Kentucky Mesothelioma Lawyers

How Do I File a Mesothelioma Claim in Kentucky?

Talking to a lawyer with experience successfully handling asbestos cases is a helpful way for people with mesothelioma to begin the process of filing a claim in Kentucky. They’ll guide you through the steps and help you gather the necessary information. 

Key Facts About Filing Claims in Kentucky

1. Kentucky sets time limits for filing asbestos claims called statutes of limitations. The statute of limitations for personal injury claims is 1 year from diagnosis. 
2. The statute of limitations is 1 year from the loss of a loved one to file wrongful death claims in Kentucky.  
3. Kentucky laws address how courts handle punitive damages in asbestos cases. The state has no set limit and allows juries to decide the amount.
4. If you get money from an asbestos trust fund, it can affect your court claim in Kentucky. 

Kentucky asbestos lawyers can also help people file claims with asbestos trust funds. Companies that declared bankruptcy set aside these funds to address future asbestos claims. Some states, like Kentucky, have what are called setoffs, or reductions in compensation as a result of other payments. Your attorney can explain if setoffs may impact your claim.

Experienced asbestos lawyers can help you file a mesothelioma lawsuit. They understand the complex rules that apply to asbestos lawsuits in Kentucky. Top asbestos attorneys work to make the process easier for you and your family.

Benefits of Hiring a Mesothelioma Lawyer in Kentucky After Asbestos Exposure

Hiring a mesothelioma lawyer in Kentucky can help you understand your options for compensation. They know the state’s laws and how they apply to asbestos cases. You should find a lawyer who specializes in mesothelioma and asbestos lawsuits. They understand the unique challenges your claim may face in Kentucky.

It’s important for your Kentucky lawyer to be knowledgeable about the state’s statute of limitations. This law sets the time limit for filing a lawsuit. For example, residents of Kentucky have a 1-year statute of limitations to file asbestos claims. Most states allow 2 years. A local lawyer will make sure you file your claim on time. 

Kentucky Mesothelioma Law Firms

Kentucky mesothelioma law firms know the state’s laws and how to handle claims. These firms help people understand their legal options. Lawyers with records of success understand the local courts. They apply their experience to get the best possible outcome for their clients.

Some Kentucky residents may have other options regarding the courts that try their case. The legal doctrine known as “removal of jurisdiction” allows for a lawsuit to be moved from the state court to Kentucky’s federal district court. This action can help plaintiffs have their case tried in a jurisdiction that’s still physically in Kentucky that doesn’t favor defendants as often as the state court does.

Nationwide Asbestos Law Firms Outside Kentucky

Kentucky residents may also consider hiring a nationwide mesothelioma law firm. If your asbestos exposure happened in another state or the company responsible for your exposure has its headquarters elsewhere, you may need to file there. Nationwide asbestos law firms handle cases across the country.

A nationwide mesothelioma law firm has experience with cases in many states. They understand the different laws and rules. They help you file your claim in the right place. At least 50% of asbestos plaintiffs in the U.S. file lawsuits in another state. This data comes from a 2019 KCIC industry report. 

Asbestos Settlements and Verdicts Awarded in Kentucky

Multimillion-dollar mesothelioma verdicts aren’t as common in Kentucky as in some other states, but people still receive compensation. Cases often result in a mesothelioma settlement.

Notable Settlements and Verdicts in Kentucky

• $32 million: Kentucky resident Ronald Dummitt was exposed to asbestos while serving 18 years in the U.S. Navy. Dummitt was a boiler tender and replaced parts on ship boilers. Many of the parts, including gaskets and lagging pads, contained asbestos. Dummitt developed mesothelioma and filed suit against Crane Co., which made valves. Elliott Turbomachinery, which manufactured de-aerating feed tanks, was also a defendant. The case was tried outside the state of Kentucky. The jury found Crane 99% liable and Elliot Turbomachinery 1% liable.
• $5.65 million: Flora Franklin received a mesothelioma diagnosis and filed suit against several asbestos product manufacturers. A 3-week trial ensued against the defendants, which included Vanderbilt, General Motors, Ford Motor and Pneumo Abex. During the trial, General Motors and Pneumo Abex decided to settle with Franklin out of court. The Kentucky jury allocated 70% fault to Vanderbilt and awarded damages to Franklin. 

Kentucky’s courts have a history of ruling in favor of asbestos manufacturers, and the state’s laws tend to favor corporate defendants. While many asbestos lawsuits in Kentucky are settled out of court, few make it to trial. The ones that do go to trial tend to end in favor of defendants, though this isn’t always the case.

Asbestos Regulations and Laws in Kentucky

Kentucky has state laws to regulate asbestos and follows federal legislation. These laws aim to protect people from asbestos exposure. They also include rules for handling asbestos removal safely.

Laws Governing Asbestos in Kentucky

• Kentucky Asbestos Accreditation Program: The laws governing this state program sets rules for training and licensing asbestos professionals.   
• Kentucky Revised Statutes Chapter 338: This section sets forth the state’s occupational safety and health standards for asbestos.   

Certain state departments help enforce asbestos regulations They include the Kentucky Department for Environmental Protection, Louisville Air Pollution Control District and the Kentucky Labor Cabinet. They work to keep residents safe from asbestos exposure. 

Asbestos Exposure in Kentucky

Although there are no known naturally occurring asbestos deposits in Kentucky, mining, metal works and construction industries exposed Kentucky residents to asbestos. Asbestos exposure most commonly happens at work sites.

Sites Known for Asbestos Exposure

• Fort Campbell and Fort Knox: Military asbestos exposure took place at both Fort Campbell and Fort Knox. 
• Georgetown College: Students living in Knight Hall at Georgetown College returned to school after the holidays in January 2011 to find a steam pipe leaking inside a hard ceiling. The dean of students later confirmed the ceiling contained asbestos and arranged for abatement. The school didn’t evacuate the hall. 
• Givaudan Sense Colour Facility: An explosion in 2024 at this facility in Louisville generated concerns about toxic exposure to asbestos.
• Highland Middle School: Highland Middle School in Louisville closed off a portion of its building after carpentry work may have exposed asbestos materials in October 2018. The work possibly released asbestos into the principal’s conference room. The school followed federal guidelines to safely respond to the exposure threat.
• Several power plants: These facilities were significant sources of asbestos exposure in the state. Examples include Louisa Power (Big Sandy Power), Ghent Powerhouse and the Big Rivers Electric Corporation plants.   

Legacy asbestos in public buildings can also pose a risk. Concerns about asbestos exposure in schools is a big concern. Schools built before the 1980s often contain asbestos products. Kentucky schools are monitored and inspected for deteriorating asbestos products. Occasionally, schools are shut down to conduct asbestos removal projects.

Asbestos Exposure at Work in Kentucky

Many workers in Kentucky faced occupational exposure to asbestos in construction, manufacturing and power generation. Military personnel were also exposed on bases in Kentucky.   

Higher-Risk Jobs in Kentucky

• Chemical plant workers
• Construction workers
• Military personnel
• Miners
• Plumbers
• Power generation workers
• Railroad workers
• Sheet metal workers
• Teachers

Families can also be exposed through secondhand asbestos exposure. This occurs when someone accidentally brings asbestos fibers home from work on their clothing. Loved ones can be exposed when hugging or doing laundry and handling work clothes, for example.

Companies that made and used asbestos products have been held responsible for exposing Kentucky workers. These companies knew the dangers of asbestos but used it regardless. Examples in Kentucky include Alcoa Aluminum, Louisville Chemical Plant and Illinois Central Railroad.

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