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Filing a Mesothelioma Claim in Washington

Washington workers who experienced primary asbestos exposure have filed claims in the state. Filing a claim can help people obtain financial compensation to cover treatment for mesothelioma, lung cancer and other asbestos-related diseases. They can also provide compensation for lost wages.

Families who experienced secondary exposure and became ill can also file their own claims. Those who lost a loved one to mesothelioma may file a wrongful death lawsuit. 

Key Facts About Filing in Washington 

  1. Washington’s statute of limitations is 3 years from the diagnosis of an asbestos-related disease for a personal injury case.
  2. The statute of limitations for filing a wrongful death claim is 3 years from the death of a loved one.
  3. There are no caps or limits on “non-economic damages” (such as pain and suffering) someone can be awarded in personal injury cases in the state.
  4. The amount someone receives can be reduced if they’re found to be partially responsible for their asbestos exposure.

The state’s comparative fault rule means the percentage of a defendant’s fault in someone’s asbestos exposure will be determined. If the plaintiff themselves are found to have a percentage of the fault in their own exposure, the damages awarded to them could be reduced. 

For example, if a person who filed a claim is found to be 25% responsible for their exposure, a verdict awarding them punitive damages could be reduced 25%. This rule highlights the importance of working with an experienced Washington asbestos lawyer who can help build a case proving a defendant’s responsibility. 

Why Hire an Asbestos Lawyer in Washington?

Hiring a Washington asbestos attorney can offer peace of mind. They can ensure your claim is filed properly and on time while you focus on your health. 

The sooner you speak with an attorney about filing, the sooner you may receive compensation. Plaintiffs have used compensation from asbestos trust funds and mesothelioma lawsuits to cover the costs to travel to treatment and medical bills.

Washington Mesothelioma Law Firms

Mesothelioma attorneys in Washington can offer a local take on how to approach your case. They’ll be familiar with defendants in the state and sources of asbestos exposure, as well as court procedures and legal processes. They can guide you in the best options for your case and also help you file an asbestos trust fund claim.

Top lawyers in Washington should be able to share examples of cases they’ve successfully handled with you. It’s important that these cases are similar to yours. Expertise can make a significant difference in how a trial or settlement negotiations are managed.

Nationwide Asbestos Law Firms Outside Washington 

Plaintiffs in Washington often opt to work with renowned national asbestos law firms. These national firms have experience helping Washingtonians effectively manage their claims in the state. They’ve built extensive records holding companies responsible for the asbestos exposure they’ve caused.

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
The Ferraro Law Firm Logo
600 Brickell Avenue Suite 3800
Miami, FL 33131
  • 35+ Years Experience
  • Billions Recovered for Clients
  • Rated By the National Trial Lawyers Association as a Top 100 Lawyer

A national mesothelioma law firm will also be well-equipped to assist you if you need to file your claim outside of Washington. If the site of your asbestos exposure is outside the state, it may be best to file in that state instead. Sometimes cases are filed in the state where the company named as a defendant is based as well.

Asbestos Settlements and Verdicts Awarded in Washington

The largest asbestos verdict in Washington’s history was awarded to the surviving family of Jerry Coogan who died of peritoneal mesothelioma. A Washington jury awarded $81.5 million to the family in 2017. The verdict was appealed and in 2020 a divided Washington state appeals court affirmed only part of the verdict. Punitive damages of $30 million were reversed and the court said a new trial on damages was needed.

The original $81.5 million was reinstated on July 8, 2021. The Washington Supreme Court voted in a 9-0 decision to reverse the Court of Appeals’ decision. 

