Filing a Mesothelioma Claim in South Carolina

To start an asbestos claim in South Carolina, you must gather medical records confirming your mesothelioma diagnosis. You’ll also need to collect employment records and any evidence of your asbestos exposure. Then, you should contact a South Carolina mesothelioma lawyer. They can help you understand the legal process and represent your case.

Key Facts About Filing Claims in South Carolina

  1. South Carolina’s Asbestos and Silica Claims Procedure Act of 2006 requires specific medical proof to file a claim.
  2. The state has a statute of limitations, which sets a deadline for filing an asbestos lawsuit after diagnosis or death of a plaintiff. South Carolina gives 3 years to file, whereas most states offer 2 years.
  3. In South Carolina, determining responsibility in a lawsuit depends on the state’s rules of fault. A mesothelioma lawyer can help you understand how these rules might affect your case.
  4. If you received compensation from an asbestos trust fund, this may affect the amount you receive from a lawsuit.

South Carolina enacted the Asbestos and Silica Claims Procedure Act in 2006 to limit case filings. The act established strict medical requirements that must be met before filing a claim, such as credible proof of an asbestos-related disability. Top mesothelioma lawyers know the state’s laws and how to gather evidence. They’ll handle everything as they guide your case through each step of a mesothelioma lawsuit.

Why Hire an Asbestos Lawyer in South Carolina?

A South Carolina mesothelioma lawyer can help you get money for medical bills and lost wages. Their knowledge of the state’s asbestos litigation laws makes the legal process easier for you and your family. 

South Carolina’s asbestos litigation laws create challenges for workers to file asbestos claims. It’s one of a handful of states that introduced such laws to limit case filings. In South Carolina’s case, potential claimants must be able to provide a high level of specific medical information about their disease and asbestos exposure when filing their claim.

A qualified asbestos attorney in South Carolina knows how to gather this evidence. A general personal injury lawyer won’t have specialized experience in handling asbestos claims. Proving asbestos caused your mesothelioma often requires expert medical testimony. South Carolina’s rules affect how this testimony is presented in court. Lawyers who know the local laws can help you meet all the requirements.

South Carolina Mesothelioma Law Firms

South Carolina mesothelioma lawyers have firsthand experience navigating local courts. Local firms know the South Carolina companies that used asbestos products. They have experience collecting exposure evidence at South Carolina job sites to build strong cases. Their expertise in handling local claims helps families pursue fair compensation. 

They also understand the state’s asbestos litigation laws. South Carolina’s Asbestos and Silica Claims Procedure Act outlines specific requirements for claims. It sets strict medical criteria for filing claims, such as needing a doctor’s report to prove asbestos caused the illness.

Local attorneys understand the intricacies of the 2006 act. They know how to present medical evidence effectively, and how judges and juries operate within the state. Working with a lawyer with a proven track record in South Carolina can help you get the best possible results.

Nationwide Asbestos Law Firms Outside South Carolina

Sometimes, South Carolina residents need help from a nationwide mesothelioma law firm. This may happen if you worked with asbestos in another state, or if the companies responsible are located elsewhere. 

Filing your claim in the correct location avoids delays in receiving compensation. Nationwide firms have the knowledge to guide you through this process.

Weitz and Luxenberg
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

Many people file asbestos claims in states other than where they live. A 2019 report from KCIC shows this happens in more than 50% of all cases. That’s why working with a nationwide mesothelioma law firm can be so helpful. 

Firms with multistate expertise know how to navigate complex cases. Their knowledge of asbestos litigation laws in every state means they can determine the best place to file your claim.

Successful Asbestos Litigation in South Carolina

South Carolina’s laws that limit case filings haven’t prevented residents from receiving substantial compensation. For example, in September 2021, a South Carolina jury issued a $32 million verdict in a secondary exposure case. 

Notable Asbestos Verdict Amounts in South Carolina

  • $63.4 million: A South Carolina jury awarded $32.6 million in compensatory damages and about $30.7 million in punitive damages to Michael Perry in 2024. He developed mesothelioma after lifelong use of Johnson & Johnson’s talc baby powder. 
  • $32 million: In 2021, a South Carolina jury awarded damages to the surviving family of Kathy Lynn Weist, who developed mesothelioma from secondary exposure. Weist’s husband, father and uncle worked in occupations known for asbestos exposure.
  • $29 million: In 2023, a South Carolina jury ordered Whittaker, Clark & Daniels to pay damages to mesothelioma plaintiff Sarah Plant. Other defendants, including Mary Kay and Color Techniques, settled with Plant mid-trial. 
  • $300,000: A South Carolina jury awarded Dale and Brenda Jolly $300,000 in 2017. They determined that Dale’s mesothelioma resulted from his exposure to asbestos joint compounds and wall textures while he worked as a pipe fitter and inspector at Duke Energy power plants from 1979 to 2003.

