Rhode Island Mesothelioma Lawyer

How to File a Claim in Rhode Island

The easiest and most efficient way to file a claim in Rhode Island is to work with an expert. Hiring an experienced Rhode Island asbestos lawyer makes the litigation process more manageable and less confusing. They can help you navigate the state’s legal processes.

Key Facts About Filing in Rhode Island

1. There is no cap on damages for personal injury lawsuits in Rhode Island.
2. If multiple parties are found liable for asbestos exposure, any of them can be held responsible for paying the entire damages award, even if their contribution to the harm was partial.
3. You can still recover damages even if you’re found to be more than 50% at fault, but the amount you receive will be reduced. 

Personal injury claims in Rhode Island must be filed within 3 years from the date of a mesothelioma diagnosis. You may file wrongful death claims within 3 years after the loss of a loved one.

An experienced Rhode Island asbestos lawyer can assess if there are any exceptions to state statutes in your specific case. But don’t wait to file your mesothelioma lawsuit. Waiting can delay receiving your compensation. 

Benefits of Hiring a Mesothelioma Lawyer in Rhode Island After Asbestos Exposure

Hiring an experienced Rhode Island mesothelioma lawyer gives you access to expert legal counsel familiar with navigating the state’s specific legal procedures. Top mesothelioma lawyers will understand how to present your case to Rhode Island courts to get you the best outcome possible.

Working with an experienced attorney lets you and your loved ones focus on your treatment. Your lawyer will handle all aspects of litigation for you. Your lawyer will gather the essential documentation. They can manage a trial, if necessary, and work to negotiate with the defendant to settle. Most cases settle out of court.

Rhode Island Mesothelioma Law Firms

A Rhode Island asbestos law firm can offer local knowledge that can help successfully build your case. Mesothelioma attorneys at these firms are educated about at-risk occupations and known exposures in the state. The quality and quantity of the evidence and witness testimony you present can impact the success of your case.

It’s important to choose a Rhode Island mesothelioma attorney at a top-rated law firm. They should not only have extensive knowledge of this area of the law, but direct experience successfully handling asbestos cases similar to yours.

Nationwide Asbestos Law Firms Outside Rhode Island

Nationwide mesothelioma law firms may be the best choice for your case. They have the skills, experience and resources to go up against big corporations responsible for asbestos exposure. Choosing legal representation with firsthand experience taking on asbestos companies can give your case an advantage. 

National law firms recognize their clients may not be able to travel to their offices. Top firms usually won’t charge to travel to you for the initial meeting. National firms can also explore all of your legal options, including lawsuits and asbestos trust funds.

Successful Asbestos Litigation in Rhode Island

Several asbestos verdicts and settlements have been reached in Rhode Island. Many past cases have led to millions of dollars in mesothelioma compensation. 

Notable Rhode Island Settlements and Verdicts 

• $5 Million: A jury awarded $5 million to a factory worker in Smithfield.
• $5 Million: A Greenville woman with mesothelioma was awarded $5 million.
• $2.3 Million: A drywaller and welder in Little Compton was awarded $2.3 million.
• $2 Million: A plaintiff in Providence was awarded $2 million in a secondhand asbestos exposure case.
• $2 Million: A Lincoln woman with mesothelioma who wasn’t sure how she was exposed to asbestos was awarded $2 million.

Every mesothelioma case is unique. The average mesothelioma settlement depends on the details of the case. Settlements can range between $1 million to $2 million. Mesothelioma verdicts average higher. They can be between $5 million and $20.7 million. Speak with your mesothelioma attorney about any factors that can affect your claim.

Rhode Island Laws That Regulate Asbestos 

Both federal legislation and state laws govern asbestos in Rhode Island. State lawmakers have added additional layers of oversight regarding worker safety, building inspections and disposal practices. Rhode Island’s Asbestos Control Program protects the public from asbestos exposure, ensuring the provisions of the Rhode Island Rules and Regulations for Asbestos Control are followed.

The Rhode Island Department of Environmental Management enforces regulations on the handling and disposal of asbestos under the Air Pollution Control Regulations and Asbestos Abatement regulations. The rules require contractors to obtain proper certifications and follow specific asbestos removal and disposal procedures. The Rhode Island Department of Health must license contractors and workers involved in asbestos abatement. 

