Mesothelioma in Mississippi

Asbestos Exposure in Mississippi

Mississippi’s history of asbestos exposure is closely connected to the Gulf Coast and its shipbuilding industry. Pascagoula has been home to major shipbuilding operations for decades, including Ingalls Shipbuilding.

In Owens-Illinois, Inc. v. Edwards, the Mississippi Supreme Court described an Ingalls employee who worked at the Pascagoula facilities from the 1940s until 1984 and was routinely exposed to asbestos, including during insulation work.

Federal proceedings also document asbestos exposure among Ingalls workers. A Fifth Circuit case involving a former shipfitter stated that he worked at Ingalls in Pascagoula from 1953 through 1967 and was exposed to asbestos during that employment.

Another federal case involved approximately 3,100 asbestos claims by former Ingalls shipyard workers, illustrating the scale of historical asbestos litigation connected with the facility.

Exposure also may have occurred in older construction and industrial settings because asbestos was historically incorporated into insulation, fireproofing and other building or commercial products.

Compensation for Asbestos Exposure in Mississippi

A mesothelioma diagnosis may lead to more than one possible source of compensation. The appropriate options depend on where and how exposure occurred, which companies or products were involved, military history, employment status and filing deadlines.

Common options for compensation in Rhode Island include:

• Personal-Injury Lawsuit: A person diagnosed with mesothelioma may be able to pursue claims against companies that are legally responsible for asbestos exposure when the evidence and filing requirements support a case.
• Wrongful-Death Claim: After a death, Mississippi law generally provides for a wrongful-death case to be brought by the executor or administrator of the deceased person’s estate.
• Asbestos Trust Fund Claim: Some companies that entered bankruptcy established trusts for qualifying asbestos claims, and each trust has its own exposure and medical criteria.
• VA Disability Compensation: Veterans may be eligible when they have a health condition caused by asbestos exposure and had contact with asbestos during military service. VA asks for medical records, service records, and evidence connecting the condition to military asbestos exposure.
• Workers’ Compensation: A work-related occupational disease may support a Mississippi workers’ compensation claim, subject to separate filing and causation requirements. Rhode Island law contains specific timing provisions for latent or previously undiscovered disease.

Our dedicated patient advocates can help you determine your potential compensation and identify your options, based on your unique circumstances and exposure history.

Contact us today for a free case evaluation.

Eligiblity Requirements for Compensation in Mississippi

Injured workers and their loved ones must meet strict eligibility requirements to qualify for compensation in Mississippi.

Compensation eligibility generally requires more than a diagnosis alone. A legal or trust claim typically needs information connecting the illness to a qualifying exposure history and responsible product, company, jobsite or military activity.

These requirements can vary depending on the type of compensation you choose to pursue.

However, there are general eligibility requirements that most types of compensation share:

• Proof of Exposure: Documentation showing exposure to specific asbestos-containing products or presence at work sites where asbestos was used
• Medical Eligibility: An asbestos-related illness diagnosis backed by documentation and testing that links the condition to the patient’s exposure history
• Statute of limitations: The deadline to file for both personal injury and wrongful death lawsuits in Mississippi is 3 years following diagnosis or death.

Proving eligibility requires significant documentation, and the burden of proof is on the victim. The following forms of documentation can provide critical support for your claim.

• Medical records
• Proven diagnosis
• Death certificate
• Employment records
• Eyewitness accounts
• Paystubs

Mesothelioma Settlements & Verdicts in Mississippi

Mississippi claimants have secured multiple large settlements and verdicts worth several million in compensation in recent years: an encouraging trend for those considering compensation claims in the state.

An average mesothelioma settlement claim in Mississippi is $1 million to $1.4 million, per Mealey’s Litigation Report.

Mississippi has an extensive history of asbestos litigation associated with Pascagoula shipbuilding. For example, state and federal appellate records describe asbestos claims by former Ingalls employees, including litigation involving exposure during insulation and shipfitting work.

Settlement and verdict amounts can vary widely depending on the circumstances of the case. Speaking to an asbestos litigation expert can help clarify what your claim could be worth.

Asbestos Exposure Risks in Mississippi

Mississippi asbestos exposure risks are most clearly documented in shipbuilding, although asbestos also historically appeared in industrial equipment and older building materials.

Shipyard Work

Pascagoula shipbuilding is the strongest documented Mississippi exposure setting. Court records describe asbestos exposure among shipfitters and other employees at Ingalls Shipbuilding.

Jobs that could involve work around historically asbestos-containing ship components included:

• Shipfitters
• Pipefitters
• Insulators
• Machinery and engine-room workers
• Maintenance workers
• Inspectors
• Laborers
• Workers performing vessel repair or renovation

The occupation alone does not establish that a particular person was exposed. Work location, dates, tasks and products matter.

Industrial and Construction Work

Asbestos was historically used because of its heat resistance, durability and insulating properties. EPA identifies older building products and industrial operations as potential sources of asbestos-containing material.

Workers who renovated or maintained older facilities could encounter asbestos in materials such as insulation, gaskets or other legacy building and equipment components.

Secondary Exposure

Asbestos fibers carried away from a workplace on contaminated clothing or belongings could expose household members.

