schedule an inspection: You can self-schedule an inspection here or call 408-535-3555 for assistance.
• Asbestos contractor registration: To register as an asbestos contractor in California, you can check out the process on the Department of Industrial Relations website.
• Federal OSHA compliance directives: To learn more about federal asbestos directives and their interpretations, you can visit the Occupational Safety and Health Administration website.
• Reporting unsafe working conditions: Call the nearest Cal/OSHA Enforcement Office.
• Reporting environmental concerns: Contact the State Air Resources Board complaint hotline at 1-800-272-4572, call U.S. EPA at (415) 744-1089 or contact your local air quality district.

Forbes Advisor considered many factors in developing the list of best mesothelioma lawyers in San Jose of 2024. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we consider factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It might not include relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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