01. Filing Claims and Lawsuits in West Virginia
Filing Mesothelioma Claims and Lawsuits in West Virginia
More West Virginians have been affected by asbestos exposure than the national average. Between 1999 and 2019, 551 state residents died from mesothelioma. Two West Virginia counties, Hancock County and Wood County, also ranked among the top 50 counties in the United States with the most mesothelioma deaths between 2000 and 2009.
Asbestos victims in West Virginia may file a claim against companies that manufactured or used asbestos products. In Kanawha County, West Virginia, asbestos victims filed 69 claims in 2020. This made Kanawha County one of the top 10 jurisdictions for the most asbestos lawsuits in the United States that year.
Who Is Eligible to File a Mesothelioma Claim in West Virginia?
Patients with asbestos-related illnesses in West Virginia may consult a mesothelioma attorney about filing personal injury claims. This includes workers who experienced occupational asbestos exposure and family members who experienced secondary exposure in the home. Families may also file an asbestos wrongful death suit if their loved ones passed away from an asbestos-related disease.
Before the 1980s, asbestos was common in many jobsites and products. As a result, many West Virginians experienced exposure. In 2020, Kanawha, West Virginia, had an average of 192 defendants named on asbestos complaints.
Reports show cases of mesothelioma among West Virginians from 2003 to 2008 were highest in areas with significant employment in power plants, chemical plants and coal mining. Workers in these industries continue to be at high risk of asbestos exposure.
Residents of West Virginia 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:
- Culloden, WV
- Fairmont, WV
- Hedgesville, WV
- Milton, WV
- Morgantown, WV
- Moundsville, WV
- Mount Carbon, WV
- Paden City, WV
- Parkersburg, WV
- Union, WV
- Vienna, WV
- Weston, WV
- Winfield, WV
Deadlines for Filing a Mesothelioma Claim in West Virginia
West Virginia residents may consult a mesothelioma attorney to begin the process of filing an asbestos claim. Claimants have a limited period of time to pursue litigation. The state’s statutes of limitations determine how long individuals have to file a claim after diagnosis or death. Attorneys at mesothelioma law firms may help claimants gather documentation and meet filing deadlines.
Claims must be filed within 2 years after a mesothelioma diagnosis.
Claims must be filed within 2 years after death from mesothelioma.
Some West Virginians may also be eligible to submit an asbestos trust fund claim. As part of bankruptcy proceedings, companies may establish asbestos trust funds to compensate current and future asbestos victims.
A mesothelioma law firm may help claimants access and manage the trust fund application and payout process. Some claimants may qualify for more than one trust fund.
Did You Know?
02. West Virginia Mesothelioma Law Firms
Mesothelioma Law Firms in West Virginia
West Virginia residents may seek legal support from mesothelioma law firms. Former residents and workers in West Virginia 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 West Virginia receive compensation:
Deaton Law Firm
The Gori Law Firm
Simmons Hanly Conroy
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. West Virginia Mesothelioma Settlements and Verdicts
Mesothelioma & Asbestos Settlements in West Virginia
West Virginians who developed an illness from asbestos exposure and their loved ones have received millions of dollars in compensation from lawsuits. Mesothelioma lawyers have helped clients in West Virginia obtain settlements that may pay for travel expenses, medical treatment and lost wages.
Claimants in West Virginia have received compensation through lawsuit settlements and verdicts. We have listed below a few of the verdicts and settlements compensating victims of asbestos exposure in West Virginia:
- $6.6 MILLION: Navy Worker/Machinist – 53 years old
- $5.2 MILLION: Nurse Aide – 49 years old
- $3.2 MILLION: Construction Worker/Plant Worker – 52 years old
- $1.9 MILLION: Plant Worker – 72 years old
- $1.7 MILLION: Warehouse Worker – 58 years old
- $1.6 MILLION: Household/Army – 79 years old
- $1.4 MILLION: Household – 71 years old
- $1.1 MILLION: Plant Worker – 82 years old
- $600,000: Army/Laborer – 66 years old
- $500,000: Household/Secretary – 84 years old
Asbestos Verdicts Against DuPont in West Virginia
DuPont Belle Works is a chemical plant that opened in the 1920s in Belle, West Virginia. The facility produced ammonia, methanol and rootstock chemicals. By the 1950s, it employed more than 5,000 West Virginians. The facility, now known as Chemours Belle, has been the subject of multiple asbestos claims.
In 2002, DuPont was ordered to pay $6.4 million to the family of an individual who died from mesothelioma. Although the mesothelioma victim didn’t work at DuPont, the man’s father installed asbestos insulation at the plant from the 1940s to the 1970s. The jury found that the former worker’s son experienced asbestos exposure from fibers brought home on his father’s clothing in the past.
A $600,000 award was also provided to the widow of a DuPont employee. The former employee was a laborer and mechanic at the facility for more than 30 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.
04. Asbestos Laws in West Virginia
West Virginia Asbestos Laws & Regulations
Since the 1970s, the United States and West Virginia governments have introduced various asbestos regulations to help ensure public health and safety. In addition to federal laws created by the Environmental Protection Agency (EPA), West Virginia state laws also outline:
- Enforcement of national emission standards: Individuals planning a demolition or renovation in West Virginia must first arrange a site inspection for asbestos-containing materials. If asbestos is found, owners must notify the West Virginia Department of Environmental Protection (DEP) at least 10 working days before the project begins.
- Asbestos licensure law and rules: The West Virginia Code sets out licensure requirements for workers involved in any asbestos abatement project in the state. West Virginia licensing rules specify the duties and responsibilities of licensed contractors and other abatement workers.
- Approval of asbestos abatement courses: West Virginia law outlines course requirements for asbestos abatement training.
- State asbestos compliance program: The West Virginia Department of Health and Human Services processes notifications for abatement projects, performs site inspections and confirms workers are properly licensed. The program also investigates any complaints to ensure state laws are being followed.
West Virginia Laws Affecting Asbestos Litigation
Due to the large number of cases in West Virginia, the state created laws that impact asbestos litigation. Mesothelioma attorneys know the intricacies of asbestos laws and may help plaintiffs understand a state’s legal process.
For example, plaintiffs in West Virginia are categorized into three groups based on the severity of their medical condition. Plaintiffs with the most severe illnesses, such as mesothelioma, are given priority in trial groups. This law helps plaintiffs with mesothelioma receive compensation quickly.
West Virginia courts also require plaintiffs to provide a report on occupational history, medical history, medical providers and any benefits they receive. Attorneys at mesothelioma law firms can help plaintiffs collect this evidence and submit documentation.