Maryland Mesothelioma Lawyers

How to File a Claim in Maryland

People with an asbestos-related disease in Maryland can file personal injury claims. Those who have lost a loved one because of asbestos exposure may file a wrongful death claim. Working with an experienced asbestos attorney can be critical to the success of your claim.

Key Facts About Filing in Maryland

1. Maryland has what’s known as a contributory negligence law. It says if a plaintiff is found even slightly at fault for their asbestos exposure, it could prevent them from recovering damages in a lawsuit.
2. There is no cap on economic damages like medical bills or lost wages for plaintiffs. But there is a cap on “noneconomic damages” like pain, suffering or physical impairment.
3. Makers of asbestos products can be held liable regardless of whether they acted negligently, as long as the products caused harm. This is because courts in Maryland typically apply strict liability in asbestos exposure cases.

Maryland has strict deadlines for when a lawsuit may be filed, known as the statute of limitations. Your deadline when filing an asbestos lawsuit in Maryland depends on the type of claim and the circumstances. A personal injury claim must be filed within 3 years from diagnosis.

The statute of limitations for a wrongful death claim is 10 years from the date of death or 3 years from when the cause of death is discovered. Your asbestos attorney can assess if there are any exceptions to Maryland’s statute of limitations that may apply in your individual case.

Benefits of Hiring a Mesothelioma Lawyer in Maryland After Asbestos Exposure

A top Maryland mesothelioma lawyer can help you navigate the state’s asbestos litigation laws and procedures. A skilled lawyer with a successful track record of asbestos cases in Maryland can affect your claim.

A Maryland lawyer will be familiar with all rules that concern your asbestos lawsuit. The sooner you file, the sooner you may receive compensation. Compensation can help pay for medical bills and cover lost wages.

Maryland Mesothelioma Law Firms

A top Maryland mesothelioma law firm can help you file a lawsuit. Mesothelioma law firms in Maryland will be familiar with judges and potential jury pools. This can be advantageous for your claim. They’ll also have extensive knowledge about asbestos sites in Maryland and the companies responsible for exposure.

Asbestos lawyers in Maryland will also be familiar with available asbestos trust funds in the state. Manufacturers and other companies responsible for asbestos exposure and declared bankruptcy as a result of extensive litigation established these funds for to compensate those with mesothelioma.

Nationwide Asbestos Law Firms Outside Maryland

You may also choose to work with a national mesothelioma law firm. These firms have nationwide resources to help you build a strong case. They’ll have a history of successfully taking large asbestos companies to court. 

National mesothelioma lawyers can also travel anywhere in the country to meet with clients and answer questions. They understand that clients with mesothelioma may not be able to travel. Most firms won’t charge you for travel expenses to meet for a consultation.

Asbestos Compensation in Maryland

Many asbestos companies have faced mesothelioma lawsuits from Maryland residents. The large number of asbestos cases across the state reflects Maryland’s past, rich in industry, shipbuilding and natural asbestos deposits being mined. Mesothelioma patients and their families have received millions in compensation from settlements and trial verdicts.

Notable Maryland Settlements and Verdicts

• $15.3 million: A 73-year-old shipyard worker from Halethorpe was awarded $15.3 million in 2008. Doctors diagnosed George J. Linkus Sr. with mesothelioma 50 years after he worked at a South Baltimore shipyard in the 1950s.
• $10 million: In 2010, 45-year-old Leroy Conway, Jr., was awarded $10 million after developing mesothelioma. Conway was exposed as a child. His father brought home asbestos on his clothes from work as an engineman on an oil tanker in the 1970s.
• $7.3 million: A Baltimore jury awarded an air conditioning installer $7.3 million in 2019. William Busch, Jr. was exposed to asbestos while working in the boiler room of a high school in the 1970s and developed mesothelioma.

Mesothelioma law firms practicing in Maryland have secured significant compensation for those exposed to asbestos. For example, Simmons Hanly Conroy helped a mechanic and U.S. Army veteran in Glen Burnie, Maryland, obtain $5.3 million. The firm also secured $5.2 million for a La Plata welder.

