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California has allowed victims’ pain and suffering damages to die with them for decades. In other words, California has long barred surviving family members from obtaining pain and suffering damages. Usually, pain and suffering damages are the greatest sum of money at stake in a civil suit. For a very long time, California law limited the damages that surviving family members could recover to the loss or damage that the decedent incurred before their death, including punitive damages that the decedent could have been entitled to recover if they had lived.

Finally, in January 2022, amendments to the California law that long barred surviving family members from recovering pain and suffering damages went into effect. California’s new law now allows surviving family members to recover pain and suffering damages on behalf of their deceased loved ones. Senate Bill No. 447 (SB 447) increased the number of payable damages to include pain and suffering damages.

Before the passing of SB 447, liable parties used to take advantage of the fact that surviving family members could not recover pain and suffering damages, which often resulted in multi-million-dollar payouts. When companies and individuals were sued, they used to drag out the trial, hoping that the plaintiff would die, allowing them to save money. To some, the previous California law rewarded companies and individuals for bad behavior (prolonging court procedures). Hopefully, SB 447 will end the injustice by allowing family members to pursue suffering damages even if their loved one dies before their claims are resolved.

When it comes to mesothelioma lawsuits, it is usually a good idea to look for expert assistance. An attorney is one of the experts a patient or the family of a mesothelioma patient needs to work with. Another expert that might prove beneficial to a mesothelioma case is an expert witness. Usually, expert witnesses are necessary in personal injury cases where medical and legal issues become complex, and mesothelioma lawsuits almost always involve complex medical and legal issues.

Read on to learn how an expert witness can help your mesothelioma case.

What is an Expert Witness?

According to Mayo Clinic, mesothelioma is a form of cancer that occurs in the mesothelium. Mesothelioma is a fatal form of cancer, and there is still no cure for it. However, treatment options are available. Often, mesothelioma is diagnosed at an advanced stage, and the main aim of treatment is to manage symptoms and keep them under control. This is known as palliative treatment. There are several ways patients can manage mesothelioma symptoms.

Below is a look at some of the most common ways of managing mesothelioma symptoms.

Disclaimer: The following is not medical advice. For medical advice, please speak to your doctor. 

In a mesothelioma case, surgery is meant to remove cancer from the body. Mesothelioma surgery is intended to help an individual feel better and live longer. Surgery combined with chemotherapy, and, sometimes, radiation, is considered the best mesothelioma treatment.

Not All Mesothelioma Patients are Eligible for Surgery

Before a doctor can perform surgery on a mesothelioma patient, they must assess the patient to determine if they are qualified to undergo surgical treatment. Some pleural mesothelioma patients do not qualify for surgery, but most do. Most of those who are eligible to undergo surgical procedures usually undergo procedures aimed at improving symptoms and quality of life.

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