Nebraska Mesothelioma Lawyer

How to Find and Choose a Nebraska Mesothelioma Lawyer

Hiring an experienced asbestos lawyer gives you the support you need to file a claim correctly and successfully in Nebraska. Along with asking about how many years of experience they have and their success rate during your initial free consultation, get a sense of how comfortable you and your family will be working with them and their communication style. 

If you or a loved one has mesothelioma, you’re not alone. In Nebraska, data shows 20-30 new mesothelioma diagnoses are reported every year on average. Hundreds of patients file asbestos claims and lawsuits annually in the United States.

Nationwide mesothelioma law firms have a deep understanding of asbestos litigation in Nebraska and the country. If your asbestos exposure happened outside of Nebraska or the defendant is headquartered elsewhere, it may be necessary to file in another jurisdiction. A national law firm has the ability to represent you in jurisdictions across the United States. National firm Simmons Hanly Conroy, for example, has secured more than $78 million in compensation for Nebraskans.

Weitz & Luxenberg

• $8.5 Billion Recovered
• Serves Clients Nationwide
• Rated #1 by U.S. News & World Report for 2022

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Simmons Hanly Conroy

• $8.9 Billion Recovered
• Serves Clients Nationwide
• Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report

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Compensation From Asbestos Filings in Nebraska

Many Nebraska cases conclude with a negotiated mesothelioma settlement. In a settlement, both parties agree to an amount of compensation the defendant will pay to resolve the lawsuit outside of court. This can often provide quicker financial relief for plaintiffs and their families coping with mesothelioma.

While jury verdicts can sometimes be larger, settlements generally offer a more predictable outcome. Mesothelioma compensation can provide financial help for medical bills, lost wages and pain and suffering. 

Nebraska Mesothelioma Settlements, Verdicts or Trust Fund Payouts

• Undisclosed J&J settlement: Heather Nelson filed a wrongful death mesothelioma claim in Nebraska in 2024. Nelson settled for an undisclosed amount with Johnson & Johnson, LTL Management, Janssen Pharmaceuticals and Kenvue, Inc.
• Undisclosed Metropolitan Life settlement: In 2020, Starr Snyder settled his mesothelioma claim filed in Nebraska. Snyder settled for an undisclosed amount with defendants such as DAP, Inc., Cleaver Brooks and Metropolitan Life Insurance.
• Workers’ Compensation Court award of $118,920: Romana Olivotto filed a workers’ compensation claim after her husband Joe developed malignant pleural mesothelioma from working as a terrazzo installer for DeMarco Brothers Company from 1954 to 1980. Nebraska’s Workers’ Compensation Court awarded Mrs. Olivotto $113,594 in medical expenses, plus additional compensation for insurance deductibles and travel costs to Mayo Clinic. The decision was affirmed on appeal in 2005.

Between the 1980s and early 2000s, the federal court system was overwhelmed with asbestos lawsuits. In 1991, judges created a special consolidated proceeding called MDL 875 (multidistrict litigation) in Pennsylvania to handle asbestos cases from across the country more efficiently, including some from Nebraska. At its peak, this consolidation included more than 150,000 cases involving various asbestos-related diseases. 

Most of those cases have since been resolved or sent back to their original courts. Today, the vast majority of mesothelioma cases are filed as individual personal injury and wrongful death lawsuits in state courts rather than being part of large federal consolidations. This shift reflects the highly individualized nature of each case, where factors like specific work history, exposure duration, particular products involved and unique medical circumstances vary significantly from person to person.

How Does an Asbestos Lawyer Handle Your Claim in Nebraska?

Working with a mesothelioma lawyer in Nebraska means having an advocate who understands the state’s specific laws and filing deadlines. Your attorney manages the legal process while you focus on your health and family.

Steps to a Mesothelioma Claim

1. Gather medical records: Your lawyer collects all available documentation to confirm your mesothelioma diagnosis and links it to asbestos exposure.
2. Investigation of your exposure history: Your legal team examines the asbestos products and exposure sites in Nebraska responsible for your diagnosis, such as the Sierra Talc milling facility in Grand Island, which processed talc that could be contaminated with asbestos and exposed workers to toxic fibers.
3. Work with experts: Your legal team consults medical and occupational experts who help strengthen evidence and build the strongest possible case.
4. File your claim: Your mesothelioma attorney files claims with asbestos trust funds and personal injury lawsuits in Nebraska courts, adhering to the state’s 4-year statute of limitations from diagnosis for personal injury or 2 years from death for wrongful death claims.
5. Manage legal procedures: Your asbestos lawyer handles all paperwork, processes, court filings, procedural requirements and your testimony throughout your case.
6. Negotiate or litigate: Your mesothelioma attorney negotiates settlements with defendants or prepares for trial if needed to maximize your compensation.

Most mesothelioma claims settle within 12 to 18 months. Throughout the case, your attorney maintains regular communication about developments and next steps, ensuring you understand the process without being overwhelmed with legal technicalities.

Unsure About Your Legal Options?

Over $30 billion has been set aside to support those diagnosed with mesothelioma. We’ll help you explore your options and introduce you to the nation’s leading mesothelioma law firms.

