Filing Mesothelioma Lawsuits in South Carolina
Individuals in at least 44 South Carolina towns and cities have filed mesothelioma lawsuits against the manufacturers of asbestos-containing products. Relative to many other states, South Carolina is known to be more favorable for plaintiffs in asbestos lawsuits. Experienced South Carolina mesothelioma attorneys know state-specific laws and can help their clients navigate the legal process in South Carolina.
Key Facts About South Carolina Asbestos Litigation
- A mesothelioma victim has three years from the date of their diagnosis to file a mesothelioma lawsuit, and the family of a deceased mesothelioma victim has three years from the date of death to file a wrongful death claim on the victim’s behalf.
- South Carolina’s Asbestos and Silica Claims Procedure Act of 2006 allows for efficient claim resolution for mesothelioma and other serious physical impairments cases by giving trial priority to claimants diagnosed with a malignant disease caused by exposure to asbestos or silica.
- The Asbestos and Silica Claims Procedure Act establishes a “two disease” rule for asbestos cases, which means that a prior lawsuit arising from a non-malignant asbestos disease does not prevent an individual from filing another lawsuit if they are later diagnosed with mesothelioma or asbestos-related lung cancer.
- Receiverships have been established to pursue insurance coverage of defunct companies that harmed South Carolina workers by exposing them to asbestos.
Between 2018 and 2022, approximately 235 South Carolina residents were diagnosed with mesothelioma. From 2019 to 2023, there were 206 South Carolina mesothelioma deaths. Mesothelioma patients and their loved ones have legal rights. By filing lawsuits, they may hold responsible parties liable for their wrongdoings. South Carolina mesothelioma lawyers can explain which options clients can pursue.
Who Is Eligible to File a Mesothelioma Lawsuit in South Carolina?
Mesothelioma patients and their loved ones may be able to file lawsuits in South Carolina. Qualifying criteria for these lawsuits include diagnosis of an asbestos exposure illness. People at risk for exposure in South Carolina include homeowners and workers.
Many mesothelioma diagnoses in South Carolina stem from occupational asbestos exposure. Workers may experience this at asbestos jobsites or when handling asbestos products. Notable sources of asbestos exposure in South Carolina include:
- Military sites: Before the 1980s, the military commonly used asbestos in airplanes, ships, barracks and other buildings. Many veterans faced asbestos exposure risks through these and other sources. South Carolina military exposure sites include Charleston Naval Base, among others.
- Textile plants: Many asbestos textile manufacturing workers experienced high levels of asbestos exposure. One 1997 study found elevated rates of asbestos-related illnesses among Charleston, South Carolina, textile workers compared to the rest of the population.
Residents living in cities and towns across the state of South Carolina have received compensation for their mesothelioma diagnosis by working with mesothelioma lawyers to file lawsuits against manufacturers and distributors of asbestos products. Mesothelioma claimants in the cities and towns below have successfully filed lawsuits:
- Aiken, SC
- Anderson, SC
- Bluffton, SC
- Charleston, SC
- Columbia, SC
- Fort Mill, SC
- Gaffney, SC
- Greenville, SC
- Greenwood, SC
- Little River, SC
- Myrtle Beach, SC
- Rock Hill, SC
- Simpsonville, SC
- Summerville, SC
- Surfside Beach, SC
- West Columbia, SC
Deadlines for Filing a Mesothelioma Lawsuit in South Carolina
South Carolina has various laws that apply to the asbestos litigation process. These laws specify the mesothelioma lawsuit deadline for filing within specific time frames. Asbestos lawyers understand how these laws will impact cases and can explain them to clients.
Asbestos victims may also be able to seek compensation from bankruptcy trust funds. Asbestos companies set up these trust funds to compensate current and future victims. Mesothelioma lawyers can help asbestos victims understand all their options for compensation.
Filing VA Claims in South Carolina
Veteran asbestos exposure occurred at military sites throughout South Carolina. Known exposure sites include Fort Jackson and Parris Island Marine Base. Shipyard asbestos use also led to frequent exposures, including at Carolina Shipping Company and Charleston Naval Base. In 2021, more than 350,000 veterans were living in South Carolina. They may have been exposed to asbestos at these or many other sites.
