Kansas Mesothelioma Lawyer

Filing a Mesothelioma Claim in Kansas

If you’ve been diagnosed with mesothelioma or another asbestos-related illness, you may be eligible to file a personal injury lawsuit in Kansas. You may also be able to file a mesothelioma claim with an asbestos trust fund. 

Families of someone who died of mesothelioma may qualify to file a wrongful death claim. A mesothelioma lawyer can help you and your family navigate your legal options and ensure your claims are filed correctly and on time. 

Key Facts About Filing Asbestos Claims in Kansas

1. You must file a personal injury claim within 2 years after receiving a mesothelioma diagnosis. 
2. Surviving family members have 2 years from the date of the loss of their loved one to file a wrongful death claim. 
3. Kansas uses what’s called a modified comparative fault system. This means you may still recover damages even if you’re considered partially at fault for your asbestos exposure. 
4. Those deemed 50% or more at fault for their own asbestos exposure may not be able to recover compensation. However, an experienced lawyer can build a solid case showing the defendant was the primary cause of exposure.

An experienced Kansas mesothelioma lawyer can help you understand the legal process and keep you updated on the status of your claim. They can assess if any special rules apply to your specific case and how best to proceed. Your lawyer will take care of each step of your mesothelioma lawsuit from filing to negotiating a settlement or litigating so you can focus on your health.

Why Should I Hire a Kansas Asbestos Lawyer? 

If you’ve been diagnosed with mesothelioma or another asbestos-related illness, consider talking to a knowledgeable Kansas mesothelioma lawyer. An experienced attorney who understands these kinds of cases can make a big difference in helping you get the compensation you deserve.

It’s best to reach out as soon as possible after your mesothelioma diagnosis. Kansas has a short deadline for filing mesothelioma claims, so acting quickly helps protect your rights. The sooner you and your attorney file, the sooner you may be able to get help with medical bills, lost income and other expenses.

Kansas Mesothelioma Law Firms

Working with an experienced Kansas law firm can benefit your case. A local mesothelioma lawyer who knows the courts and how juries usually respond may have helpful insights into the best way to handle your claim.

They may also know about common asbestos jobsites in Kansas and which companies may be responsible for your exposure. This knowledge can make it easier for them to gather strong evidence to support your case.

Nationwide Asbestos Law Firms Outside Kansas

Hiring a national mesothelioma lawyer can be an excellent choice for many in Kansas. These law firms have years of experience and many resources, like large databases about asbestos companies and job sites.

If you can’t travel, lawyers with national asbestos law firms will travel to you and typically free of charge. They regularly travel long distances to meet with clients and record depositions. If your exposure happened outside of Kansas, experienced national law firms can determine if your case would benefit from being filed in another state.

Asbestos Settlements and Verdicts Awarded in Kansas

In Kansas, many people with mesothelioma have received millions of dollars through verdicts and settlements. The amount of asbestos compensation you may receive depends on many factors. The duration and intensity of your asbestos exposure, age and defendants’ liability can all affect the amount you may receive.

Notable Kansas Settlements and Verdicts

• $4.68 million: Awarded to an electrician in Lenexa
• $4.56 million: To a laborer in Chanute
• $3.35 million: Awarded to a maintenance worker in Wichita
• $3.17 million: To a tractor-trailer mechanic in Wichita
• $2.6 million: Awarded to a U.S. Air Force veteran and warehouse worker in Hays

Mesothelioma settlements can range from $1 million to $2 million. The national average mesothelioma verdict amount is $20.7 million. Top mesothelioma lawyers have also secured 6-figure payouts from trust funds. An experienced Kansas asbestos attorney can guide you on what trust funds you may be eligible to file a claim with.

Regulating Asbestos in Kansas

Both federal and state asbestos laws regulate asbestos in Kansas. The Kansas Department of Health and Environment, Bureau of Air, regulates asbestos abatement activities statewide. KDHE requires asbestos abatement businesses to be licensed and their workers certified to ensure compliance with regulations. 

