Tennessee Mesothelioma Lawyers

Filing an Asbestos Claim in Tennessee

Tennesseans diagnosed with an asbestos-related disease may seek compensation through legal action. The processes for filing a claim with an asbestos trust fund or a lawsuit can be complicated and must be completed precisely. 

The statute of limitations for mesothelioma lawsuits in Tennessee is 1 year from the time of your diagnosis to file a personal injury claim. Wrongful death claims must be filed 1 year from the time of death of a loved one. Most other states allow asbestos plaintiffs more time to file a claim. 

Key Facts About Filing in Tennessee 

1. Asbestos plaintiffs in Tennessee are allowed 30 days to submit evidence to support the inclusion of each defendant named in a lawsuit. 
2. State courts can dismiss lawsuits that don’t provide sufficient evidence within 30 days of filing.
3. The “bare metal” defense, which applies under Tennessee law, allows defendants to argue they shouldn’t be held liable for asbestos replacement materials they didn’t manufacture, distribute or sell.
4. Plaintiffs in personal injury and wrongful death claims found 50% or more at fault for the injury can’t collect damages.

An experienced Tennessee mesothelioma lawyer can guide you through the process ensuring your claim is filed correctly and on time. Your attorney will be able to assess if any legal exceptions to state laws apply to your case. They will manage each step of the process for your mesothelioma lawsuit. 

Why Hire a Tennessee Mesothelioma Lawyer After Asbestos Exposure?

Those diagnosed with mesothelioma or another asbestos-related disease should consider hiring a Tennessee mesothelioma lawyer to handle their claim. A top attorney will have a successful track record of litigating similar cases. Hiring expert legal representation can have a major impact on the success of your case. 

It’s important to file your claim as soon as possible. Talk with your skilled Tennessee asbestos attorney soon after your diagnosis to ensure your case is filed within the state’s tight statute of limitations. The quicker you file, the sooner you may be able to receive compensation to cover your lost wages and medical expenses. 

Tennessee Mesothelioma Law Firms

A knowledgeable mesothelioma attorney in Tennessee can benefit your case. Local asbestos lawyers will be familiar with judges and potential jury pools for additional details on approaching your case. 

Local mesothelioma attorneys are well informed about the many at-risk occupations across Tennessee known for asbestos exposure. This will help them more effectively build evidence for your claim. Tennessee-based law firms will also be locally licensed to handle your case quickly. 

Nationwide Asbestos Law Firms Outside Tennessee

Working with a national mesothelioma law firm also has many advantages. They have experience holding large corporations accountable in court. They also have extensive asbestos databases and resources working for you. 

Top national firms are happy to travel to you for the initial consultation. They also have experienced investigators working to gather key evidence documenting your asbestos exposure to back up your mesothelioma claim.

Asbestos Compensation in Tennessee

In Tennessee, many verdicts and settlements in asbestos cases have resulted in millions of dollars in mesothelioma compensation. The duration and intensity of asbestos exposure, the plaintiff’s age and the liability of defendants can all affect the amount of your verdict or settlement.

Every mesothelioma case is unique. The average mesothelioma settlement ranges from $1 million to $2 million. Verdicts typically average more, between $5 million and $11.4 million. Discuss any important details about your case that may affect your claim with your seasoned Tennessee lawyer.

Notable Tennessee Settlements and Verdicts 

• $34 Million: Awarded to a mechanic in Kodak. 
• $6.5 Million: To an auto mechanic in Clarksville.
• $5 Million: Awarded to a stagehand and carpenter in Brentwood.
• $1.4 Million: In 2009, a Hamilton County jury awarded $1.4 million to Marian Jackson, who claimed her husband’s death from mesothelioma was caused by exposure to asbestos through his work as a pipefitter for Combustion Engineering in Chattanooga.

A jury awarded $4.6 million to Joyce and Ronnie Stockton in 2015. Their lawsuit claimed Joyce Stockton developed mesothelioma through contact with her husband’s asbestos-contaminated work clothing. Ronnie Stockton was exposed to Ford Motor Co.’s asbestos automobile products while working as an auto mechanic. 

In 2017, a divided Tennessee appeals court panel vacated the award. It remanded the case to a lower court because the initial jury failed to go through the process of finding Ford’s product defective or unreasonably dangerous before finding them liable. The outcome of the remanded case remains unpublished. Challenges in the legal process like this underscore the importance of working with seasoned asbestos lawyers.

