Vermont Mesothelioma Lawyers

How to File an Asbestos Claim in Vermont

Starting the process of filing an asbestos claim in Vermont can be challenging. Speaking with a Vermont mesothelioma lawyer who can guide you through the state’s many legal steps is the best way to get started. 

Key Facts About Filing Asbestos Claims in Vermont

1. Vermont’s amended statute of limitations allows you to file a lawsuit after you learn you have mesothelioma. But certain cases fall under an old statute that may limit claims in Vermont courts.
2. Vermont’s product liability laws help determine which companies are responsible for your asbestos exposure. The state’s negligence laws also impact asbestos claims.
3. If you received money from an asbestos trust fund, this may affect how much compensation you can receive. Payout amounts from a trust fund may be deducted from a jury verdict.

Vermont previously had limitations on the time to file that began running from the last date of asbestos exposure. Because mesothelioma’s latency period is 20 to 60 years from exposure, the law effectively barred these claims. The state amended the statute, but challenges remain for those exposed prior to the effective date of the new statute.

Vermont’s laws present challenges a lawyer can help you overcome. They can help you gather evidence of your asbestos exposure and find experts to testify on your behalf. A qualified asbestos attorney can help you understand the best way to move forward with your asbestos lawsuit and all of your legal options in Vermont.

Why Hire an Asbestos Lawyer in Vermont?

An asbestos lawyer can help you understand your rights in Vermont. They can help you file claims for compensation to help you cover medical bills and lost wages. 

It’s important for your Vermont mesothelioma lawyer to be knowledgeable about the state’s asbestos laws. They should also know how Vermont’s court system handles asbestos claims. A general personal injury lawyer might not know these details. 

Lawyers with proven success in Vermont understand how to navigate the state’s legal system, including its specific rules of evidence and civil procedure. Top firms understand the state’s court system. 

Vermont Mesothelioma Law Firms

Vermont mesothelioma law firms understand how Vermont courts handle asbestos claims. Vermont firms understand the unique challenges asbestos cases face in the state. For example, local firms understand the state’s statute of limitations for occupational diseases. They understand its application in long-latency illnesses like mesothelioma. 

They also know the history of asbestos use in Vermont industries like paper mills and power plants. They can gather evidence about exposure at Vermont job sites. This work often requires detailed investigations into past employment and product use. Lawyers with this experience build stronger cases.

Nationwide Asbestos Law Firms Outside Vermont

Vermont residents have been exposed while working in industries that operated across state lines. Some worked in shipyards in other states or the companies that owned plants were headquartered elsewhere. If this happened, filing a claim outside of Vermont might be necessary.

A 2019 industry report by KCIC found that at least 50% of all asbestos lawsuits are filed in states where the plaintiffs do not live. Nationwide mesothelioma law firms can help Vermonters navigate these out-of-state legal processes.

Nationwide firms understand the differing state laws and court procedures. These firms have experience investigating and gathering evidence across the nation. They help Vermonters pursue compensation regardless of where exposure occurred.

Asbestos Settlements in Vermont

In Vermont, large, publicly reported mesothelioma verdicts are less frequent than in other states. But this doesn’t mean compensation is unavailable. While settlement amounts are often private, experts note that there have been multimillion-dollar settlements for Vermont residents.

Mesothelioma compensation in Vermont often comes through negotiated mesothelioma settlements. These settlements offer a way to avoid the uncertainties of a jury verdict. Vermont asbestos lawyers can help residents navigate the state’s legal procedures and negotiate fair compensation.

Asbestos Regulations and Laws in Vermont

Vermont’s Department of Health oversees asbestos regulations to protect the public from the risk of mesothelioma. The department’s Outreach Program is designed to educate the public about state laws and federal legislation.

Vermont’s Department of Health also has an Enforcement and Compliance Inspection Program to manage renovation and demolition projects involving dangerous materials. For more information, visit their informational resource on asbestos.

