West Virginia Mesothelioma Lawyer

How to Find and Choose a West Virginia Mesothelioma Lawyer

Finding the right mesothelioma lawyer involves seeking someone with experience in West Virginia asbestos cases and a proven track record of successful outcomes. Begin by checking how many mesothelioma cases the attorney has handled and their success in securing compensation. Look for law firms that understand West Virginia’s laws and the local court system. It’s also important to choose a lawyer who offers clear communication, compassionate support and no upfront fees, so you can focus on your health while they pursue your case.

West Virginia is a top state for asbestos exposure and mesothelioma claims, with Kanawha County ranked No. 9 in the nation for asbestos lawsuit filings and No. 7 for asbestos-related lung cancer filings, according to KCIC. This high volume reflects the state’s heavy industrial history and widespread asbestos use in workplaces like coal mines, power plants and manufacturing facilities. West Virginia’s asbestos history underscores the urgent need for residents to select only experienced attorneys to handle their cases.

Many respected law firms serve West Virginia clients, including nationwide firms that regularly meet with residents. Firms such as Simmons Hanly Conroy and Weitz & Luxenberg have helped families win significant settlements and verdicts. These firms bring the resources needed to handle complex cases and protect your rights, no matter where you live in the state. Local attorneys are familiar with West Virginia’s specific laws and court procedures, including the 2-year deadline to file claims after diagnosis or a loved one’s passing. Your lawyer will guide you through filing a personal injury lawsuit, wrongful death claim or asbestos trust fund claim.

Weitz & Luxenberg

• $8.5 Billion Recovered
• Serves Clients Nationwide
• Rated #1 by U.S. News & World Report for 2022

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Simmons Hanly Conroy

• $8.9 Billion Recovered
• Serves Clients Nationwide
• Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report

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Nemeroff Law

• $500 Million Recovered
• Serves Clients Nationwide
• Rated a “Hall of Fame” law firm by The Legal 500

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Compensation From Asbestos Filings in West Virginia 

The following verdicts represent some of the highest verdicts awarded to mesothelioma plaintiffs in West Virginia courts. However, most mesothelioma claims are settled before trial. In February 2024, a total of 40 asbestos cases consolidated in a West Virginia circuit court settled days before the scheduled trial. 

According to a 2024 KCIC report, Kanawha had the most defendants named on asbestos complaints, with an average of 175 defendants for each lawsuit. For comparison, it had 156 defendants per lawsuit in 2023.

Notable Asbestos Settlements and Verdicts

• $6.4 Million: In 2002, a West Virginia jury awarded $6.4 million in damages to the family of Leonard Cox, who died of mesothelioma after secondary exposure. His father, who died of asbestosis, installed asbestos insulation at DuPont’s chemical plant in Belle. It remains the highest asbestos verdict ever awarded in the state.
• $3.64 Million: Awarded in a settlement in a secondhand asbestos exposure case to a person in Burlington. 
• $2.99 Million: Awarded to a mining company worker in Logan diagnosed with mesothelioma. 

Generally, out-of-court settlement amounts are less than verdict awards, and they’re kept confidential. Experienced asbestos lawyers are known to secure mesothelioma settlements worth more than $1 million for their clients.

They’re also known to recover 6-figure mesothelioma compensation from asbestos trust funds. A West Virginia mesothelioma attorney can help you file both types of claims in the state without violating laws that promote transparency in asbestos litigation.

Find a Mesothelioma Attorney in West Virginia

Get help finding an attorney who knows the process and can get you and your family the compensation you deserve.

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How Does an Asbestos Lawyer Handle Your Claim in West Virginia 

A West Virginia asbestos lawyer manages your claim from start to finish. They make the process easier while fighting for the compensation you deserve.

Steps to a Mesothelioma Claim

1. Confirm diagnosis and review medical records.
2. Investigate work history and exposure sites.
3. File claims with asbestos trust funds and/or lawsuits in West Virginia Circuit Court.
4. Handle paperwork, legal deadlines, and court representation.
5. Negotiate settlements or prepare for trial if needed.
6. Collaborate with medical and legal experts to strengthen your case.

Throughout the process, your lawyer keeps you informed and handles all legal details. Many West Virginia residents receive financial compensation that covers medical bills, lost income and other losses. With experienced legal help, you don’t have to face the challenges of mesothelioma alone.

