01. Filing Claims and Lawsuits in Kansas
Filing Mesothelioma Claims and Lawsuits in Kansas
Before the 1980s, asbestos products were frequently used in Kansas. As a result, state residents may have experienced asbestos exposure. Mesothelioma has a long latency period, which means residents are still at risk of developing the rare cancer.
Between 1999 and 2019, approximately 410 Kansas residents died from mesothelioma. From 1999 to 2017, 424 individuals in Kansas were diagnosed with mesothelioma. Today, mesothelioma law firms work to recover compensation for families in Kansas affected by asbestos-related diseases.
From 1999 to 2017, 42% of asbestos-related deaths in the state occurred in four counties:
- Johnson County
- Sedgwick County
- Shawnee County
- Wyandotte County
Asbestos victims in Kansas and their loved ones may seek compensation by filing personal injury or mesothelioma wrongful death lawsuits. Eligible claimants may receive compensation through jury awards, out-of-court settlements or trusts. Veterans and members of the military may also be eligible for VA benefits, including compensation, cancer screenings and treatment. A Kansas mesothelioma lawyer can provide more information about how to file claims.
Who Is Eligible to File a Mesothelioma Claim in Kansas?
Asbestos-exposure victims in Kansas who develop a related illness may file a mesothelioma claim. In the event of a mesothelioma death, surviving family members may also file a wrongful death claim.
Attorneys may also represent individuals with other asbestos-related diseases, such as asbestosis or lung cancer.
Patients may have faced asbestos exposure at various sites in Kansas. For instance, individuals in Wichita, Kansas, may have experienced occupational asbestos exposure due to the city’s aviation industry. Asbestos was commonly used extensively in aerospace manufacturing.
Several companies such as Beech Aircraft Corporation and the Boeing Company operated facilities in Wichita and employed thousands of workers. Records show these companies used asbestos, potentially exposing workers. Kansas workers may file claims or lawsuits against negligent companies who manufactured asbestos products.
Kansas residents living in the following towns and cities have filed mesothelioma lawsuits to protect their rights and seek compensation from manufacturers and distributors of asbestos:
- Albert, KS
- Cimarron, KS
- Clearwater, KS
- Columbus, KS
- Derby, KS
- Great Bend, KS
- Independence, KS
- Lenexa, KS
- Newtown, KS
- Ottawa, KS
- Overland Park, KS
- Phillipsburg, KS
- Scott City, KS
- Shawnee, KS
- Topeka, KS
- Udall, KS
- Valley Center, KS
- Wichita, KS
- Winfield, KS
Deadlines for Filing a Mesothelioma Claim in Kansas
Workers in many industries have risked asbestos exposure in Kansas. It’s important for individuals to act quickly after a mesothelioma diagnosis. Kansas residents have two years to file a lawsuit starting from the date of diagnosis or death. These deadlines are known as the statutes of limitations.
Kansas Statutes of Limitations
Claims must be filed within 2 years after a mesothelioma diagnosis.
Claims must be filed within 2 years after death from mesothelioma.
Kansas residents may also be eligible to file asbestos trust fund claims or VA claims. Asbestos trust funds are often established during a company’s bankruptcy proceedings to compensate current and future victims. An experienced lawyer can help individuals understand their claim options.
Did You Know?
02. Kansas Mesothelioma Law Firms
Mesothelioma Law Firms in Kansas
Mesothelioma law firms can help Kansas residents file a claim and receive compensation. These law firms have experience with different types of claims, including lawsuits and asbestos trust funds. Lawyers at these firms can explain an individual’s eligibility for different claim options and assist with the entire claim process.
The following law firms can help people living in Kansas receive compensation:
The Gori Law Firm
Simmons Hanly Conroy
A nationwide law firm will give you access to experienced attorneys who will be happy to travel to you. They will guide you through the details of your case and address any questions you have. These lawyers will assist you throughout the entire claim process.