Tennessee Asbestos Laws and Regulations

Tennessee uses a blend of state laws and federal regulations to control asbestos and prevent exposure among residents. The state’s asbestos regulations are similar to federal Occupational Safety and Health Administration standards and the National Emissions Standard for Hazardous Air Pollutants.

Tennessee Asbestos Laws and Regulations 

• Tennessee Code 28-3-104(a)(1): Defines the statutes of limitations for personal injury and wrongful death lawsuits in Tennessee.
• Tennessee Code Sections 29-11-101 and 47-3-406: Defines Tennessee’s negligence laws, including the definition of the state’s modified comparative negligence rule.
• Tennessee Code Annotated Section 29-39-102: Sets a cap on the noneconomic damages (pain and suffering, emotional distress) each injured plaintiff may recover in a civil lawsuit. Compensation for non-economic damages cannot exceed $750,000 for all injuries.

• Tennessee Rule Chapter 1200-01-20: Defines Tennessee’s asbestos regulations, including the asbestos accreditation requirements for training providers, training courses, firms and asbestos professionals in Tennessee.
• Tennessee Code Section 62-41-101: Outlines Tennessee’s asbestos contractor accreditation regulations.

The Tennessee Department of Environment and Conservation oversees the state’s asbestos program. Its Air Pollution Control Division handles permits for asbestos demolition and renovation projects. The Tennessee Department of Labor & Workforce Development Division of Occupational Safety and Health enforces asbestos exposure protections in the workplace.

How Are People Exposed to Asbestos in Tennessee?

Many Tennesseans were exposed to asbestos through manufacturing and industrial companies while on the job. Tennessee has no naturally occurring asbestos deposits, although several deposits lie just outside its eastern border in North Carolina.

Sites in Tennessee Known for Asbestos Exposure

• American Smelting and Refining Company: ASARCO consolidated several mining, refining and smelting operations nationwide. The company began asbestos mining in the 1950s and started an asbestos pipe manufacturing business in the 1960s. Thousands of asbestos lawsuits caused the company to file for bankruptcy in 2005. An asbestos trust fund was created in 2009.
• Franklin Mill (International Paper): The International Paper Company has been included in several asbestos-related lawsuits. Former employees claim they were exposed to asbestos in the company’s paper mills. 
• Rose of Sharon Primitive Baptist Church: The Nashville church was inundated with 2 feet of water during a 2010 flood. After the waters receded, congregants began the recovery process. As they cleared away carpets, pews and drywall, they experienced respiratory and skin problems. Code enforcement discovered that the building contained asbestos and other contaminants. 
• Shelby County Juvenile Court: The building was closed for 5 months after mold, lead and asbestos were discovered inside. 
• Tennessee Valley Authority: The largest public power company in the U.S. has been involved in several asbestos exposure cases. In 2019, more than 50 tons of asbestos was found buried under TVA property at the company’s Kingston plant. 

In August 2024, several complaints were filed about the condition of Jefferson Elementary School in Jefferson City. The school lacked air conditioning and had plumbing issues, mold and asbestos. Many parents of children attending the school came together to call for action. 

School leaders later said the asbestos in the school is being maintained and removed as necessary. The cafeteria tile containing asbestos was removed and remediated. Most schools and other structures built before 1980 will likely contain asbestos. The mineral was present in many products used in classrooms, school corridors and auditoriums. 

Occupations & Industries Known for Asbestos Exposure in Tennessee 

Asbestos use across the state puts workers in a number of occupations at risk of exposure in Tennessee. Paper mills were among the most dangerous sources of asbestos exposure in the Volunteer State. Power generation was another primary source of exposure for residents. The Tennessee Valley Authority became one of the largest energy providers in the country.

Many Veterans of the U.S. armed forces were exposed to asbestos on military bases in Tennessee. Sites include Arnold Air Force Base near Tullahoma and Naval Support Activity Mid-South in Millington.

High-Risk Jobs in Tennessee 

• Agriculture
• Carpentry
• Chemical production
• Construction
• Demolition
• Engineering
• Manufacturing
• Military personnel
• Oil refining
• Paper milling
• Power generation
• Teacher
• Textile worker

Tennessee courts will hold companies responsible for secondhand asbestos exposure. Sometimes referred to as “take-home duty,” secondhand exposure can happen when a person who works with asbestos carries home fibers on their clothing, skin or hair. Similar to primary exposure, secondary exposure can also cause mesothelioma or other asbestos-related diseases.

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