Notable Washington Settlements and Verdicts

  • $81.5 Million: In 2021 the state’s Supreme Court reinstated a 2017 jury verdict for the family of Jerry Coogan. This was the largest asbestos verdict in the state at the time. Coogan had worked as an excavator operating construction equipment such as backhoes and cranes and died of mesothelioma. 
  • $13.4 Million: A Washington jury awarded Raymond Budd more than $13 million after he developed mesothelioma. He’d worked in drywall and used asbestos products such as Kaiser Gypsum’s joint compound. It’s the highest verdict in King County. Judge John Ruhl denied appeals and challenges to the verdict. Budd reportedly settled with other defendants for $75,000. 
  • $10.2 Million: A jury awarded Henry and Geraldine Barabin $10.2 million in 2009. Barabin was exposed to Scapa Dryer Fabric Inc.’s asbestos dryer felts while working at Crown Zellerbach Pulp and Paper Mill in Camas. The verdict was reduced to less than $1 million to offset other mesothelioma settlements they’d received. Henry died, but his widow continued the claim. A jury awarded her $1.05 million in 2018 and a judge denied the defendant’s challenges. 
  • $4.25 Million: Douglas Everson, a former marine electrician, and his wife, Diane Attleson, were awarded $4.25 million in 2019. Everson had worked at the Lockheed shipyard on Harbor Island. The verdict included $1.5 million in “noneconomic damages” (like pain and suffering) and $2.75 million in loss of consortium damages.

Most claims end in  but there have been historic jury verdicts in Washington. Many have resulted in millions of dollars in mesothelioma compensation

Mesothelioma settlements can vary between $1 million to $2 million. Asbestos verdicts typically average between $5 million and $20.7 million. Because each case is unique, it’s important to consult an experienced asbestos attorney.

Regulating Asbestos in Washington

Washington uses a mix of state laws and federal regulations to help protect workers and residents from asbestos. These rules define asbestos and govern its removal.

Washington Asbestos Laws and Regulations

  • Washington Revised Code Section 49.26.010 – 49.26.901: Contains the Washington state Asbestos Act.
  • Washington Administrative Code Section 296-62-077: Defines what asbestos is and lists the recognized types.
  • Washington Administrative Code Section 296-65: Outlines the state’s regulations on asbestos removal and encapsulation.
  • Washington Administrative Code Section 296-155, Part S: Defines asbestos regulations for demolition projects

The Washington State Department of Labor & Industries oversees training, licensing and certification of asbestos workers and contractors. The Washington State Department of Ecology provides residents with important information about asbestos. It also delegates regulation of asbestos exposure to the 12 air agencies in the state.

Asbestos Exposure in Washington

Washington has high rates of asbestos exposure in the state because of asbestos mining and industrial sites that heavily used the mineral. There are 34 naturally occurring asbestos deposits. Washington ranks No. 9 in the nation for asbestos-related deaths. 

Two asbestos mines operated in Washington, including an amphibole asbestos mine near Lyman in Skagit County and a mine near Alta Lake in Okanogan County. Asbestos in and around Swift Creek and the Sumas River in Whatcom County poses a threat during flooding events and droughts.

Job Sites in Washington Known for Asbestos Exposure

  • Alcoa Aluminum Plant
  • Arco Oil Refinery
  • Bremerton Puget Sound Naval Shipyard
  • Centralia Washington Public Power Plant
  • Chevron Chemical Plant
  • Chevron Cracking Plant
  • Columbia Aluminum
  • Crown Zellerbach Paper Mill
  • Dow Chemical Plant
  • Duwamish Shipyard, Inc.
  • Fairchild Air Force Base
  • FFTF Nuclear Power Plant
  • Hanford Nuclear Site
  • Intalco Aluminum
  • Kaiser Aluminum
  • Lockheed Shipbuilding & Construction
  • Reynolds Metals Aluminum Plant
  • Tacoma Dry Dock Shipyard
  • Unocal Chemical Plant

The U.S. Environmental Protection Agency reported 33 locations in Washington received asbestos. Approximately 981 shipments of asbestos-containing vermiculite came from a Libby, Montana mine. Most of these shipments went to Seattle and Spokane. Between 1948 and 1993, about 63,611 tons of vermiculite went to Washington. Vermiculite went throughout the U.S. under the brand name Zonolite.

Occupational Asbestos Exposure in Washington 

Many Washingtonians were exposed to asbestos while at work. For example, studies showed workers at the Hanford Nuclear Site were exposed to asbestos. One study of former construction workers at the site showed they were 11 times more likely than the general public to develop mesothelioma. It was designated as a Superfund Site in 1988. 

High-Risk Jobs in Washington

Residents in Washington were also exposed via  secondary asbestos exposure. This type of exposure typically happens when a worker inadvertently brings asbestos fibers home from a job site on their clothes, gear, hair or skin. It can also be tracked on boots and shoes. The fibers are microscopic and can stick to upholstery and other fabrics around the house. Fibers can also be transferred when handling dirty laundry or hugging a family member when they get home from work. 

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