Asbestos Exposure in West Virginia

Often, asbestos exposure in West Virginia happens through contaminated products in workplaces. Residents who worked in construction, power generation, logging, mining, coal refineries and manufacturing were at risk of asbestos exposure on the job.

Asbestos building materials in schools have also presented a risk for decades. In 2017, abating asbestos paint was the last step required before opening Ceredo-Kenova Elementary School. In 2011, contractors found asbestos under the floor tiles in Clay County’s Lizemore Elementary School. The 59-year-old school received an inspection in the 1980s. Workers covered over asbestos rather than removing it. 

Sites Known for Asbestos Exposure

• ACME Cabin Creek Consolidated Coal Co. 
• Allegheny Energy Supply
• Dominion Virginia Power
• Elkem Metals
• Monongahela Power Company
• Norfolk Southern Railway
• Putnam Coal Mines
• Weirton Steel
• West Virginia Southern Coal Co.
• Wheeling Pittsburgh Steel

With 117 coal seams in West Virginia, the state’s most notable asbestos threat was its mining industry. Asbestos products on mining equipment posed the most significant threat. Brake linings, welding blankets, pipe insulation and transit panels from mines contained asbestos.

Kanawha County, Cabell County and Putnam County have had the highest incidences of asbestos deaths for decades. These counties were home to some of the state’s most prosperous coal mines.

West Virginia’s Most Well-Known Exposure Site: Weirton Steel

Weirton Steel in West Virginia was a major steel mill where many workers were exposed to asbestos used for insulating boilers, furnaces and machinery. Asbestos fibers became airborne during equipment maintenance and repair, putting workers at risk for diseases like mesothelioma and lung cancer. Employees in various roles, including pipefitters, boilermakers and maintenance crews, faced significant exposure over decades. The toxic asbestos dust also contaminated protective clothing, increasing risks even outside work areas. Despite regulations later limiting asbestos use, the health impact on Weirton Steel workers remains a serious concern, with many filing lawsuits for asbestos-related illnesses linked to their employment at the mill.​

Occupational Asbestos Exposure in West Virginia

Most asbestos exposure in West Virginia has been occupational exposure. Workers in West Virginia have been exposed in coal mines, refineries, manufacturing plants, chemical plants and power generation. 

Veterans experienced military exposure on bases in West Virginia as well. Many workers who used asbestos products unknowingly brought asbestos fibers home, which led to secondary asbestos exposure among family members.

Jobs That Exposed Workers to Asbestos

• Construction worker
• Manufacturing plant worker
• Metalwork
• Military service
• Miner
• Oil refinery worker
• Power plant worker
• Railway worker
• Shipbuilder

Union Carbide owned many West Virginia mines. Many workers have filed lawsuits against the company in connection with asbestos exposure. West Virginians also sued Norfolk Southern Railway and Gordon Gasket and Packing over asbestos exposure.

How Your Lawyer Supports You in West Virginia’s Changing Asbestos Litigation

West Virginia’s asbestos litigation is dynamic, with recent court orders and legislation influencing how cases are handled. Skilled lawyers stay ahead of these changes to protect your claim. They track updated deadlines, manage evolving evidence rules and adapt filing strategies to meet new court requirements.

West Virginia Legislative Changes

• Asbestos and Silica Claims Priorities Act or House Bill 2495: Passed in 2021, the law requires detailed medical reports, sworn disclosure forms and individual filing of asbestos cases rather than class actions. This West Virginia law allows defendants to challenge the adequacy of evidence before trial and can result in dismissal if plaintiffs fail to meet disclosure requirements. These legislative changes aim to reduce frivolous claims, ensure transparency and streamline asbestos litigation in West Virginia
• Asbestos Bankruptcy Trust Claims Transparency Act or SB 411: The law requires plaintiffs to disclose any asbestos bankruptcy trust claims to prevent duplicate recoveries. 
• House Bill 2002: Effective in 2015, this law replaced the traditional joint and several liability approach with an allocation of damages proportionally based on each defendant’s percentage of fault. Once a plaintiff’s fault exceeds 50%, they cannot recover damages. The law also allows courts to reconsider fault allocations if some responsible parties are insolvent, and it mandates that asbestos claims be handled individually rather than in groups or class actions.

Your lawyer monitors all these developments, ensuring your claim meets legal standards. They negotiate effectively with defendants and advocate vigorously in court to maximize your compensation. With their support, you can face the complexities of asbestos litigation in West Virginia with confidence.