Oregon Mesothelioma Lawyers

Filing a Mesothelioma Claim in Oregon

Courts in Oregon have ruled in favor of asbestos plaintiffs in several high-profile cases, which has resulted in substantial multimillion-dollar verdicts for families facing a mesothelioma diagnosis. Oregon has implemented several laws and legal standards that have been interpreted as not requiring extensive burdens of proof on the injured party.

Oregon workers diagnosed with mesothelioma may be eligible to file a personal injury claim, and family members who lost a loved one may qualify to file a wrongful death claim. Workers were occupationally exposed to asbestos in small and large cities in Oregon, including Portland, Salem, Eugene, Corvallis, Springfield, Bend and Beaverton.

Veterans of the U.S. armed forces were exposed to asbestos on military bases in Oregon, including Kingsley Field, Umatilla Army Depot and AIRSTA North Bend Coast Guard base.

In Oregon, the statute of limitations to file an asbestos claim is two years for both personal injury claims and wrongful death claims. An Oregon mesothelioma attorney licensed to practice in the state and throughout the U.S. can file your claim in the best jurisdiction for your case.

Asbestos Exposure in Oregon

Oregon residents have been exposed to asbestos in the environment and in the workplace. Residents have faced environmental exposure from three asbestos mines, including the Mount Vernon deposit in Grant County, the Raspberry Creek deposit in Jackson County and the L.E.J. Asbestos mine in Josephine County. The state is home to nine other asbestos deposits that were never commercially mined.

Occupationally, workers have been exposed to asbestos in Oregon shipyards, mills, mines, factories, power plants and on farms. Maintenance workers who repaired asbestos-containing equipment in these industries often faced the greatest levels of asbestos exposure.

Asbestos Law Firms Practicing in Oregon

If you’re an Oregon resident diagnosed with an asbestos-related disease, you should consider a national mesothelioma law firm for your mesothelioma claim.

National firms are licensed to practice throughout the U.S., which means they can advise you on the best states and jurisdictions in which to file your asbestos claim to receive the most compensation. In 2022, Weitz & Luxenburg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods, Inc. responsible for asbestos exposure.

A benefit of working with a national asbestos law firm is its ability to travel to you. You can interview attorneys working at national firms from the comfort of your own home to determine which firm is the best suited to handle your claim.

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.

Notable Asbestos Verdicts Awarded to Oregon Workers

Oregon Asbestos Laws and Regulations

State and federal laws regulate asbestos in Oregon to prevent environmental and occupational exposure among residents.

Oregon’s Department of Environmental Quality manages the state’s asbestos laws and abatement licensing. It takes a strong stance that there is no safe level of asbestos exposure. The Oregon Occupational Safety and Health Administration enforces exposure limits to protect Oregon workers from asbestos exposure in the workplace. The Lane Regional Air Protection Agency oversees asbestos removal projects in Lane County, Oregon.

Asbestos Litigation Trends in Oregon

Oregon has a modified comparative negligence law that states plaintiffs in personal injury claims can only recover compensation if the defendant is found at least 49% at fault. Additionally, when the plaintiff is found partially responsible, the percentage of their responsibility will be subtracted from the verdict amount.

In the 2016 case McKenzie v. A.W. Chesterton Co., the Oregon Court of Appeals departed from most other states when it ruled the “bare metal” defense is not applicable under Oregon law. With the bare metal defense, a company whose product does not contain asbestos is not liable for injuries caused by replacement parts containing asbestos. This defense no longer applies in Oregon, and the state may see an uptick in similar asbestos claims moving forward as a result of the ruling.

Oregon courts have decided to take California’s approach to an asbestos exposure standard rather than use the Lohrmann test that is common in other states. The Lohrmann test requires plaintiffs to prove the regularity, proximity and frequency of use of an asbestos product when claiming it was a substantial factor in causing their disease. In California, plaintiffs still are required to prove an asbestos product was a significant factor in their disease, but they don’t have to provide evidence of the regularity, proximity and frequency of use.

Courts in Oregon have placed limits on whether a defendant may be held liable for asbestos injuries if the defendant was a contractor that did not manufacture asbestos products, but installed asbestos products according to plans or specifications prepared by a project owner. However, a claim can be filed against a contractor that substitutes asbestos products on a project that did not call for their use.

An Oregon mesothelioma lawyer has the expertise to advise whether these laws may affect your claim. Make sure to find a national mesothelioma firm licensed to practice in Oregon to handle your case.