Georgia Mesothelioma Lawyers

Filing a Claim in Georgia

Despite the significant asbestos exposure that occurred in Georgia’s industries and workplaces throughout the 20th century, the state is not popular for filing mesothelioma claims, which include personal injury lawsuits, wrongful death lawsuits and asbestos trust fund claims.

Georgia law is not considered favorable for asbestos lawsuits, which has led many Georgia residents to file their claim in another state, if they are able to do so.

Georgia entered the asbestos litigation reform movement in 2005 when lawmakers elected to manage the state’s asbestos case docket. Lawmakers adopted bills that formed strict new filing requirements for asbestos cases, and the effect was immediate: namely, several pending cases were dismissed from Georgia state courts.

Before the new asbestos litigation laws were enacted, Fulton County State Court Judge Henry Newkirk heard a substantial portion of the state’s asbestos lawsuits. After the new laws passed, Newkirk’s asbestos-related caseload fell significantly in a year, from 1,200 to about a dozen.

Many veterans in Georgia were exposed to asbestos products on military bases. Veterans who develop mesothelioma may file VA claims for benefits, and they have access to VA health care in Georgia.

A Georgia mesothelioma lawyer can help you trace your asbestos exposure and determine whether you can file a lawsuit in Georgia or another state. Keep in mind that Georgia and other states limit the amount of time you have to file an asbestos lawsuit, a time period known as the statute of limitations.

Asbestos Exposure in Georgia

Asbestos exposure in Georgia has primarily occurred in occupational settings and near naturally occurring asbestos deposits.

Georgia has a significant amount of naturally occurring asbestos in its mountainous regions. It has 52 asbestos deposits and was once home to 17 asbestos mines, including the Sall Mountain Asbestos mine, the first asbestos mine in the U.S. to produce asbestos on a large scale.

Several industries in Georgia used asbestos products that exposed many workers to the toxic mineral. Workers were exposed in factories, manufacturing plants, power generation facilities and military bases.

Georgia Industries Known for Asbestos Exposure

Mesothelioma Law Firms Practicing in Georgia

The convenience of hiring a local legal team, for example an Atlanta mesothelioma law firm, is easy access to in-person meetings at their office. However, state and national asbestos lawyers have robust resources and robust experience. They’ve handled many different types of cases and they know which jurisdiction is best for your type of claim.

In 2022, Weitz & Luxenburg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods, Inc. responsible for asbestos exposure.

More than half of all mesothelioma plaintiffs in the U.S. file their claims outside of the state they live in, according to a 2019 KCIC industry report. Most mesothelioma plaintiffs in Georgia choose to file out of state because Georgia courts have passed laws that tend to favor asbestos defendants.

For this reason, Georgia residents with mesothelioma will want to consider a nationwide mesothelioma law firm because they have the knowledge and experience to file asbestos claims anywhere in the country.

One of the many benefits of choosing a nationwide asbestos law firm is their willingness to travel to their clients. They make it easy on you by conducting interviews and depositions from the comfort of your hometown, and you won’t be charged for their travel costs.

Consider whether it is in your family’s best interest to hire one of the nation’s best mesothelioma attorneys. They have a long track record of successfully handling mesothelioma claims that may be similar to your claim.

Asbestos Verdicts Awarded to Georgia Workers

Multimillion-dollar mesothelioma verdicts are not common in Georgia. Many Georgia residents decide to file their claim in other states that are more favorable to mesothelioma plaintiffs.

The top asbestos law firms know the best state in which to file your claim based upon the type of case that you have. These firms are known to secure mesothelioma settlements worth more than a million dollars for their clients. They are also known to recover six-figure payouts from asbestos trust funds.

Georgia Asbestos Laws and Regulations

Georgia has a mix of federal and state laws that regulate asbestos and aim to protect the public from exposure.

In 2009, state funding for the Georgia Asbestos Program was cut. By 2011, the program was completely defunded. Control of the program was transferred to the U.S. Environmental Protection Agency’s Region 4, except the state continued to oversee asbestos abatement in residential homes.

Formerly, all asbestos regulations were administrated by the Land Protection Branch of the state’s Environmental Protection Division. In 2017, the branch made headlines for failing to report any asbestos abatement violations in the prior seven years.

Regulations Governing Asbestos in Georgia

Departments Overseeing Georgia’s Asbestos Laws

Georgia Laws Affecting Asbestos Lawsuits

Asbestos Litigation Trends in Georgia

Georgia enacted a revised version of the Asbestos and Silica Litigation Reform law on May 1, 2007. State law currently includes the following key provisions to regulate asbestos litigation within Georgia courts.

Medical Criteria

Plaintiffs with nonmalignant conditions and asbestos-related cancers must provide evidence of physical impairment before trial to move forward with their lawsuits. Mesothelioma claimants are not required to provide further evidence of physical impairment.

Plaintiffs with asbestos-related cancers other than mesothelioma must provide a medical report by a qualified doctor certifying that asbestos exposure was a substantial contributing factor to the diagnosed cancer.

No discovery can take place until the required evidence has been established. Georgia also attempts to limit the use of information obtained from mass asbestos screenings sponsored by personal injury lawyers to satisfy medical criteria.

Limits on Who Can File Claims

As of May 1, 2007, asbestos lawsuits may only be filed by Georgia residents or people who were residents at the time of exposure.

Case Consolidation

Georgia state courts may not consolidate the cases of multiple asbestos claimants for trial without the consent of all parties.

Successor Liability

Georgia law limits successor liability to the fair market value of the total assets of a predecessor company at the time of merger or consolidation.