New Mexico Mesothelioma Lawyer

Filing a Mesothelioma Claim in New Mexico

To start filing an asbestos claim in New Mexico, gather your medical and work records. Then, contact a lawyer who specializes in mesothelioma lawsuits. They can explain your rights and guide you through the process.   

Key Facts About Filing Claims in New Mexico

1. New Mexico’s statute of limitations sets a deadline to file. You have 3 years from receiving a diagnosis or the loss of a loved one to file a personal injury or wrongful death claim.
2. New Mexico follows a rule called joint and several liability, which lets you recover full compensation for asbestos exposure from any one or more responsible parties. Those parties can then seek repayment from others who also share the blame.
3. New Mexico courts may award punitive damages in addition to regular compensatory damages. This can happen in cases where companies show particularly harmful behavior.   
4. If you receive compensation from an asbestos trust fund, New Mexico law might affect how that money impacts any lawsuit you file. The amount you’ve received from a trust fund could be deducted from a verdict awarded to you.

Top asbestos lawyers in New Mexico know the procedures to file a mesothelioma lawsuit. They know the complexities of asbestos litigation in the state. They’ll handle the legal paperwork and gather evidence to support your claim. 

If needed, they’ll represent you at trial. But settlements are more common than trials in these cases. Make sure to find an attorney who has negotiated mesothelioma settlements. Most mesothelioma claims in New Mexico resolve through a settlement.

How Can Hiring an Asbestos Lawyer in New Mexico Help Me?

Hiring experienced asbestos lawyers in New Mexico can help the success of your case. Asbestos lawsuits have unique rules and timelines that a general personal injury lawyer might not be familiar with. A mesothelioma lawyer in New Mexico knows the state’s specific laws that affect your case. 

A local lawyer will understand how New Mexico’s rules of evidence apply to your case. This includes the types of medical and work records the courts require. They may have experience holding local companies responsible.

A mesothelioma lawyer will manage your case for you. They’ll communicate with the defendants and they’ll fight for fair compensation. This allows you to focus on your health and family while they handle the legal process.

New Mexico Mesothelioma Law Firms 

New Mexico mesothelioma law firms specialize in local asbestos lawsuits. Hiring a mesothelioma lawyer with local knowledge can be very helpful for people filing lawsuits in New Mexico. They know the state courts and the specific rules that apply to asbestos cases there. 

It’s beneficial to hire lawyers who have a history of securing mesothelioma settlements in New Mexico. Their track record shows they understand how to effectively present cases and fight for fair compensation.

Nationwide Asbestos Law Firms Outside New Mexico

If you were exposed to asbestos outside of New Mexico, you might need to file your legal claim in another state. Where the company named as a defendant in your case is headquartered can also impact jurisdiction. More than 50% of asbestos plaintiffs don’t file in the state where they live. 

Hiring a nationwide mesothelioma law firm can be helpful in these situations. These law firms have experience handling asbestos cases across the country. They understand different state laws dictating where you can file your claim. 

A nationwide firm may also have more resources to investigate your exposure history. They’re well-equipped if it happened in multiple states or involved companies located elsewhere. This can increase your chances of receiving fair compensation.

Asbestos Settlements and Verdicts Awarded in New Mexico

New Mexico juries have awarded multimillion-dollar mesothelioma verdicts. But these verdicts aren’t common in the state. Mesothelioma settlements resolve most asbestos cases. In a settlement, both parties agree on a compensation amount instead of going to trial. 

Notable New Mexico Asbestos Verdicts

• $40.6 million: Larry Knecht died of mesothelioma after working with asbestos products in New Mexico for about 30 years. A jury ordered Ford, General Motors, Chrysler and Johns Manville to pay damages in 2018.
• $4.5 million: A jury awarded damages to Daniel Wilson, Sr. in 1998. He developed mesothelioma after using asbestos products in New Mexico power plants. Wilson handled John Crane’s asbestos gaskets and packing.