Kansas Asbestos Laws and Regulations

• Kansas Air Quality Regulations K.A.R. 28-19-750: Adopts the federal NESHAP standards for asbestos. This applies to any demolition, renovation or asbestos handling activity.
• Kansas Asbestos Licensing Requirements K.A.R. 28-50-1 through 28-50-14: Contractors, inspectors, project designers and workers must be licensed. Training and certification are required through KDHE-approved programs.
• K.A.R. 28-29-27: Covers proper disposal of asbestos waste at approved landfills in Kansas.
• KDHE Notification Rule K.A.R. 28-50-13: Requires written notice to the Kansas Department of Health and Environment 10 working days before starting any asbestos abatement project.

The Kansas Department of Health and Environment follows the Environmental Protection Agency’s National Emission Standards for Hazardous Air Pollutants rules to help keep people safe from asbestos. These rules say that buildings like schools, offices or stores must be checked for asbestos before being torn down or repaired. Kansas also has its own asbestos safety laws. Together, these rules ensure that asbestos is handled correctly during any project.

Asbestos Exposure in Kansas

Much of Kansas’ history includes farming and the aviation industry. Both used asbestos products to prevent fires. Many manufacturing facilities, industrial sites and military bases in Kansas also used the toxic mineral. Kansas City has a higher incidence rate of asbestos-related diseases than nearly every other city in the state. 

Sites in Kansas Known for Asbestos Exposure

• American Salt Company: Workers were exposed to asbestos at the company’s Lyon site before the mineral’s health risks were fully understood. 
• Boeing: The company’s Kansas operations, particularly in Wichita, have a history of asbestos use and workers’ exposure.
• Chemical Sealing Corporation: A survey conducted in 1972 showed the Kansas City company was responsible for asbestos exposure.  
• Compass Resources: The Occupational Safety and Health Administration cited Compass Resources in Lakewood for exposing workers to asbestos and other hazards in December 2021.
• Diversified Insulation: The company, also known as Shelter Shield and WRG, was a manufacturer and supplier of asbestos insulation products in Kansas.
• Dodson Manufacturing Company: The company’s location in Wichita has been identified as a manufacturer of products that may contain asbestos.
• Georgia Pacific: The company and its predecessor, Bestwall Gypsum, used asbestos in various construction materials, including joint compounds and drywall. 
• Harcros Chemical Incorporated: Founded in 1917, it was Kansas’ first chemical plant. The Kansas City facility used asbestos to insulate machinery. The company continued to open chemical and power plants over the following decades.
• MARCO: Also known as the Mid-America Refining Company, its petroleum refinery in Chanute operated from the 1940s to 1981. It used asbestos throughout the refinery to insulate high-heat machines and processes.
• Trans World Airlines, Inc. and Cessna Aircraft Company: Both aviation companies were known for asbestos exposure at their Kansas sites.

Most buildings constructed before 1980 likely contain asbestos. Asbestos products like flooring and ceiling tiles were used throughout older schools, including in science labs, classrooms and auditoriums. Students, teachers and staff face the risk of asbestos exposure from this legacy asbestos.

In 2005 and 2006, the Kansas Department of Corrections renovated a prison dorm in Topeka but failed to check for asbestos first, breaking Clean Air Act rules. Workers also weren’t given proper safety training or protective gear. After that, the KDC spent $170,000 to inspect other prison buildings for asbestos.

Occupational Asbestos Exposure in Kansas

Most people in Kansas who came in contact with asbestos did so through their occupation. Many were construction workers, auto mechanics, insulation workers or electricians. Workers in Kansas’ large aircraft manufacturing and maintenance industry also faced exposure on the job.

High-Risk Jobs in Kansas

• Auto mechanics
• Aviation workers
• Boiler operators
• Carpenters
• Demolition crews
• Electricians
• Factory workers 
• Farmers
• Insulation workers
• Machinists
• Maintenance workers
• Military members
• Plumbers
• Roofers
• Welders

Companies may be held responsible in court for secondary asbestos exposure in Kansas. Secondhand exposure happens when someone who works around asbestos brings the dust home on their clothes, skin or hair. Family members can breathe in the toxic microscopic fibers without knowing it. Just like workers, people exposed this way can also get mesothelioma or other serious illnesses.

Recommended Reading