West Virginia Mesothelioma Lawyers

Some mesothelioma patients may also qualify for asbestos bankruptcy trust fund claims. Asbestos companies often create these trust funds during bankruptcy proceedings. By doing so, money is set aside for current and future asbestos victims.

Some victims may qualify to seek compensation from multiple sources. Mesothelioma lawyers can determine which legal options are available for each client. They can manage the full filing process and any payout negotiations or closing paperwork.

Did You Know?

The statutes of limitations in the state you now live may not be applicable to your case. An experienced mesothelioma attorney can determine the best state in which to file your case and what the deadline to file will be.

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Filing VA Claims in West Virginia

Veterans faced frequent service-related asbestos exposure risks. For decades, the military used asbestos materials and parts in its facilities, equipment and vehicles. This led to asbestos exposure for many service members.

Approximately 107,271 veterans were living in West Virginia in 2021. These individuals are considered high risk for developing mesothelioma. Veterans with mesothelioma who experienced military asbestos exposure have certain entitlements to financial compensation. This compensation is part of the United States veterans benefits program.

03. West Virginia Settlements & Verdicts

Mesothelioma Settlements in West Virginia

West Virginia asbestos victims have received millions of dollars through asbestos litigation. Asbestos lawyers can help clients file mesothelioma lawsuits in West Virginia or other states for compensation. Often, mesothelioma compensation comes from settlements.

Settlements are private financial agreements between a victim (plaintiff) and a defendant. Mesothelioma settlements help compensate patients for medical costs, travel expenses and lost income.

Below are examples of West Virginia settlements compensating victims of asbestos exposure:

• $6.9 million for a 51-year-old Navy veteran and machinist
• $5.2 million for a 49-year-old nurse’s aide with secondary exposure
• $3.3 million for a 52-year-old construction worker and coal miner
• $2.5 million for a 64-year-old Army veteran and steel worker
• $1.9 million for a 72-year-old National Guard veteran and steel worker
• $1.9 million for a 49-year-old warehouse worker with secondary exposure
• $1.6 million for a 79-year-old Army veteran and equipment auditor
• $1.5 million for a 71-year-old shipyard worker (Newport News Shipbuilding and Drydock Company)
• $1.1 million for an 81-year-old manufacturing worker with secondary exposure

Mesothelioma Verdicts in West Virginia

In the 1920s, a chemical plant called DuPont Belle Works opened in Belle, West Virginia. By the 1950s, more than 5,000 West Virginians worked there. A number of mesothelioma lawsuits cite asbestos exposure at this plant.

• In 2002, a jury ordered DuPont to pay $6.4 million to the estate of a mesothelioma patient. The patient’s father installed asbestos insulation at DuPont from the 1940s to the 1950s. The lawsuit claimed the patient’s father unknowingly brought asbestos fibers home on his clothing. He experienced secondary asbestos exposure, which later led to mesothelioma. A jury found DuPont liable for the asbestos exposure.
• In 2002, the widow of an asbestos victim received a $600,000 award. Her husband was a former DuPont employee. He had worked as a laborer and mechanic at the plant for 35 years.

_{Note: Each lawsuit is different, and prior results do not guarantee a similar outcome in the future. Contact a reputable West Virginia mesothelioma lawyer to understand how much compensation you may be eligible to receive.}

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04. Asbestos Laws in West Virginia

West Virginia Asbestos Laws & Regulations

Since the 1970s, federal asbestos regulations have helped protect public health and safety. These include instructions for activities like asbestos handling and disposal. The Environmental Protection Agency (EPA) oversees many of these laws. The Occupational Safety and Health Administration (OSHA) also regulates asbestos use.

West Virginia has also introduced various state-level asbestos laws, which outline:

• Asbestos licensing and training: West Virginia sets licensing and training requirements for workers involved in asbestos abatement. These rules also specify the duties and responsibilities of abatement workers, like asbestos contractors.
• Enforcement of asbestos inspections: West Virginia sets guidelines for asbestos inspections and notifications before demolishment or renovation projects.
• Penalties: Fines are outlined for various types of asbestos violations. Depending on the person’s history of asbestos violations, these can range from $250 to $50,000 per violation.

The West Virginia Department of Health and Human Resources runs an Asbestos Program. This program regulates various aspects of asbestos management. It also investigates complaints to ensure state laws are being followed.

West Virginia Laws Affecting Asbestos Litigation

West Virginia has a high volume of asbestos cases. To manage these, it has implemented various asbestos judicial initiatives and laws. Judicial initiatives created by the courts to manage asbestos cases include:

• Case Management Order: Established in 2011, this order helps schedule and prioritize asbestos cases. Based on various factors, cases are assigned to one of three categories. This helps plaintiffs facing the most hardship take top priority.
• Mass Litigation Panel: In 2008, West Virginia created a mass litigation panel to handle asbestos lawsuits in the state. Any asbestos case filed in West Virginia may be referred to this special panel and combined with similar cases.

West Virginia also has various laws passed by legislators that impact asbestos lawsuits. Some of these are common and have been adopted by other states. Notable West Virginia laws impacting mesothelioma lawsuits include:

• Limit on punitive damages: Punitive damages may not exceed either $500,000 or four times the amount of compensatory (non-punitive) damages. The limit is whichever is greater of the two figures.
• Trust transparency: A plaintiff must disclose if they have applied to any asbestos trust funds. This involves a sworn statement identifying all trusts they filed against and any trusts they could file a future claim against.
• “Two-disease” rule: A plaintiff may file a lawsuit for a non-malignant asbestos illness (like asbestosis). If they later develop mesothelioma, they can file another lawsuit.

Other laws may impact asbestos lawsuits and the litigation process. Clients don’t need to worry about understanding these legal nuances. Mesothelioma lawyers can navigate all relevant laws when filing lawsuits in West Virginia.