Mesothelioma compensation aims to cover medical expenses and lost wages, as well as pain and suffering. Jury verdicts can result in significant compensation, but it can take time to resolve the case. Settlements provide quicker financial relief for families. 

Asbestos Regulations and Laws in New Mexico

New Mexico has federal and asbestos state laws to manage its use. These state laws work together with federal legislation to control asbestos. The goal is to make sure people handle asbestos safely and prevent harm. These rules protect both workers and the public from asbestos exposure.

Laws Governing Asbestos in New Mexico

• 20 NMAC 2.78: New Mexico adopted federal asbestos control regulations from the Environmental Protection Agency in 1990. This regulation covers handling, removal and disposal procedures within New Mexico.   
• New Mexico Air Quality Control Act Section 74-2-12, NMSA 1978: This law gives the state the power to create and enforce rules to control air pollution. This includes asbestos fibers released into the air.
• N.M. Admin. Code 20.9.8.12: This law details the proper ways to manage, transport and dispose of asbestos waste in New Mexico.

Several state departments in New Mexico help enforce these regulations. The New Mexico Occupational Health and Safety Bureau enforces rules to protect workers. The New Mexico Environment Department Air Quality Bureau prevents asbestos from polluting the air. 

How Are People Exposed to Asbestos in New Mexico?

People in New Mexico face asbestos exposure at work and in the environment. New Mexico’s capital city and a major Air Force base are known hotspots for exposure. About 16 mining districts in New Mexico say asbestos is in their mines. Many people encountered asbestos products at work in various industries.

Sites Known for Asbestos Exposure

• Four Corners Power Plant: Workers in this power plant handled equipment and insulation that contained asbestos.   
• Kirtland Air Force Base: Military bases used asbestos sealants, paint, insulation and piping. Veterans at this Albuquerque base were at an increased risk for exposure.
• Phelps Dodge Mining: Miners at these sites may have encountered naturally occurring asbestos. They were also around asbestos used in equipment.   
• PNM Resources, Inc.: This energy company used asbestos in its power plants.   
• San Juan Powerhouse: Employees at this power generation facility worked around asbestos materials.   
• Southwest Vermiculite: This Albuquerque site received more than 57,000 tons of vermiculite from another state. It was contaminated with asbestos. The facility processed the ore and created asbestos dust.

Concerns about asbestos exposure in schools have also arisen. Alta Vista Middle School in Carlsbad, New Mexico, has dealt with asbestos in its buildings. Proper management and removal of asbestos can ensure the safety of students and staff.

Exposure can potentially happen when people are outside as a result of airborne fibers from the state’s natural asbestos deposits. The southwestern region has more deposits than the middle of the state. Chrysotile deposits have been found near some of the state’s small cities like Ruidoso. Environmental exposure is less common compared to occupational exposure in New Mexico.

Occupational Asbestos Exposure in New Mexico

Occupational asbestos exposure in New Mexico happened in energy production, manufacturing and industrial jobsites. Industrial companies used asbestos in machinery, boilers, piping and wiring. It was also added to gaskets, brakes, cement and paint. 

Higher-Risk Jobs in New Mexico

• Aircraft mechanics
• Drywall tapers
• Construction workers 
• Electrical power linemen 
• Electrical engineers
• Electricians
• Industrial engineers
• Insulators
• Machinists
• Mechanical engineers
• Miners
• Pipefitters
• Plumbers
• Power plant workers
• Sheet metal workers 
• Teachers

Military exposure also occurred at bases in the state. Family members of asbestos workers were at risk of secondhand exposure. Asbestos fibers brought home on clothing have caused mesothelioma in spouses and children.

Many New Mexico companies used asbestos products that exposed workers. Examples include Columbia Asbestos Company, Owens Corning Fiberglass and Reeves Power Plant. Courts have held New Mexico companies responsible for asbestos exposure. 

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