West Virginia Mesothelioma Lawyer

Filing a Mesothelioma Claim in West Virginia

Filing a mesothelioma claim in West Virginia often involves case consolidation because of the volume of filings in the state. Case consolidation is a process courts use to group similar claims for processing. 

This helps courts reduce filings, streamline case scheduling and expedite trials. Under the current Asbestos Case Management Order, plaintiffs’ attorneys designate “trial groups” of 20 cases. The court schedules trials for 3 of these groups each year.

Key Facts About Asbestos Claims in West Virginia

1. Asbestos lung cancer lawsuit filings have increased in Kanawha. In 2023, lung cancer cases accounted for 61% of filings, up from 38% in 2014.
2. Asbestos cases filed in West Virginia are currently referred to the Circuit Court of Kanawha County.
3. Asbestos cases are categorized based on the severity of illnesses for scheduling. Plaintiffs with cancer receive first priority in trial groups.

In several West Virginia counties, the asbestos-related death rate is more than triple the national average. This includes Kanawha County, the state’s center of industry. 

These sobering statistics — combined with West Virginia’s reputation for plaintiff-friendly courts — has made the state a top jurisdiction in which to file mesothelioma lawsuits. KCIC industry reports have listed Kanawha County among the top 15 counties in the nation for asbestos litigation in recent years.

How Can Hiring an Asbestos Lawyer in West Virginia Help Me?

A West Virginia mesothelioma lawyer familiar with state laws will know how to navigate recent asbestos legislation. The state legislature and courts established specific rules and procedures to manage the large number of asbestos claims filed in the state. 

Experienced mesothelioma attorneys are familiar with those rules and the case process in West Virginia. They can ensure you file your claim correctly.  Asbestos attorneys licensed to practice in West Virginia also understand how trust fund awards affect your claim.

West Virginia Mesothelioma Law Firms

A local attorney will be familiar with the latest state legislation regulating litigation. For example, in 2021, the state enacted House Bill 2495, which requires plaintiffs to file forms with evidence to support each defendant named. This is something an experienced asbestos attorney in West Virginia can help you with.

The state also requires plaintiffs disclose any claims that may exist against bankruptcy trusts no later than 120 days before trial. Information about trust claims is shared with defendants. Courts may require claimants to disclose the amounts they receive or expect to receive from bankruptcy trusts. Defendants are entitled to deduct these amounts from verdicts as “set-offs.”

Nationwide Asbestos Law Firms Outside West Virginia

Many West Virginians also opt to hire one the nation’s best mesothelioma attorneys at a nationwide law firm. They can help you hold negligent asbestos manufacturers who exposed you or your loved one to asbestos responsible.

Firms that practice nationwide have success securing compensation with many different types of cases. They have the knowledge and resources required to take on large corporations.

West Virginia residents don’t have to drive to Washington, D.C., or New York City to meet with a reputable firm. A benefit of going with a nationwide firm is they’ll come to you. They travel to clients coping with mesothelioma regularly, and they won’t charge you for their travel expenses.

Lawyers at top nationwide mesothelioma law firms have licenses to practice in multiple states. This is beneficial if it’s determined you should file in another state. This may be the case if your asbestos exposure happened in a different state or the defendant is based in another state.

Asbestos Settlements and Verdicts Awarded in West Virginia

The following verdicts represent some of the highest verdicts awarded to mesothelioma plaintiffs in West Virginia courts. However, most mesothelioma claims are settled before trial. In February 2024, 40 asbestos cases consolidated in a West Virginia circuit court reached a settlement days before the scheduled trial. 

According to a KCIC industry report, Kanawha, West Virginia, was among the top jurisdictions for nonoccupational asbestos exposure lawsuit filings in 2018. That’s because juries in West Virginia have held companies liable for secondary asbestos exposure.

• $6.4 Million: In 2002, a West Virginia jury awarded $6.4 million in damages to the family of Leonard Cox, who died of mesothelioma after secondary exposure. His father, who died of asbestosis, installed asbestos insulation at DuPont’s chemical plant in Belle. It remains the highest asbestos verdict ever awarded in the state.
• $4.57 Million: A jury awarded $4.57 million to a West Virginia boilermaker who developed mesothelioma after exposure to asbestos in power plants and chemical plants.
• $4.2 Million: A man who developed mesothelioma after exposure to asbestos in shipyards was awarded $4.2 million. 

