Arizona Mesothelioma Lawyers

How Do I File a Mesothelioma Claim in Arizona?

The first step in filing an asbestos lawsuit in Arizona is to speak with an experienced lawyer. They can assess your eligibility and guide you through next steps. Asbestos claims include lawsuits and trust fund claims. Veterans may also qualify for benefits and care through the U.S. Department of Veterans Affairs.

Arizona is a comparative fault state. This means you can recover damages even if your asbestos exposure is partially your fault. But your damages may be reduced if you’re found partially responsible.

Comparative Negligence in Arizona

• Fault determination: The court will evaluate all evidence and assign percentages of fault.
• Damage reduction: The compensation total will be reduced based on the plaintiff’s percentage of fault.
• Pure Comparative Fault Rule: Even if you are 99% at fault, you can recover 1% of the damages.

A defendant may argue a plaintiff contributed to their own asbestos exposure. For example, they may claim the plaintiff didn’t wear protective gear. They may argue the plaintiff ignored safety rules, risking exposure despite knowing the risks. 

This underscores the importance of working with a law firm with experience in cases like yours. They can effectively build your case to prove the defendants are at fault for your exposure.

Why Should I Hire an Arizona Asbestos Lawyer?

An experienced mesothelioma lawyer is key for those who plan to file an asbestos claim. Your Arizona lawyer can guide you on complex legal issues in the state. For example, there is a statute of limitations for filing your claim. This means you have a limited amount of time to file your mesothelioma lawsuit.

The statute of limitations in Arizona is 2 years from the time of diagnosis for a personal injury lawsuit. It’s 2 years from the death of a loved one for a wrongful death lawsuit. Your lawyer will assess how to proceed or if there are exceptions in your specific case. Filing sooner rather than later is ideal to help you get compensation as soon as possible.

Arizona Mesothelioma Law Firms

Top Arizona mesothelioma law firms have knowledge of the laws and rules that affect your case. They can guide you to your best options. They can help you file a claim with an asbestos trust fund and file a lawsuit.

It’s important to work with a law firm with a record of success. They’ll have achieved settlements and verdicts in cases similar to yours. Simmons Hanly Conroy secured $4.1 million for a U.S. Army veteran and welder in Winkelman, Arizona.

Nationwide Asbestos Law Firms Outside Arizona

In Arizona, they have experienced attorneys licensed to practice in the state. They’re also able to help you file in another state. If your exposure happened outside Arizona, your lawyer may recommend filing in that state. They may also recommend filing where the defendant is based.

A top national firm will be able to share its record of success in Arizona. For example, Simmons Hanly Conroy helped secure $4.3 million for a truck driver in Prescott diagnosed with mesothelioma and $17.4 million for a medical technologist in Phoenix.

Working with a nationwide law firm means your lawyers will travel to you. National firms understand the challenges of mesothelioma. They know their clients are in treatment, which can hinder travel. They’ll travel to you for interviews and depositions free of charge.

Asbestos Settlements and Verdicts Awarded in Arizona

Arizona’s long history with the toxic mineral has led to illnesses related to asbestos. Asbestos claims in the state have resulted in compensation for exposure. Families have used their mesothelioma settlements and verdicts to cover medical expenses and lost wages.

Notable Asbestos Settlements and Verdicts in Arizona

• $17 Million: An Arizona federal jury awarded $17 million to a family in 2016. Their loved one died of mesothelioma after exposure to asbestos at a U.S. Navy shipyard.
• $4.5 Million: A jury awarded $4.5 million to a machinist in 1998. He worked with asbestos products at Arizona Public Service power plants. He was later diagnosed with mesothelioma as a result.

The average amount of your mesothelioma compensation may vary. Many factors will impact the amount you may be awarded. Every mesothelioma case differs. Talk to your attorney about any factors that could affect your claim. 

Regulating Asbestos in Arizona

In Arizona, state and federal laws regulate asbestos. The Arizona Department of Environmental Quality enforces state asbestos laws. It also helps enforce federal rules like the Asbestos National Emission Standard for Hazardous Air Pollutants program.

Arizona Asbestos Laws and Regulations

• Arizona Revised Statutes Title 12, Section 542: This defines Arizona’s statutes of limitations.
• Arizona Revised Statutes Title 12, Section 2501 and 2505: It defines Arizona’s negligence laws.
• Arizona Revised Statutes Title 12, Section 782: It describes Arizona’s asbestos trust transparency law.
• Arizona Revised Statutes Title 49, Section 421: This defines Arizona’s asbestos regulations and defines essential terms.

In 2004, the Arizona Department of Environmental Quality and the attorney general sued Honeywell International Inc. for environmental pollution, including asbestos. In 2008, Honeywell settled the lawsuit for $6 million.

Asbestos Exposure in Arizona

Asbestos mines in Arizona were directly responsible for the asbestos exposure of workers and residents. Mining in the state dates back to 1872. Miners were in direct contact with raw asbestos, presenting significant risk. 

The Gila Salt River region had high asbestos exposure. Hundreds of miners and laborers had serious health problems as a result.  Several Native American reservations owned asbestos prospects. Local and national businesses distributed the fibers. By the early 1980s, most mining districts closed.

Sites Known for Asbestos Exposure

• Abril Mine in southern Arizona
• Apache Mine in Gile County
• Cemetery Ridge mine in Yuma County
• Kyle Asbestos Mines in Globe Arizona
• Putman Wash in Mohave County
• Solomon’s Mines in Phoenix

The state’s asbestos mines weren’t the only sources of exposure. A 2008 U.S. Geological Survey report notes additional contamination. Limestone deposits in the counties of Gila and Pinal were polluted with toxic asbestos.

Buildings, schools and homes in Arizona built before 1980 likely contain asbestos. This can include asbestos products like flooring, insulation, cement or roofing shingles.

Occupational Asbestos Exposure in Arizona

Occupational asbestos exposure is the primary cause of mesothelioma. Asbestos in the workplace is the No. 1 cause of global work-related deaths. Exposure at work is also documented in Arizona industries besides mining. 

Arizona Industries Known for Asbestos Exposure

• Asbestos mining
• Copper milling
• Construction
• Manufacturing
• Military operations
• Oil refining
• Power generation
• Teaching
• Vermiculite processing

Veterans also experienced asbestos exposure in the military during the course of their jobs. Asbestos was heavily used in all branches of the military. Arizona is home to a number of military bases where asbestos was used in machinery and construction materials.

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