New California Law Could Benefit Mesothelioma Plaintiffs

A recently amended California law will now allow the estates of deceased plaintiffs, including mesothelioma patients, to collect pain and suffering damages. Previously, only the person who sustained bodily injury could recover pain and suffering damages. These damages are often the largest sums of money at stake in many mesothelioma lawsuits. When it becomes law on Jan. 1, Senate Bill 447 will expand the range of recoverable damages and eliminate long-standing restrictions. The amended statute, signed Oct. 1, allows California to join 45 other states that permit the recovery of noneconomic damages for an assortment of personal injury cases after a plaintiff dies. Florida, Idaho, Colorado and Arizona are the only states that still prohibit the practice. “This is a giant step forward for mesothelioma victims in California,” San Francisco-based attorney Jennifer Alesio, shareholder at the Simmons Hanly Conroy law firm, told The Mesothelioma Center at Asbestos.com. “Prior to its passage, asbestos companies received a ‘death discount’ if a mesothelioma victim passed away prior to trial.” Law Provides More Help to Families Alesio, who focuses her practice on mesothelioma and other cases related to asbestos, has earned a reputation as a leader in the field with her empathetic approach to clients, her tenacity in the courtroom and the settlements and verdicts she has obtained. “The legislature heard heartbreaking testimony from families of asbest...
Source: Asbestos and Mesothelioma News - Category: Environmental Health Authors: Source Type: news