Additionally, these law firms have years of experience, a deep knowledge of asbestos laws and access to extensive resources to build your lawsuit. With their background, the lawyers at these firms can decide which jurisdiction will provide the most favorable financial outcome for your case. Filing a lawsuit outside your state of residence may have the best outcome. Their legal teams will guide you through the whole process.
Resources for Mesothelioma Patients
03. Kansas Mesothelioma Settlements and Verdicts
Mesothelioma & Asbestos Settlements in Kansas
Kansas residents who experienced asbestos exposure have several legal options to seek compensation. Attorneys may provide specific advice about these options. Filing a lawsuit may be one option for Kansas residents to seek compensation. Mesothelioma lawsuits may result in a jury award. However, many asbestos cases are settled before they reach the courtroom.
We have listed below a few of the verdicts and settlements compensating victims of asbestos exposure in Kansas:
- $2.8 MILLION: Secretary – 62 years old
- $1.7 MILLION: Navy/Plant Worker – 68 years old
- $1.6 MILLION: Farmer/Electrician – 83 years old
- $1.5 MILLION: Navy/Refinery – 78 years old
- $1.4 MILLION: Plant Worker/Carpenter – 83 years old
- $1.3 MILLION: Navy – 73 years old
- $1.2 MILLION: Navy/Machinist – 75 years old
- $1.2 MILLION: Construction/Home Renovations – 79 years old
- $1.1 MILLION: Navy Worker – 68 years old
- $1.1 MILLION: Mechanic – 67 years old
$80 Million Settlement Provides Medical Monitoring to Asbestos Victims
In 2016, Kansas mesothelioma attorneys reached a landmark $80 million settlement against Jackson County and the building company, U.S. Engineering. The decision from this class action lawsuit created the state’s largest asbestos-related medical monitoring fund. Lead plaintiffs, Jeanne Morgan and David Elsea, initiated the lawsuit after a co-worker died from mesothelioma in 2010.
The plaintiffs worked in the Jackson County Courthouse between 1983 and 1985, when the building was being renovated. Morgan describes asbestos dust covering her desk and blowing through the air vents. Workers in the building were not properly protected during removal of asbestos-insulated pipes.
Approximately 7,500 individuals may be eligible for medical monitoring, including:
- Court employees
Individuals who were in the courthouse for at least 80 hours during the renovation are eligible for annual medical screenings. Those in the building for the minimum amount of time between 1986 and 2007 are eligible for chest X-rays every five years.
Note: Each case is different, and previous success does not guarantee a similar outcome. Families who have been affected by asbestos should contact a reputable Kansas mesothelioma lawyer to determine what types of compensation may be available.
04. Asbestos Laws in Kansas
Kansas Asbestos Laws & Regulations
Large amounts of mesothelioma claims and lawsuits in Kansas have led to new laws and regulations. These laws were created to prevent future liability issues and to ensure current cases are resolved fairly. Kansas mesothelioma attorneys may help asbestos victims understand state and local laws impacting claims, including:
- Medical criteria: The Kansas Silica and Asbestos Claims Act requires plaintiffs to provide evidence of a permanent medical impairment from a board-certified oncologist or qualified professional. This applies to mesothelioma, asbestosis and related conditions.
- Burden of proof: The Kansas Silica and Asbestos Claims Act also requires attorneys to prove asbestos exposure was a substantial factor in causing injuries or death.
- Successor liability: The Successor Corporation Asbestos-Related Liability Fairness Act limits cumulative liabilities to 100% of the successor’s fair total market value and gross assets at the time of transfer. This applies to lawsuits filed against companies that assumed asbestos-related liabilities before 1972.
Local and national asbestos laws also protect individuals from asbestos exposure. The Kansas Department of Health and Environment Bureau of Air regulates the state’s Asbestos Program. It enforces asbestos control statutes to help the state comply with Environmental Protection Agency (EPA) regulations. These rules require certain building projects to be performed by licensed asbestos removal contractors, and the state must be notified of such activities at least 10 days in advance.