Mesothelioma in West Virginia

Asbestos Exposure in West Virginia

Every year, about 148 new cases of mesothelioma are diagnosed in West Virginia. The state ranks #7 in the nation for its age-adjusted incidence rate. 

Many mesothelioma cases in West Virginia have been linked to employment in power generation, chemical manufacturing, steel production, construction, and other industrial occupations.

Within two years of the date of discovery, victims can file a claim for compensation. People who worked in chemical and power plants in the 1970s and earlier are at particular risk and should consider speaking with an asbestos attorney about their legal options.

Compensation for Asbestos Exposure in West Virginia

Compensation may help cover medical expenses, lost income, pain and suffering, and, in wrongful death cases, losses experienced by surviving family members.

Mesothelioma settlements often exceed $1 million, although compensation varies based on the facts of each case.

Most people exposed to asbestos in West Virginia file for multiple forms of compensation. We can help you determine your eligibility and determine which options are best for you, given your unique circumstances.

Common Options for Mesothelioma Compensation in West Virginia

Eligibility Requirements for Compensation in West Virginia

In West Virginia, victims of exposure have two years from diagnosis of mesothelioma to file a claim for compensation. This is the date at which a doctor has confirmed the illness through testing (such as imaging) and diagnoses mesothelioma or another qualifying asbestos-related disease.

The statute of limitations for wrongful death, either through primary or secondary exposure, is two years from the date of the victim’s death. The cause of the death should be clearly outlined in the patient’s medical records and death certificate. 

In addition to clear medical records and/or death certificate, claimants should have these items available for a successful lawsuit:

• Employment records
• Eyewitness account
• Paystubs

Experts in asbestos litigation can help you find the information and documents you need to be successful. If you don’t have all of them now, don’t worry. Reach out, and we can help to determine your eligibility.

Mesothelioma Settlements in West Virginia

Mesothelioma settlements in West Virginia range between $1 million and $1.4 million, per Mealey’s Litigation Report.

The national average jury trial verdict is much higher at about $20.7 million, although very few cases proceed to a verdict like this. 

Prominent settlements in West Virginia include the following:

The Top Asbestos Exposure Risks in West Virginia

Some professions in West Virginia are associated with a higher risk of asbestos exposure and subsequent mesothelioma illness. Those occupations include the following.

Power Generation

People who worked in the energy industry, including for companies like General Electric.

Chemical Manufacturing 

People who worked for companies like Dow Chemical could have been exposed to asbestos while on the job.

Industrial Facilities

West Virginia also has several exposure sites, such as Union Carbide Plants, Weirton Steel manufacturing sites, and the Kammer Power Plant. The Fike Chemical Inc. superfund cleanup site is also very dangerous. Anyone who worked on these sites could have been exposed. 

Family Members & Loved Ones

People who lived with others exposed to asbestos could also experience mesothelioma through secondhand exposure. 

Top Exposure Sites in West Virginia

There are more than 1,500 verified exposure sites in West Virginia. Anyone who worked on these sites, either as a full-time employee or a contractor, could have been exposed to asbestos-containing materials and face serious health hazards today.

Common Solvent Companies That Used Asbestos in West Virginia

Companies like Union Carbide Corporation, General Electric, and 3M Company have been sued for asbestos-related illnesses in West Virginia. They remain solvent, and the companies process claims through their legal departments. 

A lawsuit is the path to compensation from these companies. Payouts tend to be higher than for suits filed against companies that have already declared bankruptcy.

Common Asbestos Bankruptcy Trust Claims in West Virginia

Companies like Johns-Manville Corporation, Armstrong World Industries, and Babcock & Wilcox Company were sued for asbestos exposure and have since gone out of business.

Some have trusts to pay victims of asbestos exposure. Over $20 billion has already been paid out, and over $30 billion is still available to pay future victims.

How to File for Mesothelioma Compensation in West Virginia

Most victims start by selecting an asbestos litigation expert. This simple choice helps to ensure that the lawsuit moves as quickly and effectively as possible. 

Here’s how the process works: 

1. Meet with a mesothelioma attorney. You’ll ask questions and understand how your case might progress.
2. Gather evidence and documentation. Your team will review and find all evidence and documentation to use in the case.
3. File claims. Your team will start the legal process and notify the company of your claim.
4. Complete claim discovery or review. The other party will review the case and ask for more documents, if needed. 
5. Agree to settlement, trial, or liquidation. You’ll get an appropriate level of compensation based on how your claim moves forward. 

Every case is different, but most follow this basic structure. Learn more about each step of the process.

Changes to Asbestos Litigation in West Virginia

West Virginia hasn’t made significant updates to state laws and regulations regarding asbestos litigation.

However, the laws are always changing, and it’s difficult for the average person to stay up-to-date. Hiring an expert is worthwhile, as these professionals stay abreast of any changing laws and rules. 

Seeking Treatment for Mesothelioma in West Virginia?

West Virginia is home to several top treatment centers, including the WVU Cancer Institute, the Edwards Comprehensive Cancer Center, and St. Mary’s Regional Cancer Center.

Treatment can be effective, but it’s also expensive. Compensation may help cover treatment costs, travel expenses, lost income, and other financial burdens.

Your team can also help understand which treatment option might be best for your unique circumstances. 

How We Can Help

We’ve helped patients with mesothelioma pursue the compensation they need to get treatment. And we’ve helped their families get compensation for their difficulties and loss of a beloved family member.

We can help you understand your case and potential for compensation and guide the process from start to finish. Contact us for a free case evaluation.

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.

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