Multimillion-dollar mesothelioma verdicts happen, but they aren’t common. Many cases end in a mesothelioma settlement

Companies often choose to settle before a trial. This helps people receive compensation faster than a jury verdict can provide. Mesothelioma settlements and verdicts help families make up for lost wages and afford cancer treatment.

South Carolina Laws That Regulate Asbestos 

South Carolina uses state laws and federal legislation to protect residents from asbestos. These rules control how people handle and remove asbestos. They also help people seek compensation if they get sick.

Laws Governing Asbestos in South Carolina

  • South Carolina Code 44-87-10: This law requires licenses for asbestos work and sets penalties for breaking the rules.
  • Asbestos and Silica Claims Procedure Act of 2006: This law outlines the steps people must take to file asbestos claims in South Carolina.
  • South Carolina Code 61-86.1: This regulation outlines the requirements for asbestos project licensing and accreditation.

The South Carolina Department of Health and Environmental Control helps enforce asbestos regulations. They check that people follow the rules for safe asbestos removal. 

The South Carolina Occupational Safety and Health Administration enforces regulations related to asbestos exposure in the workplace. These laws and agencies work to reduce asbestos exposure in South Carolina.

How Asbestos Exposure Happens in South Carolina

South Carolina residents primarily faced asbestos exposure at mining operations, construction sites, shipyards and power plants. Legacy asbestos products in older buildings, including military structures, industrial facilities, schools, public buildings and even homes, still pose a risk for potential asbestos exposure. 

South Carolina has 8 natural deposits of asbestos located in the northwest region. Two of these deposits were once prospects for asbestos mining that didn’t materialize. However, several asbestos mines once operated along the state lines shared with Georgia and North Carolina.

Sites Known for Asbestos Exposure

  • Charleston Naval Shipyard: This shipyard used asbestos insulation on pipes and in buildings. Workers handled many different asbestos products while building and repairing ships. 
  • International Paper Georgetown Mill: Workers handled asbestos-containing materials used in mill machinery.
  • Raybestos-Manhattan’s North Charleston facility: This facility manufactured asbestos-containing insulation, friction products and textiles. Machines in these mills also contained asbestos parts. Tests in the 1970s found asbestos at concentrations 16 times higher than today’s acceptable workplace maximum.
  • Savannah River Site: This industrial complex in Aiken, South Carolina, was built in 1950 to produce nuclear weapons. Asbestos throughout the site helped prevent fires, but a 2008 study found former workers have a higher rate of pleural mesothelioma.
  • Vermiculite mines and processing plants: Vermiculite is often asbestos-contaminated. Ore samples from 2 vermiculite mines in the Enoree and Patterson districts showed nearly 1% tremolite-actinolite asbestos. One remains in operation, and the miners are at risk of asbestos exposure. 
  • Wateree Station power plant: Insulators and maintenance personnel worked with asbestos insulation on boilers, pipes and arc chutes. Asbestos exposure also occurred at Duke Energy power plants in South Carolina. 

Vermiculite mines contaminated with asbestos in South Carolina continue to pose a threat to miners and nearby residents. South Carolina is the largest producer of vermiculite in the nation. Workers at the still-operational vermiculite processing plants in Enoree continue to be at risk of asbestos exposure today. 

Four South Carolina companies also formerly processed vermiculite contaminated with asbestos shipped in from another state. The W.R. Grace facility in Traveler’s Rest, which was the largest vermiculite processing plant in the world, received most of it. Conditions at this facility were dangerous for employees. Workers didn’t receive respirators, and they breathed air that contained more than double the average concentration of asbestos within vermiculite mines. Nearby residents were also at risk of exposure.

Higher-Risk Industries in South Carolina

South Carolina workers encountered occupational exposure at mines, mills and manufacturing plants. Vermiculite miners experienced asbestos exposure at 2 sites located in the northwest part of the state. Patterson Vermiculite Company and Dicalite Management Group own the mines. 

Shipyards in Charleston, like the Charleston Naval Shipyard, heavily used asbestos. Military personnel at bases, such as the Marine Corps Recruit Depot Parris Island, also faced exposure. Family members of these workers faced secondhand asbestos exposure when asbestos dust came home on their clothing.

Higher-Risk Jobs in South Carolina

  • Construction workers 
  • Farmers
  • Industrial mechanics 
  • Insulators 
  • Maintenance workers 
  • Manufacturing plant workers
  • Military personnel
  • Miners
  • Paper mill workers 
  • Power plant workers
  • Shipyard workers
  • Vermiculite processing plant workers

Some companies that supplied asbestos products to South Carolina industries include Turner & Newall and Bell Asbestos Mines. Legal help is available for residents who develop illnesses from asbestos exposure. South Carolina asbestos lawyers can assist with filing claims against these companies. 

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