Montana Mesothelioma Lawyers

Filing a Claim in Montana

For decades, Montana courts have dealt with thousands of asbestos claims pending against dozens of defendants. Most of the claims are the result of an asbestos-contaminated vermiculite mine that operated in Libby, Montana.

Hundreds of the town’s residents have died of asbestos-related diseases, such as mesothelioma, and thousands have been diagnosed.

In November 2017, the Montana Supreme Court established a special Asbestos Claims Court to oversee its backlog of asbestos lawsuits. At the time, more than 500 asbestos lawsuits were pending in Montana courts.

In January 2019, facing thousands of claims, the Montana Supreme Court appointed six additional judges to handle the caseload within the special court.

The state sets time limits for filing a claim known as the statute of limitations. A qualified mesothelioma lawyer can review your case to interpret how these laws impact your claim.

Some veterans in Montana were exposed to asbestos materials on military bases. Those who develop a related disease may file VA claims for benefits, and they may access VA health care in Montana.

You should not rely on any information herein to make a determination about your legal rights. Please speak to an attorney licensed to practice law in your area to best understand your legal options.

Asbestos Exposure in Montana

From 1919 to 1990, operations at an asbestos-contaminated vermiculite mine in Libby, Montana, distributed asbestos dust throughout the town, even spreading into nearby towns. Hundreds of residents have died, and thousands have been diagnosed with asbestos-related diseases.

The site was placed on the U.S. Environmental Protection Agency’s National Priorities List in 2002 because of high levels of asbestos spread throughout the communities of Libby and Troy, Montana, and decontamination efforts began. In 2009, a public health emergency was declared in Libby.

In 2023, W.R. Grace agreed to an $18.5 million settlement to restore damaged lands in and around the Superfund site.

Almost 20 years later, the project is nearing completion. In 2021, the EPA announced yet another segment had been completely restored. The EPA continues to clean and monitor parts of the town for asbestos contamination.

In other areas of the state, workers have been exposed to asbestos products at job sites such as processing plants, lumber yards, paper mills, manufacturing plants, power plants and oil refineries.

Montana Industries Known for Asbestos Exposure

Law Firms Practicing in Montana

Montana courts deal with so many asbestos lawsuits that the state had to create a special court just for asbestos claims.

Residents of Montana with asbestos-related diseases should consider a nationwide mesothelioma law firm because they have success securing compensation with many different types of cases. If your case is unique, they will know the best jurisdiction in which to file your claim.

Approximately 54% of mesothelioma plaintiffs in the U.S. submit their claim in a jurisdiction outside of the state they live in, according to a 2019 KCIC industry report.

One of the benefits of choosing a nationwide firm is that you won’t have to drive to their offices.

Representatives with nationwide firms regularly travel to meet mesothelioma clients across the country. They know mesothelioma patients are coping with debilitating cancer and they make it easier on your family by traveling to you.

It is in your and your family’s best interest to work with one of the nation’s best mesothelioma lawyers who can get the compensation you deserve. In 2022, Weitz & Luxenburg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods Inc. responsible for asbestos exposure.

Holding negligent corporations accountable is what they do best, and they can do it for your family.

Asbestos Compensation Awarded to Montana Workers

In addition to settlements from lawsuits, Montana mesothelioma lawyers are known to recover six-figure payouts from asbestos trust funds.

It is important to work with an attorney who is familiar with the legal steps of filing lawsuits within Montana courts and claims with asbestos trust funds.

Montana Asbestos Laws and Regulations

A combination of federal and state laws regulates asbestos throughout Montana.

Regulations Governing Asbestos in Montana

Departments Overseeing Montana’s Asbestos Laws

Montana Laws Affecting Asbestos Lawsuits

Asbestos Litigation Trends in Montana

In addition to establishing the special Asbestos Claims Court, Montana lawmakers and state courts have enforced certain rules and procedures to manage asbestos claims.

Comparative Negligence

In Montana, a plaintiff asking for compensation in a lawsuit has to be less responsible for the injury than the company that allegedly caused the accident.

51% Bar Rule

Montana is among several states that bar a plaintiff from recovery if they are 51% or more at fault for the injury. A plaintiff can recover if they are 50% or less at fault, but the recovery is reduced by the degree of fault.

Court Exposure Standard

Montana plaintiffs are required to link the patient’s illness to an asbestos defendant’s product or conduct. For example, plaintiffs must present evidence of their asbestos exposure and evidence linking it to a diagnosis of an asbestos-related disease.