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Asbestos Exposure in Nebraska

Nebraska residents mainly faced asbestos exposure on the job. Many factories, power plants and automotive shops used insulation and other products that contained asbestos from the 1950s to the late 1970s. Military personnel at some bases in Nebraska also experienced exposure.

Sites Known for Asbestos Exposure

• Allied Chemical: This company in Columbus used asbestos in its manufacturing processes.   
• Air Force bases: Personnel at military bases worked in buildings containing asbestos products. Examples include Lincoln and Offutt Air Force bases.
• Power plants: Employees of Nebraska power plants may have loosened the fibers from pipes, gaskets, boilers or other equipment. Workers may have operated asbestos-insulated machinery at certain plants. These include Blue Hill City Light and Water, Whelan Energy Center and Madison Utilities.
• Sierra Talc: This Grand Island milling facility processed talc, a mineral that in some deposits can be contaminated with asbestos. The site has been identified on asbestos-exposure lists for Nebraska.   
• Union Pacific Railroad Company: Employees working on trains and in Nebraska rail yards handled asbestos brakes and insulation. Union Pacific’s headquarters are in Omaha, Nebraska.
• Western Electric / AT&T: Workers at the Western Electric plant in Omaha may have been exposed to asbestos while coating copper wires, maintaining machinery insulation and replacing brake or equipment components.

Industrial locations often used asbestos-containing materials in high-heat applications. Workers who repaired or operated machinery could inhale loose asbestos fibers when replacing gaskets, asbestos insulation and friction parts.

Western Mineral Products in Omaha 

According to EPA documents from 2004, the Western Mineral Products location in Omaha was one of the largest processing facilities in the U.S. for asbestos-contaminated vermiculite. From at least the 1960s to 1989, the plant processed more than 160,000 tons of the ore. Most of the company’s vermiculite came from the W.R. Grace Company mine in Libby, Montana.

Workers at the Western Mineral Products plant routinely unloaded, bagged and swept asbestos-containing ore, breathing in the toxic fibers repeatedly for years. Countless laborers, family members and nearby communities were likely exposed to asbestos fibers. 

Internal W.R. Grace records from other Libby-vermiculite plants show worker exposures many times higher than today’s OSHA limit of 0.1 fibers per cubic centimeter. ATSDR concluded that Omaha plant workers and nearby residents faced an increased risk of asbestos-related disease from the contaminated vermiculite processed there.

Occupational Asbestos Exposure in Nebraska

Occupational asbestos exposure in Nebraska put workers in power plants, factories and farms at risk. As a primarily agricultural state, farmers may have encountered asbestos in older farm buildings and equipment, and in some soil conditioners that used vermiculite products. Veterans also experienced military asbestos exposure on bases. 

Higher-Risk Jobs in Nebraska

• Boilermakers
• Construction workers
• Factory workers
• Farmers
• Insulators
• Mechanics
• Pipefitters
• Power plant workers
• Shipyard workers

Even family members of workers could face secondhand asbestos exposure. This happens when asbestos fibers enter homes on work clothing. Exposed loved ones can get sick as a result years later.

Many companies in Nebraska used asbestos, which put workers at risk. Western Mineral Products and Sheldon Station power plant serve as examples. Asbestos lawsuits have held Nebraska companies accountable.

How Your Lawyer Supports You in Nebraska’s Changing Asbestos Litigation

Nebraska’s legal landscape presents unique challenges for mesothelioma claims. In recent sessions, lawmakers have repeatedly introduced an “Asbestos Trust Claims Transparency Act” that would require extensive disclosure of asbestos trust funds, paired with restrictions on how many defendants can be named in a single lawsuit, though these bills haven’t passed. If enacted, these requirements would make filing claims much harder for Nebraska families and extend the time required for trials.

Nebraska Legislative Changes

• Statute 25-21,185.09: Nebraska uses a modified comparative negligence rule. If you are partly at fault, your award is reduced based on your percentage of responsibility. You cannot recover compensation at all if you are found 50% or more at fault.
• Statute 30-810: In Nebraska, only the personal representative can file a wrongful death action on behalf of the surviving spouse and the decedent’s next of kin. A mesothelioma attorney can help the personal representative navigate these rules and ensure eligible family members are included.

Nebraska law also creates obstacles through its treatment of damages. The state prohibits punitive damages in most cases under its constitution, which requires all fines and penalties to go to public schools. The 2017 Nebraska Supreme Court case O’Brien v. Cessna Aircraft Co. reaffirmed this rule applies to product liability cases like mesothelioma lawsuits. While the state doesn’t limit compensatory damages for pain, suffering, and medical expenses in most personal injury cases, juries can’t award punitive damages to punish corporate negligence.

Additionally, Nebraska protects corporations that buy companies responsible for asbestos exposure. When one company acquires another, state law limits damages, or how much the new owner has to pay for asbestos claims. They’re only responsible up to what the purchased company was worth at the time of the sale. This makes it harder to hold negligent businesses accountable. But an experienced mesothelioma lawyer can help you understand your legal options and pursue the compensation you deserve.