Alabama Mesothelioma Lawyers

Filing an Asbestos Claim in Alabama

People in Alabama with asbestos-related illnesses may file personal injury claims. Those who lost a loved one to an asbestos disease may file wrongful death claims. Filing a lawsuit in Alabama can be challenging and complex. It’s important to work with a lawyer who has experience litigating in Alabama.  

When filing a personal injury lawsuit in Alabama, you and your lawyer will state your desired damages. For these cases, you’ll seek compensatory damages. These cover expenses like medical bills and lost wages. For wrongful death cases in the state, you won’t declare your desired amount of punitive damages. Punitive damages are meant to “punish” those responsible. The jury will determine the amount.

Key Facts About Filing in Alabama

1. Alabama has no cap on compensatory damages for personal injury lawsuits. 
2. Punitive damages in personal injury cases need proof of intentional misconduct. 
3. The cap on punitive damages in personal injury cases is whichever is greater: three times the amount of compensatory damages or $1.5 million.
4. Alabama only allows for punitive damages for wrongful death cases, but there is no cap. 

An experienced asbestos lawyer in Alabama can help you file your mesothelioma claim. They can also determine if you should file in another state. This could be the case if you live in Alabama, but were exposed in a different state. It may also be the case if the company is headquartered in another state.

Why Hire an Alabama Mesothelioma Lawyer After Asbestos Exposure?

Hiring a skilled mesothelioma attorney in Alabama can affect your claim. Your lawyer should have a record of success in asbestos cases in Alabama. They’ll be better able to navigate what’s needed for your asbestos lawsuit.

Top Alabama law firms can also assess if you can file claims with asbestos trust funds. Rock Wool Manufacturing Company in Leeds and Shook & Fletcher in Birmingham were based in Alabama. They both established asbestos trust funds. 

Alabama Mesothelioma Law Firms

It’s important to choose the most experienced law firm in Alabama. Look for an asbestos lawyer who has handled cases like yours.

Laws and regulations can vary from state to state. For example, there’s a statute of limitations to file a mesothelioma lawsuit in Alabama. It’s 2 years from the date the person received their diagnosis. This applies to both personal injury and wrongful death claims.

To be sure you file on time, it’s important to speak with an asbestos lawyer as soon as possible. An Alabama lawyer can assess if there are exceptions in your case. The sooner you file, the sooner you may receive compensation. Compensation can help pay for medical bills and cover lost wages.

Nationwide Asbestos Law Firms Outside Alabama

Plaintiffs in Alabama also work with national mesothelioma law firms. National firms have lawyers licensed to practice all over the country. They can file in Alabama or in another state if it’s most appropriate for your claim. 

Attorneys at national firms understand their clients can’t always travel. Top firms usually won’t charge for travel to the initial meeting. 

National firms have experience opposing large corporations. They also have extensive resources. They can help hold companies accountable for negligence that exposed you to asbestos.  

Asbestos Compensation in Alabama

There have been many major asbestos settlements and verdicts in Alabama. Asbestos litigation reflects the state’s industrial past. Past cases have led to millions of dollars in mesothelioma compensation. 

Simmons Hanly Conroy helped a HazMat technician and computer programmer with mesothelioma in Huntsville obtain $5.1 million. They also secured $4.2 million for a coal miner and lathe operator in Haleyville.

Notable Alabama Settlements and Verdicts

• $115.6 Million: A group of 21 Alabama steel workers were awarded $115.6 million in 1998. The workers developed asbestos-related diseases from working at a U.S. Steel mill in Birmingham, Alabama. The jury awarded $15.6 million in damages and $100 million in punitive damages.
• $3.5 Million: An Alabama judge awarded more than $3.5 million to the estate of Barbara Bobo in 2015. She developed pleural mesothelioma from secondary exposure. She washed her husband’s asbestos-contaminated work clothes for 22 years. He worked at Browns Ferry Nuclear Plant in Athens, Alabama.
• $81,000: An Alabama jury awarded $81,000 to a man with asbestosis in 1995. He worked as a machinist at shipyards and mills in Alabama. He was exposed to several asbestos products. For example, ship engine rooms had various types of asbestos insulation.

The average amount of a mesothelioma settlement varies from case to case. Settlements can range from $1 million to $2 million. Mesothelioma verdicts average higher. The national average asbestos lawsuit trial verdict is $20.7 million.  

Many factors can affect your verdict or settlement amount. Every mesothelioma case is different. Talk to your attorney about any factors that could affect your claim. 

Alabama Asbestos Laws and Regulations

Alabama has state and federal laws that regulate asbestos use. The Alabama Department of Environmental Management is in charge of these state laws. Its Air Division regulates asbestos air quality in Alabama.

Alabama Asbestos Laws and Regulations 

• Alabama Code Section 6-2-1: Defines the statutes of limitations for personal injury and wrongful death lawsuits in Alabama.
• Alabama Code Section 6-5-410: Defines Alabama’s negligence laws. Additionally, the 1980 Alabama case ruling, Golden v. McCurry, helped define the state’s contributory negligence doctrine.
• Alabama Code Title 22, Section 22-39-1: Alabama Code Title 22 on Health, Mental Health, and Environmental Control contains the state’s asbestos laws.

The ADEM also oversees and licenses asbestos abatement workers and projects in the state. The agency also runs the Alabama Asbestos Contractor Accreditation Program. 

How Are People Exposed to Asbestos in Alabama?

The majority of Alabama residents were exposed to asbestos at work. A number of industries used asbestos heavily. The military, construction and manufacturing are very high risk jobs.

Natural asbestos deposits in Alabama may also pose a risk. Asbestos mine prospects exist that were never mined. They’re found north of Auburn, near the state line. 

Sites in Alabama Known for Asbestos Exposure

• Alabama Drydock & Shipping Company: Several legal claims have been filed against the Mobile shipyard.
• Alabama Power Plant: The Facility in Birmingham is a job site confirmed to contain asbestos.
• Fort McClellan: The U.S. Army training installation near Anniston was where soldiers were trained in chemical warfare.
• Fort Rucker: Veterans were exposed to asbestos at this military base in Dale County.
• Gulf States Paper Mill: The machinery at the Tuscaloosa facility is confirmed to have exposed workers to asbestos.
• Maxwell Air Force Base: Veterans were also exposed to asbestos at this military base in Montgomery.
• Rock Wool Manufacturing: This wool insulation manufacturer in Leeds exposed workers to asbestos-containing products.

In July 2021, parents and students protested outside Dunbar Magnet School in Mobile, Alabama. They demanded action to remove asbestos and mold. Officials at the school say asbestos was removed from 4 classrooms a year before the protest. Parents say the entire school needs renovation.

Occupations & Industries Known for Asbestos Exposure in Alabama

Companies in Alabama commonly used asbestos fibers. Many jobs in Alabama pose a risk of asbestos exposure. High-risk jobs include the military and construction.

High-Risk Jobs in Alabama

• Aerospace worker
• Construction worker
• Government worker
• Industrial worker
• Metal worker
• Military personnel
• Paper and textile mill worker
• Power plant worker
• Shipyard worker
• Teacher

Alabama is one of the states that hold companies responsible for secondhand asbestos exposure. It’s usually referred to as a “take-home duty.” Alabama courts have held companies liable when families were exposed to asbestos on workers’ clothes.

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