Every mesothelioma case is different. Settlements can range from $1 million to $2 million. Mesothelioma verdicts typically average higher and can be between $5 million and $11.4 million. The amount of your verdict or settlement depends on many factors. Talk to your attorney about any factors that could affect your claim. 

Maryland Laws That Regulate Asbestos

Several state legislation and federal laws regulate asbestos in Maryland. The Maryland Department of the Environment oversees the state’s asbestos laws, provides licenses for workers and has rules for contractors. These rules have outlined requirements since 1983. 

Maryland Asbestos Laws and Regulations

• Maryland Code Regs. 26.11.21: Covers the control of asbestos, including waste disposal and other regulations: 
• Maryland Code Regs. 26.11.21.08: Covers the disposal of asbestos waste from an asbestos project. 
• Maryland Code Regs. 26.11.21.06: Covers the requirements for working with asbestos, including how to minimize dust. 
• Maryland Code Regs. 26.11.23: Accreditation of individuals and approval of training courses for asbestos work. 
• Maryland Code: Labor and Employment 5-101, et seq.

Asbestos abatement workers must have training ID cards and follow Maryland Occupational Safety and Health guidelines, which align with OSHA regulations. These standards collectively ensure the proper management of asbestos.

Asbestos Exposure in Maryland

Marylanders may have been exposed to asbestos from many sources. Workers in construction sites, steel mills and foundries were exposed. 

Since Maryland has a border along the Atlantic Ocean, it’s also home to a handful of shipyards that contain asbestos. The state also contains more than 20 naturally occurring asbestos deposits, including four areas with a mining history.

Sites in Maryland Known for Asbestos Exposure

• Anchor Packing Company: The company produced asbestos-containing industrial sealing products.
• Bethlehem Steel: The company’s Sparrows Point shipyard was a significant source of asbestos exposure for employees. 
• Curtis Bay Coast Guard Yard: The facility’s barracks were constructed with asbestos shingles on their roofs, and the yard’s salvage lot was used for dumping asbestos debris. The EPA designated the Coast Guard Yard a Superfund site in 2008.
• Fairfield Shipyard: The Baltimore facility used asbestos to construct ships during World War II.
• Patuxent River Naval Air Station: In 2008, an environmental supervisor was sentenced to 60 days in prison after violating the Clean Air Act during an asbestos abatement project.
• Porter Hayden Company: Asbestos-containing insulation was sold and installed from the 1920s until the early 1980s.  

In January 2019, Kenwood High School in Essex, Maryland, closed early when maintenance workers thought they found asbestos-containing materials. The workers found the material in fire doors that weren’t inside the classrooms. They closed off the area and evacuated the school as a safety precaution.

Schools nationwide were built with asbestos construction materials. Those materials must be regularly inspected to ensure they aren’t creating an exposure risk. Sometimes, schools need to close for asbestos abatement projects when asbestos-containing materials are disturbed.

Occupational Asbestos Exposure in Maryland

Many industries across Maryland used asbestos fibers for decades. There are a number of high-risk occupations in the state as a result. 

Baltimore was a thriving shipyard and steel mill city during and after World War II. The town saw many residents working high-risk jobs at power plants, chemical plants and construction companies. 

Higher-Risk Jobs in Maryland

• Automobile mechanics
• Chemical plant workers
• Construction workers
• Flooring installers
• Military service personnel
• Power plant workers
• Roofers
• Sheet metal workers
• Shipyard workers
• Steel mill workers
• Tile installers

In certain circumstances, companies in Maryland can be held responsible for secondary asbestos exposure. This occurs when someone who works with asbestos indirectly exposes someone else to the toxic mineral.

You may file a secondary exposure lawsuit if you can prove the company’s negligence, courts can prove the company owed a duty of care to the individual and you can show the exposure from the company was a substantial factor in causing your illness. Talk to your attorney about the best approach to building your case successfully.

Recommended Reading