01. Filing Claims and Lawsuits in Oregon
Filing Mesothelioma Claims and Lawsuits in Oregon
Oregon residents and workers may have been exposed to asbestos throughout the state. Asbestos exposure is linked to diseases, such as mesothelioma cancer. From 1999 to 2017, there were 891 recorded instances of mesothelioma in Oregon. From 1999 to 2019, Oregon was in the top 15 states for mesothelioma death rates. During those years, 870 residents passed away from the disease.
Victims may be eligible for compensation by filing lawsuits or claims against negligent asbestos companies.
Various jobsites using asbestos have put community areas and occupations at high risk for exposure. The Environmental Protection Agency (EPA) designated several areas in Oregon as asbestos Superfund sites. EPA Superfund sites are contaminated with harmful substances such as asbestos. These sites pose a risk to the public and environmental health. The EPA oversees or performs a cleanup to restore these areas to safety.
Residents or workers in Oregon who were exposed to asbestos may be eligible to file a lawsuit. National law firms have won numerous multi-million-dollar settlements in Oregon.
Who Is Eligible to File a Mesothelioma Claim in Oregon?
Oregonians who have been impacted by asbestos may be eligible to file a claim or lawsuit. Patients diagnosed with an asbestos-related illness or surviving loved ones may be able to file compensation claims.
There are areas statewide with risk for Oregon asbestos exposure. Some high-risk locations are EPA Superfund sites and previous asbestos mines.
There are four EPA-designated asbestos Superfund sites in Oregon:
- Burns Air Force Radar Station
- North Ridge Estates
- Supreme Perlite
- Vermiculite NW (former)
Burns Air Force Radar Station and North Ridge Estates were both military bases. They used asbestos-containing materials at their facilities. This put service members and veterans at risk of asbestos exposure.
North Ridge Estates was turned into a residential area, built on a demolished military site. The original military complex had more than 80 asbestos-containing buildings. They were improperly demolished, leading to contamination in the soil. The EPA performed three cleanups from 2016 – 2018. The Oregon Department of Environmental Quality directs long-term management of the site.
The other asbestos Superfund sites in the state, Supreme Perlite and Vermiculite NW, processed vermiculite from Libby, Montana. The Libby mine also contained asbestos, potentially exposing anyone who handled the vermiculite.
In addition to EPA Superfund sites, companies mined asbestos deposits in three locations:
- L.E.J. Asbestos mine
- Mount Vernon deposit
- Raspberry Creek deposit
Residents of Oregon who lived in the following cities and towns have filed mesothelioma lawsuits to protect their rights and to seek compensation from negligent manufacturers and distributors of asbestos:
- Albany, OR
- Astoria, OR
- Bend, OR
- Brookings, OR
- Creswell, OR
- Damascus, OR
- Estacada, OR
- Gladstone, OR
- Grants Pass, OR
- Gresham, OR
- Jefferson, OR
- Klamath Falls, OR
- Lake Oswego, OR
- Medford, OR
- Milton-Freewater, OR
- Milwaukie, OR
- Molalla, OR
- Newberg, OR
- Oceanside, OR
- Phoenix, OR
- Portland, OR
- Roseburg, OR
- Salem, OR
- Sandy, OR
- Springfield, OR
- Toledo, OR
- Veneta, OR
- Winston, OR
Deadlines for Filing a Mesothelioma Claim in Oregon
Individuals in Oregon may be able to file a lawsuit or claim if diagnosed with an asbestos-related disease, such as mesothelioma. A qualified mesothelioma attorney can help prepare the case and file on behalf of the victim.
Each state has deadlines for filing lawsuits, called the statutes of limitations. Depending on lawsuit type, this deadline generally runs from the date of diagnosis or death. Patients may be eligible to file a personal injury lawsuit. Surviving family members may be eligible to file a wrongful death lawsuit.
Oregon Statutes of Limitations
Claims must be filed within 3 years after a mesothelioma diagnosis.
Claims must be filed within 3 years after death from mesothelioma.
Victims may be eligible for compensation through other claim options. Victims could potentially file claims through trust funds, workers’ compensation or veterans benefits. An experienced lawyer can help individuals understand their options.
Did You Know?
02. Oregon Mesothelioma Law Firms
Mesothelioma Law Firms in Oregon
Oregon residents may seek legal support from mesothelioma law firms. Former residents and workers in Oregon may be eligible to file a claim in the state. Experienced law firms can explain eligibility and filing options. They can also determine if this state is the best jurisdiction to file the claim in.