Laws Governing Asbestos in Vermont

• Vermont Regulations for Asbestos Control: These rules set standards for handling and removing asbestos to protect public health. 
• Vermont Statutes Title 18, Section 1331: This law gives the state authority to regulate asbestos and enforce safety measures.
• Vermont Statutes Title 18, Section 1332: This statute specifically addresses the certification of asbestos contractors. It empowers the Commissioner of Health to set standards and issue certifications for those who perform asbestos abatement.
• Vermont Statutes Title 18, Section 1334: This section gives details regarding the fees that are associated with asbestos related permits.

Proper disposal of asbestos-containing materials is managed under Vermont’s Solid Waste Management Rules. If these materials need to be disposed of, Vermont Department of Health-certified contractors must pick up and deliver the waste. All asbestos-containing waste must be clearly labeled: “Caution – Contains Asbestos Fibers – Avoid Creating Dust – Cancer and Lung Disease Hazard.”

The Vermont Occupational Safety and Health Administration regulates asbestos exposure in occupational settings. For additional information concerning VOSHA requirements in the workplace, contact the Vermont Department of Labor and Industry at (802) 828-4000.

How Are People Exposed to Asbestos in Vermont?

Asbestos exposure in Vermont occurred at mining operations, paper mills and power plants. Asbestos mining operations at Belvidere Mountain were a significant source of asbestos exposure. Today, 30 million tons of asbestos waste remains on the mountain. 

Concerns about erosion contaminating nearby streams and wetlands led to an investigation in 2004. It showed no increase in mesothelioma risk for residents living in towns near the mines. Five cases of mesothelioma reported in the area from 1996 to 2005 were all determined to have been occupationally related.

Sites Known for Asbestos Exposure

• Belvidere Mountain Asbestos Mine
• Black Cat Textiles
• Corry Deavitt Frost Electric Company
• Green Mountain Paper
• International Paper Company
• Johnson & Johnson’s Windsor talc mine
• Montpelier and Barre Light and Power Company
• Montpelier district’s schools 
• Morrisville vermiculite processing plant
• Rutland Fire Clay Company
•  St. Albans Electric Light and Power Company
• Vermont Yankee Power Plant
• White Mountain Paper Company

In 1972 Johnson & Johnson bought the talc mine in Windsor and ran it until 1989. It was the primary source of talc used in their baby powder. They knew in the early 1970s that the Windsor mine had asbestos. In May 1974, a J&J official recommended the “use of citric acid in the depression of chrysotile asbestos” from the talc ore. 

The manufacture and use of asbestos products caused exposure across industries and at sites from factories to schools. In 2006, the Vermont Department of Environmental Conservation warned of asbestos auto parts. The department said auto repair workers – especially those who work with brake pads, clutches and other asbestos-containing friction products – were at the most risk.  They advised the use of water and special equipment to prevent fibers from releasing into the work area.

Occupational Asbestos Exposure in Vermont

Vermont residents encountered occupational asbestos exposure at mines, power plants, paper mills and textile factories. People who worked in industries that used asbestos are at risk of mesothelioma and other serious health problems. Family members of these workers faced secondhand exposure when they breathed in fibers brought home on clothing.

The Belvidere Mountain asbestos mine was a significant source of exposure. The Belvidere Mountain asbestos mines were the first in the U.S. They were also the last to close, finally shutting down in 1993. Former employees may just now start to feel the effects of inhaling asbestos. 

Higher-Risk Jobs in Vermont

• Asbestos miners
• Construction workers
• Factory workers
• Insulators
• Maintenance workers
• Mill workers
• Power plant workers
• School employees
• Shipyard workers
• Talc miners
• Textile workers
• Veterans

Companies like Johnson & Johnson, Eastern Magnesia Talc and Rutland Fire Clay Company and various paper mills throughout the state produced or used asbestos. The New England Asbestos Mining and Milling Company and Vermont Product Corporation owned asbestos mines. 

Vermont asbestos lawyers can help people file claims against these and other responsible companies. Compensation from these claims can help with medical expenses and lost wages.

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