Rhode Island Asbestos Laws and Regulations

• General Laws of Rhode Island Chapter 23-24.5: Includes sections on asbestos exposure standards, abatement plans, health department inspections, posting and labeling.
• Asbestos Control 216-RICR-50-15-1: Defines regulations on licensing asbestos contractors, supervisors, and workers, submitting asbestos abatement plans and certifying training courses.

In 2024, the owner of a Rhode Island asbestos abatement training center pled guilty to providing false documentation to the Rhode Island Department of Health about individuals completing an Environmental Protection Administration training program. Jose Virgilio Fernandez was charged with making false statements to RIDOH.

An investigation found that between 2021 and 2023, Fernandez submitted documents falsely certifying that nearly 24 people attended all days of instruction and achieved passing examination scores. However, no one attended the training. Fernandez later admitted to the EPA that, in many cases, he issued certificates to asbestos workers even though they didn’t participate in or complete the abatement class.

Asbestos Exposure in Rhode Island 

Rhode Islanders may have been exposed to asbestos if they worked in certain jobs, like manufacturing or shipbuilding. The most harmful asbestos exposure in Rhode Island occurred at places of employment. The state also has one naturally occurring asbestos deposit in Cumberland near the northeast state line.

Sites in Rhode Island Known for Asbestos Exposure

• Barrington Congregational Church: In 2005, the EPA filed a complaint against a contractor who caused asbestos dust to become airborne by grinding vinyl asbestos floor tile during a renovation project inside two classrooms at the Barrington church. 
• Bradford Elementary School: Workers demolished a school in Johnston after asbestos was found in the old boiler room and under the floor tiles.
• Department of Education Administrative Building: Asbestos in the insulation led to respiratory problems for numerous workers. In 1991, the Professional Employees Union requested a Health Hazard Evaluation.
• Kaiser Aluminum: From the 1950s through the 1970s, Kaiser Aluminum produced asbestos-containing products. Asbestos litigation led the company to file for bankruptcy in 2002. A $1.2 billion trust fund was created to handle future asbestos claims.
• Narragansett Power: This industry often uses asbestos in electrical panels, arc chutes, insulation boards and other equipment.
• Newport Naval Yard: Workers experienced asbestos exposure at this Naval Operating Base used to station, maintain and protect ships.
• Pawtucket City Hall: The City of Pawtucket made a plan for remediation after state inspectors found asbestos in the building.
• Puritan Aerosol: In 1983, the EPA designated the Cumberland location a Superfund site after discovering several contaminants, including asbestos. 

Three schools in Providence —Winsor Hill, Brown Avenue, and Sarah Dyer Barnes — were sources of asbestos exposure. More than 600 students, teachers and administrators in the schools may have been exposed to asbestos for as long as a year. The suspected exposure came from old asbestos-containing vinyl tiles ripped up during the summer of 1990. 

The Rhode Island Department of Health closed the schools until the issues were resolved. Schools built before 1980 will likely contain some form of asbestos since it was a popular building material for classrooms, auditoriums, lounges and corridors. 

High-Risk Industries in Rhode Island

Many occupations across Rhode Island have been a source of asbestos exposure. The state was once a leading source of textile production. That industry has a history of asbestos exposure since the mineral was commonly used in commercial cloth and fabrics. Other notable occupational asbestos risk sites include: Power plants, schools, manufacturing sites and shipyards. 

Higher-Risk Jobs in Rhode Island

• Construction worker
• Industrial worker
• Manufacturing worker
• Military personnel
• Paper and textile worker
• Power plant worker
• Shipyard worker
• Teacher
• Textile worker

Rhode Island will hold companies responsible for cases of secondary asbestos exposure. Many people who worked in labor jobs during the 20th century worked directly with asbestos. Secondary exposure is more common in women and children. 

They typically came into contact with asbestos in their home when a family member brought toxic fibers from work into the house on their clothes and shoes. Similar to primary exposure, secondary exposure can also lead to asbestos-related illnesses like mesothelioma decades after exposure.

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