The following law firms can help people living in Oregon receive compensation:
Dean Omar Branham Shirley, LLP
When considering legal representation for your mesothelioma claim, it is beneficial to seek legal support from experienced nationwide law firms. These firms have the breadth of experience, knowledge and resources to build a successful case. Their lawyers have experience prosecuting large asbestos companies and holding them accountable for their wrongdoings.
Lawyers at these firms frequently travel across the country to visit claimants. This means you will not need to travel to discuss your case. They will come to you to address your questions and needs. Nationwide law firms aim to make the process easy for you. Their main goal is to secure the most favorable financial outcome for you and your family.
Resources for Mesothelioma Patients
03. Oregon Mesothelioma Settlements and Verdicts
Mesothelioma & Asbestos Settlements in Oregon
Victims have won multi-million dollar settlements in Oregon. This compensation can help them recover from medical bills and loss of income. It can also provide security for their loved ones’ future.
We have listed below a few of the verdicts and settlements compensating victims of asbestos exposure in Oregon:
- $3.4 MILLION: Army – 45 years old
- $2.4 MILLION: Sheet Metal Worker – 70 years old
- $1.5 MILLION: Navy/HVAC – 75 years old
- $1.4 MILLION: Air Force/Corrections Officer – 61 years old
- $1.3 MILLION: Shipyard – 76 years old
- $1.2 MILLION: Navy/Construction – 67 years old
- $1.2 MILLION: Construction – 79 years old
- $1.2 MILLION: Navy/Administrator – 80 years old
- $1.2 MILLION: Army/Construction – 64 years old
- $1.1 MILLION: Household/Plant Worker – 82 years old
Mesothelioma & Asbestos Verdicts in Oregon
In 2019, a Portland jury awarded an Oregon couple $8.75 million in a mesothelioma case. The plaintiff worked for construction companies that used Kaiser Gypsum spackle. The popular spackle contained asbestos, which the plaintiff inhaled while sanding the product. The jury awarded $750,000 for medical expenses and $8 million to the couple for their pain and suffering. Two other companies settled privately and paid the couple an undisclosed sum.
Note: Each lawsuit is different, and prior results do not guarantee a similar outcome in the future. Contact a reputable Oregon mesothelioma lawyer to understand how much compensation you may be eligible to receive.
04. Asbestos Laws in Oregon
Oregon Asbestos Laws & Regulations
Oregon follows federal laws and regulations to limit asbestos exposure. Oregon adopted other regulations in 2018 for handling, removing and disposing of asbestos materials. The Oregon Department of Environmental Quality enforces these regulations.
Examples of Oregon-specific asbestos regulations include:
- Before asbestos abatement, the facility owner, operator or contractor must file an ASN-1 or ASN-6 form.
- An asbestos inspector must check all residential buildings constructed before 2004 for asbestos.
- Accredited laboratories must perform asbestos testing.
- Individuals must package non-friable asbestos in the same manner as friable asbestos for disposal.
Friable means easily powdered or crumbled, which can release asbestos fibers into the air.
Individuals and companies who violate federal or state regulations are subject to fines. There is not a full asbestos ban in the United States. However, these regulations can help protect communities from the dangers of asbestos exposure.
Oregon legislation regarding asbestos litigation is unique from other states in a few ways. These differences can make verdicts more favorable for plaintiffs.
Laws impacting asbestos litigation in Oregon include:
- No Lohrmann test: Like California, Oregon does not require plaintiffs to use the Lohrmann test. Oregon plaintiffs must only prove a specific product was a significant disease factor. In other states, the plaintiff must also prove other factors. Lohrmann test factors are regularity, frequency and proximity of an asbestos product.
- Modified comparative negligence: Oregon has a modified comparative negligence law, rather than contributory negligence. This means there is a sliding scale of guilt between the defendant and plaintiff. If the plaintiff is found to be a percentage at fault, courts will adjust the settlement for that amount. In Oregon, plaintiffs must not be found at 51% fault or higher to receive compensation. For contributory negligence, a plaintiff with any fault will lose their financial claim.
- No bare metal defense: In 2016, the Oregon Court of Appeals ruled that the bare metal defense is inapplicable. This defense protects a company if its non-asbestos product has asbestos replacement parts. Oregon differs from other states by no longer allowing this defense.
- Contractor liability: In Oregon, contractors have more liability in some cases. Contractors are not liable if they used asbestos materials per a project owner’s direction. However, plaintiffs can file claims against a contractor if they substituted asbestos materials without direction or consent.
A mesothelioma attorney can explain how these laws may impact a victim’s filing options.