Veterans have benefits available to them through the U.S. Department of Veterans Affairs (VA). These benefits include compensation for asbestos-related illnesses. Mesothelioma lawyers can help veterans access the assistance they are entitled to for their service.
Resources for Mesothelioma Patients
Top Mesothelioma Law Firms in South Carolina
Mesothelioma law firms can help eligible South Carolinians file lawsuits. Their lawyers have experience building successful cases against asbestos companies. Many South Carolina mesothelioma lawsuits have resulted in compensation. Lawyers at these firms can explain lawsuit eligibility and other available options.
The following law firms can help people living in South Carolina seek compensation:
More Information About These Top South Carolina Mesothelioma Law Firms
The following law firms have a long history of working on behalf of South Carolina mesothelioma victims and their families. Mesothelioma attorneys at these firms are familiar with South Carolina product liability laws and have great knowledge of asbestos products and of South Carolina jobsites where asbestos was once used.
- ELSM: Early, Lucarelli, Sweeney and Meisenkothen is a mesothelioma law firm that has represented mesothelioma victims from South Carolina for over 30 years. ELSM attorneys have recovered over $100 million on behalf of South Carolina residents or clients that were exposed to asbestos in South Carolina.
- Motley Rice: Motley Rice co-founder, the late Ron Motley, was a pioneer in asbestos litigation. With firm headquarters located at 28 Bridgeside Blvd., Mount Pleasant, SC, Motley Rice has represented mesothelioma victims from South Carolina since the 1970s.
- DOBS, LLP: DOBS, LLP is a national leader in asbestos litigation. The firm is selective in the mesothelioma cases it accepts but consistently leads the nation in mesothelioma verdicts, including a 2024 South Carolina mesothelioma verdict of $63.4 million on behalf of their client. Attorney Trey Branham and DOBS, LLP have also been at the forefront of South Carolina asbestos receivership litigation.
- Ferraro Law: Ferraro Law has been a leader in asbestos litigation since 1985. The firm has represented thousands of clients diagnosed with mesothelioma, asbestosis or asbestos-related lung cancer, securing billions of dollars in verdicts and settlements.
Experienced Mesothelioma Lawyers Licensed to Practice in South Carolina
The following experienced mesothelioma lawyers are all licensed to practice in the state of South Carolina and have represented many clients to successful results:
John A. Baden IV of Motley Rice LLP is an experienced mesothelioma attorney practicing out of the firm’s Mount Pleasant, SC office. Attorney Baden is a graduate of the University of South Carolina School of Law. He has lectured on asbestos bankruptcy issues at several legal seminars.
Trey Branham of Dean Omar Branham Shirley, LLP is a South Carolina trial attorney and national leader in asbestos litigation. He has represented mesothelioma victims across the country for over 20 years and has been instrumental in holding insurance companies responsible in South Carolina receivership cases for insuring defunct asbestos companies that harmed workers. Attorney Branham received his law degree from the University of South Carolina School of Law in 1999.
Anne McGinness Kearse of Motley Rice LLP has over two decades of experience representing South Carolina mesothelioma victims and their families. A University of South Carolina graduate, Attorney Kearse practices out of Motley Rice’s Mount Pleasant, SC headquarters. Among her many awards and recognitions, Attorney Kease was named South Carolina Lawyers Weekly Leadership in Law Lawyer of the Year in 2020 and has been named to the annual South Carolina Super Lawyers list over 10 times.
John D. Hurst of Motley Rice is licensed to practice law in South Carolina. Attorney Hurst is a trial lawyer and has extensive experience representing mesothelioma and lung cancer clients with FELA claims against their railroad employers and merchant mariners with Jones Act claims against shipowners.
Kush Shukla of Meirowitz & Wasserberg is a partner of the firm and represents South Carolina mesothelioma victims and their families injured by occupational, environmental and household exposure to asbestos. Attorney Shukla is fluent in written and spoken Spanish and Portuguese.
