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How much is this damage worth?

Irvine, CA |

I'm a scientist, The work that I do in lab is poisonous ( exposes me to cancer). I have now caught cancer, and undergone a failed liver transplant, currently waiting for my second.
I would like some legal advice on the amount of settlement I could be looking at, many thanks!

Attorney Answers 9

Posted

You would be better off consulting with a CA workers' compensation attorney to have all of the factors analyzed.

In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

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Posted

As you are probably aware, an epidemiologist can determine causal factors for cancer in a large population, but proving causation of an individual case of cancer can be quite difficult. Doing so will likely require extensive expert testimony. If causation can be established, however, your damages are very substantial. Your best bet is to consult with an experienced worker compensation attorney who can review your claims in their entirety and provide you with better-informed opinions.

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1 comment

Paul J Molinaro

Paul J Molinaro

Posted

Good post, Alan Ray Barnes, Esq. - Paul

Posted

Really sorry to learn of your situation. As a scientist you know there is no certainty to anything. You need a professional; no different than yourself.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

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Posted

You can retain a local workers compensation lawyer to evaluate the case. Avvo has a great "find a lawyer" tool to locate a top-rated Avvo attorney (10) with a low contingency fee, less than thirty percent, so you don't get hurt twice. Good luck.

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Posted

Far too little information to give you any kind of realistic assessment. We don't even know if this is a workers' comp. case or personal injury, though I'd be leaning toward WC. I think you need a WC referral, which our firm often does.

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Posted

Get a comp atty, and investigate to see if there is any 3d party that can be sued.

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Posted

Assuming that you were employed and not working as an independent contractor, you need to contact a workers compensation attorney. Without additional details, it is not possible to evaluate your potential damages claim.

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Posted

Please do not wait any longer and call an attorney. You have a Statute of Limitations which will eventually bar you from recovery after a certain time has passed. Thus no one will even settle with you if you miss the deadline. Sorry for your terrible experience!

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Posted

Whether a workers compensation and/or tort claim you will need to prove that the lab exposure caused your cancer. Don't assume that you will meet that burden.

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