South Dakota Mesothelioma Lawyer

Filing an Asbestos Claim in South Dakota

South Dakota residents and their families have several legal options for financial assistance to cover expenses related to asbestos-related diseases like mesothelioma and lung cancer. You may file a workers’ compensation claim, a lawsuit or an asbestos trust fund claim. The amount of compensation you receive depends on your unique situation.

Key Facts About Filing in South Dakota 

1. You have 3 years from the date your doctor diagnoses you to file a personal injury lawsuit in South Dakota.
2. People have 3 years from the loss of a loved one to file a wrongful death lawsuit.
3. Sometimes South Dakota courts determine a plaintiff is partially responsible for their asbestos exposure. Those found less than 50% responsible can still receive compensation, but their determined percentage of responsibility will affect the amount they’ll receive.
4. There’s no cap on compensation for medical bills, lost wages or other economic losses. South Dakota also allows full payment for pain, suffering and other non-economic damages in asbestos cases.

An experienced South Dakota asbestos lawyer understands the state’s laws. They’ll guide you through filing a mesothelioma lawsuit. They can look at your case, explain your options and help you find the best path forward based on your situation.

Why Hire a South Dakota Mesothelioma Lawyer After Asbestos Exposure?

Hiring an experienced South Dakota asbestos lawyer who understands the challenges of mesothelioma and has handled cases like yours can improve your chances of a good outcome. For example, experienced negotiators know what’s needed to secure a favorable asbestos settlement for you when dealing with defendants. These lawyers know the state laws that can affect your case.

You should talk to an asbestos lawyer as soon as you can. The sooner you file, the sooner you may get compensation. This money can help you pay for medical bills and replace lost wages.

South Dakota Mesothelioma Law Firms

Working with an experienced South Dakota mesothelioma law firm can help your case. Local lawyers know the jobs and places in the state where people face asbestos risks.

They also understand the local courts, judges and jury pools, which can make handling your case smoother. South Dakota law firms are licensed in the state, so they can work on your case quickly and efficiently.

Nationwide Asbestos Law Firms Outside South Dakota

Many people find it helpful to work with a national asbestos law firm. These firms help mesothelioma patients and their families in South Dakota navigate the legal process with expert guidance. They also have experience handling asbestos cases in every state.

Some South Dakota residents may need to file in another state. For example, if their asbestos exposure happened in another state or the responsible company is based outside South Dakota. 

Asbestos Compensation in South Dakota

South Dakota has a history of large asbestos settlements for people who faced exposure. Some cases have led to millions of dollars in compensation for those diagnosed with mesothelioma or other asbestos-related diseases.

Mesothelioma settlements in the U.S. usually range from $1 million to $2 million. The national average trial verdicts in asbestos cases is $20.7 million. Since every case is different, you should talk to an experienced asbestos lawyer to understand your options.

South Dakota Asbestos Laws and Regulations

In South Dakota, the Department of Agriculture and Natural Resources takes care of asbestos rules. The Air Quality and Waste Management programs in DANR handle how people manage, remove and get rid of asbestos materials during building work or demolition. They make sure everyone follows state laws and federal safety standards.

South Dakota Asbestos Laws and Regulations

• South Dakota Administrative Rules Article 74:31:01-74:31:06: South Dakota asbestos control program.
• South Dakota Administrative Rules Article 74:36:08:02: Defines emissions standards for asbestos air pollutants.
• South Dakota Codified Law 34-44-3: Rules establishing an asbestos abatement training program.
• South Dakota Codified Law 34-44-6: Responsibility of asbestos contractor for handling of asbestos material.
• South Dakota Codified Law 34-44-7: Only certified asbestos contractors can be employed by building owners and operators.
• South Dakota Codified Law 34-44-8: Building owners must specify whether asbestos-containing materials are present in bid documents.

Understanding and following South Dakota’s asbestos laws helps protect workers, residents and the environment from harmful asbestos exposure. If you plan to renovate or demolish a building, make sure to work with certified contractors and follow state and federal laws closely.

How Are People Exposed to Asbestos in South Dakota?

There are natural asbestos deposits in the western part of the state, near South Dakota’s border with Wyoming. A group of asbestos deposits lies just south of Mount Rushmore, near places like the Homestake Gold Mine, Iron Mountain and Jewell Cave National Monument. People are at risk of inhaling asbestos when the ground is disturbed and fibers become airborne.

Asbestos-containing products were also used heavily in the military, industrial facilities and construction materials for its heat resistance and strength. While they began to be phased out in the 1980s, many legacy or older asbestos products remain. And the impact of past exposure can take 20 to 60 years to appear, as mesothelioma has a particularly long latency period.

List Title: Sites in South Dakota Known for Asbestos Exposure

• Aberdeen Light and Power Company: The Aberdeen site exposed power plant workers to asbestos. The toxic mineral was widely used in power plants for insulation and other components. 
• Ellsworth Air Force Base: Asbestos was used in buildings, weapons, vehicles and housing at the base near Box Elder. Many military bases across the country had asbestos, which put service members and their families at risk of exposure. 
• Homestake Gold Mine: Some of the rock in the Lead, South Dakota mine contained asbestos. Workers also used asbestos products during construction and mining. The mine contained a type of amphibole asbestos. 

The EPA awarded $3 million to clean up asbestos and other hazards from sites in South Dakota. Asbestos remains at the Sanford Underground Research Facility, which now occupies the former Homestake Gold Mine. Asbestos has also been found in historic buildings at Fort Sisseton Historic State Park, a frontier army outpost from 1864. A former quarry lake and former landfills are also part of the efforts. Cleanup will include environmental assessments and removal.

Many older schools and other public buildings in South Dakota still have materials that contain asbestos. Older homes may also contain legacy products like asbestos flooring, insulation and cement. These materials can become dangerous through wear and tear over time or when damaged.

Occupations & Industries Known for Asbestos Exposure in South Dakota

Occupations like construction, military service and firefighting have higher risks of asbestos exposure. Installing, working with or managing burning or damaged asbestos products increases the chances of breathing in asbestos fibers. Mining involved considerable risk as miners could encounter raw asbestos within the earth. 

Higher-Risk Jobs in South Dakota

• Construction workers
• First responders
• Industrial engineers
• Insulation contractors
• Mechanics
• Military personnel
• Power plant workers
• Teachers

Some people in South Dakota also developed asbestos-related diseases from secondary exposure. This happens when someone who works with asbestos brings home fibers on their clothes, skin or hair. Family members who breathe in these fibers can get sick over time. South Dakota courts may hold companies responsible for secondhand asbestos exposure in certain cases.

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