Mesothelioma Settlements in South Carolina
Many people have filed mesothelioma lawsuits in South Carolina. Successful lawsuits may result in compensation from mesothelioma settlements or verdicts. Mesothelioma compensation can help cover medical bills, loss of wages and other expenses.
Settlements are private agreements between parties to end a lawsuit in exchange for compensation. The average mesothelioma settlement is about $1 million – $1.4 million. But some South Carolina settlements have exceeded this.
Examples of settlements for South Carolina mesothelioma lawsuits include:
- $5.4 million for a 72-year-old Navy veteran and plant worker
- $4.8 million for a 73-year-old Army veteran and millwright
- $3.8 million for a 66-year-old mechanical engineer and business owner
- $3.3 million for a 67-year-old Navy veteran and automotive mechanic
- $3 million for a 70-year-old Navy veteran and steel worker
- $2.2 million for an 81-year-old Navy veteran and at-home mechanic
- $2.1 million for a 74-year-old shipyard rigger and construction worker
- $1.8 million for a 77-year-old steel worker and painter (General Motors)
- $1.7 million for a 68-year-old Navy and Air Force veteran
Mesothelioma Verdicts in South Carolina
Juries and judges grant verdicts at the end of trials. A verdict award compensates a victim for expenses related to an asbestos illness. A verdict may also include additional money given to a victim to punish a company for excessive wrongdoing. This type of compensation is called punitive damages. South Carolina has had various notable mesothelioma verdicts, including:
- A $63.4 million verdict was awarded by a Columbia, South Carolina jury to a mesothelioma victim and his family. The jury found Johnson & Johnson and co-defendant American International Industrials liable for producing talc powder products that were contaminated with asbestos and resulted in the victim’s mesothelioma diagnosis.
- A $29 million verdict in 2023 was awarded to a pleural mesothelioma patient. The lawsuit alleged she unknowingly used asbestos-contaminated talc products for years. A jury found the talc supplier (Whittaker, Clark & Daniels) responsible for her exposure and related diagnosis.
Note: Each lawsuit is different, and prior results do not guarantee a similar outcome in the future. Contact a reputable South Carolina mesothelioma lawyer to understand how much compensation you may be eligible to receive.
South Carolina Asbestos Laws & Regulations
South Carolina has several laws that relate to asbestos management. Two state bodies oversee the enforcement of state and federal asbestos laws:
- The South Carolina Department of Health and Environmental Control
- The South Carolina Occupational Safety and Health Administration (OSHA)
Various sections of South Carolina code set guidelines for asbestos projects. These guidelines involve asbestos inspections, abatement training and contractor licensing. They also outline how to safely handle, store and dispose of asbestos. There may be penalties for failure to follow these guidelines.
South Carolina Laws Affecting Asbestos Litigation
Other South Carolina laws establish rules for asbestos cases. One such law is the Asbestos and Silica Claims Procedure Act of 2006. The law covers different aspects of asbestos litigation, including trial scheduling and filing requirements.
This law establishes medical requirements for asbestos-related diseases when filing claims. It also establishes a “two disease” rule for asbestos cases. This means that a lawsuit arising from a non-malignant asbestos disease does not prevent a person from filing another lawsuit if they later develop an asbestos cancer.
The 2006 law also creates a mechanism for expediting trials for mesothelioma patients. Courts are allowed to speed up the litigation process for asbestos victims at their discretion.
Experienced mesothelioma lawyers are knowledgeable about South Carolina asbestos laws. They work to ensure their clients’ cases follow all relevant regulations.
Asbestos Litigation Trends in South Carolina
With state laws that are favorable to plaintiffs harmed by asbestos, South Carolina remains generally a good jurisdiction in which to file a mesothelioma lawsuit. Furthermore, recent rulings in the state have created receiverships for defunct companies that manufactured, supplied or installed asbestos products and had insurance policies covering asbestos liability. Most of these policies, or their full extent of their coverage, were previously unknown or hidden from mesothelioma victims and their attorneys. Peter Protopapas has been named a receiver for approximately 20 of these shuttered companies in order to pay mesothelioma victims who can prove they were harmed by the companies, using funds from the companies’ insurance policies.