Generally, out-of-court settlement amounts are less than verdict awards, and they’re kept confidential. Experienced asbestos lawyers are known to secure mesothelioma settlements worth more than $1 million for their clients.

They’re also known to recover 6-figure mesothelioma compensation from asbestos trust funds. A West Virginia mesothelioma attorney can help you file both types of claims in the state without violating laws that promote transparency in asbestos litigation.

West Virginia Laws That Regulate Asbestos 

West Virginia has a mix of federal rules and state laws. These regulations govern asbestos and work together to protect the public from exposure.

West Virginia’s Department of Environmental Protection enforces the federal National Emission Standards for Hazardous Air Pollutants. The state Bureau for Public Health sets licensing requirements for professionals who inspect and remove asbestos-containing materials.

• West Virginia Code Chapter 16, Public Health: Outlines the West Virginia Asbestos Licensure Law.
• West Virginia Code Chapter 16, Article 32, Asbestos Abatement: Outlines West Virginia’s asbestos abatement laws.

• West Virginia Code Chapter 55, Article 2, Limitation of Actions and Suits: Defines West Virginia’s statutes of limitations for asbestos claims.
• West Virginia Code Chapter 55, Article 7, Actions for Injuries: Defines West Virginia’s laws for personal injury lawsuits and wrongful death lawsuits.
• West Virginia Code Chapter 55, Article 7G, Asbestos and Silica Claims Priorities Act: Outlines laws in West Virginia affecting asbestos and silica claims.
• West Virginia Code Chapter 55, Article 7F, Asbestos Bankruptcy Trust Claims Transparency Act: Outlines West Virginia’s laws that apply to plaintiffs filing asbestos lawsuits and trust fund claims.

Buildings must be inspected for asbestos before renovation or demolition operations begin. In cases where regulated asbestos-containing materials will be disturbed, the state’s Division of Air Quality must be notified in advance.

The state government requires special training for asbestos-abatement professionals. It’s important that they understand how to safely remove and dispose of asbestos-containing materials.

How Asbestos Exposure Happens in West Virginia

Often asbestos exposure in West Virginia happens through contaminated products in workplaces. Residents who worked in construction, power generation, logging, mining, coal refineries and manufacturing were at risk of asbestos exposure on the job.

Asbestos building materials in schools have also presented a risk for decades. In 2017, abating asbestos paint was the last step required before opening Ceredo-Kenova Elementary School. In 2011, contractors found asbestos under the floor tiles in Clay County’s Lizemore Elementary School. The 59-year-old school received an inspection in the 1980s. Workers covered over asbestos rather than remove it. 

Sites Known for Asbestos Exposure

• ACME Cabin Creek Consolidated Coal Co. 
• Allegheny Energy Supply
• Dominion Virginia Power
• Elkem Metals
• Monongahela Power Company
• Norfolk Southern Railway
• Putnam Coal Mines
• Weirton Steel
• West Virginia Southern Coal Co.
• Wheeling Pittsburgh Steel

With 117 coal seams in West Virginia, the state’s most notable asbestos threat was its mining industry. Asbestos products on mining equipment posed the greatest threat. Brake linings, welding blankets, pipe insulation and transit panels from mines contained asbestos.

Kanawha County, Cabell County and Putnam County have had the highest incidences of asbestos deaths for decades. These counties were home to some of the state’s most prosperous coal mines.

Occupational Asbestos Exposure in West Virginia

Most asbestos exposure in West Virginia has been occupational exposure. Workers in West Virginia have been exposed in coal mines, refineries, manufacturing plants, chemical plants and power generation. 

Veterans experienced military exposure on bases in West Virginia as well. Many workers who used asbestos products unknowingly brought asbestos fibers home, which led to secondary asbestos exposure among family members.

Jobs That Exposed Workers to Asbestos

• Construction worker
• Manufacturing plant worker
• Metalwork
• Military service
• Miner
• Oil refinery worker
• Power plant worker
• Railway worker
• Shipbuilder

Union Carbide owned many West Virginia mines. Many workers have sued the company in asbestos lawsuits. West Virginians also sued Norfolk Southern Railway and Gordon Gasket and Packing over asbestos exposure.

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