Evaluating a secondary-exposure claim generally requires reconstructing the worker’s asbestos exposure and the way fibers may have reached the household.

Top Exposure Sites in Mississippi

Documented exposure locations can help patients and families reconstruct where asbestos contact may have occurred. A site listing does not establish that every worker there encountered asbestos or that the current owner is legally responsible.

Historical exposure investigations should also consider the ships, contractors, departments, job duties, products and time periods involved rather than relying on an employer name alone.

How to File for Compensation in Mississippi

The filing process depends on whether a person pursues a lawsuit, asbestos trust claim, VA benefit, workers’ compensation claim or another option. These claims do not all follow the same procedure.

1. Meet With a Mesothelioma Attorney

An asbestos attorney can review the diagnosis, Mississippi exposure history, other states where exposure occurred, employers, military service, potential defendants and applicable filing deadlines.

2. Gather Evidence and Documentation

Useful records can include:

• Medical and pathology records
• Employment and Social Security records
• Military service documents
• Union records
• Jobsite and product information
• Statements from former coworkers
• Photographs or historical records
• Estate documents when applicable

Because asbestos exposure often occurred decades before diagnosis, an attorney may also use historical jobsite, product and corporate records.

3. File the Appropriate Claims

Depending on the circumstances, a patient or family may pursue a personal-injury or wrongful-death lawsuit, asbestos trust claim, VA claim, workers’ compensation benefit or another applicable program.

Several claims may sometimes be pursued, but eligibility and coordination rules differ.

4. Complete Claim Discovery or Review

A lawsuit may involve written discovery, depositions, medical evidence and other litigation procedures. Trust funds conduct their own document review, while VA and workers’ compensation claims follow separate administrative processes.

5. Settlement, Trial, Liquidation, or Benefit Decision

A lawsuit may settle or proceed to trial. An asbestos trust may approve and liquidate a claim under its procedures, while the VA or another agency issues a benefit decision.

The route and timeline depend on the particular claim.

Mississippi Asbestos Litigation Rules

Mississippi law contains important rules affecting when asbestos and other latent-disease cases may be filed.

Three-Year General Limitations Period

Mississippi Code § 15-1-49 states that claims without another specifically prescribed limitations period generally must be commenced within three years after the cause of action accrues.

Latent-Disease Discovery Rule

Mississippi asbestos litigation helped shape this rule. In Owens-Illinois, Inc. v. Edwards, the Mississippi Supreme Court addressed when an asbestos-related latent-disease claim accrues.

The same statute expressly addresses latent injury or disease. When the statute applies, the cause of action does not accrue until the plaintiff discovers, or through reasonable diligence should have discovered, the injury.

No one should calculate an individual filing deadline from the general rule alone. Diagnosis dates, earlier knowledge of an asbestos-related condition, claim type and other facts can change the analysis.

Wrongful-Death Claims

Mississippi treats wrongful-death limitations questions according to the statute applicable to the underlying wrongful conduct. The Mississippi Supreme Court has explained that negligence-based wrongful-death claims may fall under the three-year period in § 15-1-49, but different underlying claims can carry different limitations periods.

Mississippi decisions also distinguish between survival-type claims that belonged to the person before death and other wrongful-death claims, meaning the relevant limitations periods may begin at different times.

Where a Claim Can Be Filed

The appropriate jurisdiction can depend on where exposure happened, where defendants do business, where the patient lives or lived and other procedural rules. People exposed in several states may have more than one jurisdiction to evaluate.

Shipyard and Maritime Claims

Mississippi Gulf Coast workers may have additional considerations under federal maritime law. Federal cases involving Ingalls Shipbuilding show that some shipyard asbestos claims have proceeded under the Longshore and Harbor Workers’ Compensation Act.

Workers’ compensation, maritime benefits, asbestos trusts and third-party litigation can involve separate procedures and coordination requirements.

Treatment Help

Mississippi residents can access mesothelioma care in state. The University of Mississippi Medical Center Cancer Center and Research Institute in Jackson specifically lists Lung Cancers and Mesothelioma among its treatment specialties.

UMMC states that its thoracic cancer team treats mesothelioma and brings together thoracic surgeons, medical oncologists, radiation oncologists, radiologists, pulmonologists, pathologists, nurses and other specialists.

The team reviews patient cases collaboratively and considers treatment plans based on each patient’s circumstances.

University of Mississippi Medical Center Cancer Center and Research Institute
Jackson, Mississippi
Mesothelioma and thoracic cancer care

Mesothelioma Fund also maintains a Doctor Match resource for patients seeking help identifying appropriate specialists.

How We Can Help

Mesothelioma can leave families trying to reconstruct employment and asbestos exposure that occurred decades ago while also making important medical and financial decisions.

Mesothelioma Fund can help you:

• Review possible Mississippi asbestos exposure sites and occupations
• Organize employment, military and medical history
• Understand possible lawsuit, trust fund, VA and workers’ compensation options
• Connect with legal resources for a case evaluation
• Find mesothelioma treatment resources
• Prepare informed questions about the next steps

Eligibility and results depend on the facts of each case, but you do not have to determine every detail before asking for help.

Frequently Asked Questions

Written & Legally Reviewed By

Daniel Wasserberg, Esq. Attorney and On-Site Legal Advocate

Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.

Learn More