Written by Joe Lahav, Esquire | Edited By Walter Pacheco | Last Update: December 18, 2024

How to File a Legal Claim in Colorado

Coloradans with mesothelioma or asbestos lung cancer may file a claim with the U.S. District Court of Colorado. You may file a personal injury claim following diagnosis. If you’ve lost a loved one because of an illness linked to asbestos, you may file a wrongful death claim. Your ideal plan of action is to hire an experienced mesothelioma lawyer.

Key Facts About Filing in Colorado

  1. Personal injury and wrongful death claims must adhere to a 2-year statute of limitations.
  2. The 2018 Asbestos Trust Claims Transparency Act affects how much people can recover in damages. It requires disclosing any trust fund claims made within 120 days of filing in Colorado.
  3. Medical records and other proof must be submitted to confirm a diagnosis. If exposure occurs on the job, employment records may be required.

A Colorado mesothelioma lawyer can help you file your claim. They’ll also determine if it may be best for you to file your mesothelioma claim in another state. It may depend on where your exposure happened or where the company is based.

Why Should I Hire a Colorado Asbestos Lawyer? 

Hiring a Colorado asbestos attorney ensures an expert manages your case. They can help you file a personal injury or wrongful death lawsuit. They can also file a claim with an asbestos trust fund to secure compensation from the responsible parties. 

Litigation processes differ from state to state. A Colorado asbestos lawyer will know the rules that may affect your claim. 

Colorado Mesothelioma Law Firms

Working with an asbestos law firm with a record of success in Colorado can help ensure the success of your lawsuit. Familiarity with state laws, judges and potential jury pools can be advantageous. They may also know a great deal about asbestos sites in Colorado and the companies responsible for exposure.

Expertise in rules like statutes of limitations, or the time limits on when you can file, can help ensure your claim is filed on time. In Colorado, personal injury lawsuits must be filed within 2 years of a mesothelioma diagnosis. 

A wrongful death claim must be filed within 2 years of the loss of a loved one. An experienced Colorado lawyer will also know if there are relevant exceptions to the statutes in your case. 

Nationwide Asbestos Law Firms Outside Colorado

National mesothelioma law firms can also help people in Colorado with their legal claims. While these firms may not have local offices, they do have expert asbestos attorneys licensed in Colorado.

Nationwide law firms have extensive resources. Their expert legal teams can help build your case. They’ll manage all aspects of the legal process for you. Top national law firms have records of success taking on large corporations. 

Weitz and Luxenburg
700 Broadway
New York, NY 10003
  • $8.5 Billion Recovered
  • Serves Clients Nationwide
  • Rated #1 by U.S. News & World Report for 2022
Simmons Hanly Conroy Logo
1 Court St
Alton, IL 62002
  • $8.9 Billion Recovered
  • Serves Clients Nationwide
  • Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report
meirowitz & wasserberg logo
1040 Sixth Avenue 12B
New York, NY 10018
  • $200 Million Recovered
  • Serves Clients Nationwide
  • Rated in the Top 10 Asbestos and Mesothelioma Trial Lawyers
Nemeroff Law Firm Logo
8226 Douglas Avenue Suite 740
Dallas, TX 75225
  • $500 Million Recovered
  • Serves Clients Nationwide
  • Rated a “Hall of Fame” law firm by The Legal 500
Cooney & Conway Logo
120 N Lasalle Street Suite 3000
Chicago, IL 60602
  • $7 Billion Recovered
  • Serves Clients Nationwide
  • Rated a National Tier 1 Firm by U.S. News & World Report in 2022
Galiher DeRobertis & Waxman
820 Mililani Street Suite 505
Honolulu, HI 96813
  • $600 Million Recovered
  • Serves Clients Nationwide
  • 30+ Years Experience

Lawyers with nationwide asbestos law firms will travel to you for meetings. They understand clients with mesothelioma may not be able to travel. Most firms won’t charge you for travel expenses to meet for a consultation.

