Virginia Mesothelioma Lawyer

Filing an Asbestos Claim in Virginia

Virginia residents and their families have many legal options to seek compensation for mesothelioma and other asbestos-related diseases. You may file a personal injury, wrongful death or a trust fund claim. Individual circumstances in each case may affect the amount of compensation someone receives for asbestos exposure. 

Key Facts About Filing in Virginia 

1. Virginia’s statute of limitations is 2 years from the diagnosis of an asbestos-related disease for a personal injury case.
2. People have 2 years from the death of a loved one to file a wrongful death lawsuit.
3. Plaintiffs in Virginia may pursue economic, non-economic (pain, suffering and emotional distress) and punitive damages. The latter are limited to $350,000.
4. If a plaintiff is found to be even 1% at fault for their asbestos exposure, they may not be allowed to recover damages.

An experienced Virginia asbestos lawyer can navigate the complexities of the state’s laws for you. They’ll be able to determine if there are any exceptions in your case to limitations and what the best course of action is for your specific circumstances. 

Why Hire an Asbestos Lawyer in Virginia?

Hiring a knowledgeable Virginia asbestos attorney with a successful track record in asbestos cases like yours in the state can help increase the likelihood of a positive outcome for you. They’ll be familiar with state laws that may impact your case.

You should talk to an asbestos lawyer as soon as possible. The sooner you file, the sooner you may receive compensation. The compensation you receive from your mesothelioma lawsuit can help cover lost wages and pay for medical bills.

Virginia Mesothelioma Law Firms

Working with an experienced mesothelioma attorney based in Virginia can benefit your case. Local attorneys are acquainted with the occupations and sites in the state that put people at risk of asbestos exposure. 

Virginia asbestos lawyers will be more familiar with courts in judges and potential jury pools for additional details on handling your case. Virginia-based law firms are also locally licensed to ensure your case is dealt with promptly.

Nationwide Asbestos Law Firms Outside Virginia 

The best choice for many plaintiffs is working with a national asbestos law firm. National firms can assist mesothelioma patients and their families in Virginia expertly navigate the legal process. They also have experience with asbestos cases in every state.

According to the 2019 Ranking of State Liability Systems, the latest available information placed Virginia as the 12th best state to file a legal claim. Some Virginians with an asbestos-related illness may file a claim in another state. This may be best for your claim if your exposure happened outside Virginia. If the company responsible is based in another state, this may also affect where you should file.

Asbestos Settlements and Verdicts Awarded in Virginia

There is a history of significant financial rewards and asbestos settlements for people exposed to asbestos in Virginia. Many have resulted in millions of dollars in mesothelioma compensation. 

Notable Virginia Settlements and Verdicts

• $25 Million: Newport News Shipbuilding worker Bert Minton was awarded $25 million in 2011 after developing mesothelioma. Minton worked on 17 Exxon oil tankers throughout the 1960s and 1970s. This was one of the largest jury verdicts ever handed down in Virginia.
• $10.4 Million: Surviving family members of man who died of mesothelioma were awarded $10.4 million in 2008.  He was a former Newport News Shipbuilding employee.
• $5.5 Million: The widow of a Virginia worker was awarded $5.5 million against John Crane, Inc. and Garlock Sealing Technologies in 2009. Her husband was a Newport News Shipbuilding employee who died of mesothelioma after handling asbestos-containing gaskets and sealants while building Navy aircraft carriers.
• $5 Million: Danielle Caraco was awarded $5 million on behalf of Stephen Fowlkes in 2019. Fowlkes was diagnosed with asbestosis from his exposure to asbestos-containing railroad brakes during his employment at Norfolk Southern Railway Company. Fowlkes repaired and installed railroad brake shoes for a decade in the 1980s.

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 Virginia

Virginia state statutes specify several legal requirements for asbestos, lead and home inspection contractors and workers. Virginia has both state laws and federal regulations to help protect residents from toxic asbestos exposure. 

Virginia Asbestos Laws and Regulations

• Virginia Code Labor and Employment 40.1-51.20:  Defines the duties of licensed asbestos and certified lead contractors.
• Virginia Code Labor and Employment 40.1-51.23: Defines the Virginia Asbestos National Emission Standards for Hazardous Air Pollutants Act.
• Virginia Code Labor and Employment 16 VAC 25-20: Defines regulations concerning licensed asbestos contractor notification, asbestos project permits and permit fees.

The Code of Virginia includes the Virginia Asbestos National Emission Standard for Hazardous Air Pollutants Act. It outlines rules and regulations for the Safety and Health Codes Board and laws that the Commissioner of Labor and Industry enforces. Penalties for noncompliance can result in fines or sanctions for businesses that prevent operations until standards are met.

Asbestos Exposure in Virginia 

Virginia’s most frequent sources of asbestos exposure are mining and job sites such as shipyards, chemical plants, mills and refineries. The highest concentrations of environmental asbestos exposure are along the Blue Ridge, an Appalachian mountain range that runs southwest from the Maryland border near Fairfax County and Washington, D.C.

Sites in Virginia Known for Asbestos Exposure

• Crown Cork & Seal: The company didn’t create asbestos-containing products but acquired Mundet Cork, which did manufacture items with the toxic mineral.
• John Crane, Inc.: The company produced asbestos-containing products, including gaskets and packing. Former employees are still suing the company for asbestos exposure.
• Surry Nuclear Power Plant: At least 12 contractors were exposed to airborne asbestos fibers in Isle of Wight County in 2011. A tornado prompted the shutdown of 2 Surry Power Station reactors while hundreds of contract employees were repairing it. Before repair work began, safety officials assured them any asbestos pipes would be clearly labeled. The contractors were shocked several days later when they learned they were misinformed.
• Virginia Vermiculite, LLC: The Louisa County operation is one of the last open-pit vermiculite mines. Vermiculite is a nontoxic mineral that forms naturally alongside asbestos, which has historically contaminated many vermiculite products. 

Residential dwellings have exposed Virginians to asbestos. In April 2019, an asbestos contractor pleaded guilty to violating asbestos safety regulations. Workers removed asbestos from Alexandria, Virginia’s Hunting Point apartment complex in 2014. The sentence was 12 months of probation, 50 hours of community service and a $15,000 fine.

Older structures and schools across Virginia will likely contain some form of asbestos. Until the 1980s, asbestos was used in high-traffic areas like classrooms, auditoriums, school corridors, walls, ceilings and floors. Products containing asbestos in buildings usually don’t pose a threat if left intact and undisturbed.

Occupational Asbestos Exposure in Virginia 

Many occupations across Virginia exposed people to dangerous asbestos while on the job. Shipbuilding is a major industry for Virginia since the state is near the Atlantic Ocean. Asbestos-containing products were used in almost every part of the shipbuilding process.  

High-Risk Jobs in Virginia

• Chemical plant worker
• Construction worker
• Industrial worker
• Military personnel
• Mill worker
• Mining
• Power plant worker
• Refinery worker
• Shipyard worker
• Teacher

Virginians have also been diagnosed with an asbestos-related disease through secondary asbestos exposure. State courts have ruled that companies can be liable for secondary exposure cases. Secondhand exposure happens when a person working with asbestos brings home fibers on their clothing, skin or hair. 

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