Successful Asbestos Litigation in Colorado 

Major verdicts and settlements have been reached in asbestos cases in Colorado. Much of the state’s asbestos litigation reflects its history of exposure at industrial job sites. Some cases have led to millions of dollars in mesothelioma compensation

Notable Colorado Settlements and Verdicts

  • $5.27 million: Carpenter and laborer in Larkspur.
  • $2.98 million: Given to a Lakewood plumber and U.S. Air Force veteran.
  • $2.88 million: Awarded to a carpenter and U.S. Army veteran in Lakewood 
  • $2.4 million: U.S. Army veteran in Colorado Springs
  • $2.26 million: An Arvada woman was exposed to asbestos secondhand through her husband’s work as a union insulator.

Every mesothelioma case varies. Your mesothelioma settlement will depend on many factors. Speak to your attorney about any potential factors that may impact your claim. 

Asbestos Regulations and Laws in Colorado

Both federal and state laws apply to asbestos use in Colorado. The Colorado Department of Public Health and Environment regulates asbestos testing, removal and disposal. 

The DPHE imposes rules like the Air Quality Control Commission guidelines. These rules govern licenses and EPA training for safe asbestos handling. Only those with a state-approved license should handle asbestos.

Colorado Asbestos Laws and Regulations 

  • Air Quality Control Commission’s Regulation 8, Part B: Governs asbestos abatement.
  • Solid and Hazardous Waste Commission’s Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1007-2 Part 1, Section 5: Governs the disposal of asbestos waste and the management of asbestos-contaminated soil.

The DPHE enforces state-level occupational health laws. The agency also ensures compliance with the EPA’s National Emission Standards for Hazardous Air Pollutants regulations. NESHAP applies nationwide. It regulates toxic emissions companies produce.

Asbestos Exposure Risks in Colorado

Asbestos was widely used at Colorado industrial job sites until the 1980s. Several companies in Colorado exposed workers. Power plants, factories and refineries were some of the state’s top asbestos exposure risks. Colorado’s mining industry also put workers and residents at risk of inhaling asbestos. 

Sites in Colorado Known for Asbestos Exposure

  • Drive Train Industries: Asbestos was in many asbestos products used in locomotives and train cars, such as brake linings and gaskets.
  • Estes Power Plant: Asbestos was used during the facility’s construction.
  • Hensel Phelps & Poole Construction Companies: Asbestos was used extensively in the construction industry.
  • Nixon Power Plant: Many power plants were built with asbestos, which was also used in much of the machinery and equipment.
  • Panorama Middle School: It was closed for a semester in 2023 after asbestos was found during a renovation project. Legacy asbestos in schools is an issue nationally.
  • Western Minerals Company Plant: The company had several locations that processed vermiculite ore containing asbestos. 

Natural asbestos can also be found in various areas of Colorado. The Caribou Mine and the Monarch deposit in Boulder put people at risk. Veterans may have been exposed at military bases in Aurora, Denver, Colorado Springs and Fort Carson. 

The Denver Department of Parks & Recreation responded to an exposure threat in March 2021. Sledders caused damage in Ruby Hill Park. The damage exposed asbestos in an old landfill

Asbestos Exposure at Work in Colorado

Colorado workers faced many occupational asbestos hazards. Some workers directly handled asbestos when making products such as roofing compounds. Some machinery used asbestos for its heat resistance. These machines pose an exposure risk when working with or repairing them.

The state’s mining industry also put workers and residents at risk. Miners and people nearby may have inhaled asbestos fibers. Mining for iron, limestone, gold, or coal may disturb asbestos. Asbestiform minerals also exposed miners. 

High-Risk Jobs in Colorado

  • Automotive worker
  • Construction worker
  • Factory worker
  • Mining
  • Plant work
  • Power plant work
  • Railroad work
  • Teaching

Companies can be liable for secondhand asbestos exposure in Colorado. One notable court case in 2019 alleged that an Air & Liquid Systems Corporation worker carried asbestos home on his clothes. The exposure led his son to develop mesothelioma years later.

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