North Dakota Mesothelioma Lawyer

Filing a Mesothelioma Claim in North Dakota

An experienced North Dakota mesothelioma lawyer can help you seek compensation if you developed mesothelioma from asbestos exposure. They know the state’s laws and deadlines and will make sure your claim is filed correctly. If you have mesothelioma, a lawyer can determine if you’re eligible to file a personal injury lawsuit. If a loved one exposed to asbestos has passed away, your family may be able to file a wrongful death claim.

Asbestos lawsuits are less common in North Dakota and strict laws can make filing harder, underscoring the importance of working with a North Dakota mesothelioma lawyer. A 2021 law requires people to show evidence against each company they sue making it critical to work with someone skilled in gathering evidence and building strong cases.

Key Facts About Filing an Asbestos Claim in North Dakota

1. The statute of limitations for filing a personal injury lawsuit in North Dakota is 3 years from the date of diagnosis. 
2. Family members have 3 years from the date of death to file a wrongful death claim.
3. You must inform the court about any asbestos trust fund claims you’ve filed or plan to file at least 120 days before your trial. This includes the names of the trust funds, the amounts you requested, and any payments you’ve already received.

An experienced North Dakota mesothelioma lawyer can help you and your family understand the best options for your claim. Talking to a lawyer early can speed up the process and improve your chances of getting compensation. A skilled law firm can build a stronger mesothelioma lawsuit and guide you through each step.

Why Hire an Asbestos Lawyer in North Dakota?

Choosing a skilled mesothelioma lawyer in North Dakota gives you access to legal experts who understand the state’s asbestos laws, court rules and filing deadlines. This experience can help your case move forward smoothly and improve your chances of getting compensation. Ask the law firm about their experience helping people with mesothelioma.

Helpful questions to ask include: How many mesothelioma cases have you handled? What types of verdicts or settlements have you secured? Their answers can help you decide if the mesothelioma lawyer is a good fit for your goals.

North Dakota Mesothelioma Law Firms

North Dakota mesothelioma law firms understand the state’s asbestos laws and court process. A firm familiar with local judges and jury trends can offer valuable insight to help shape a strong legal strategy.

Local lawyers likely know the common asbestos exposure sites in North Dakota and the companies responsible well. That knowledge can help them gather strong evidence for your case. North Dakota law firms are properly licensed to file your case efficiently and without delays.

Nationwide Asbestos Law Firms Outside North Dakota

Many people in North Dakota choose national asbestos law firms because of their resources and experience. These firms have a strong record of success in mesothelioma cases and understand how to take on large companies.

National firms often have access to skilled investigators, detailed exposure records and medical experts who can connect your diagnosis to asbestos. They can also help you file in other jurisdictions if you lived or worked in more than one state, which is common in mesothelioma cases.

Top national firms offer free first meetings and will travel to you. Their experience and flexibility make it easier for you to focus on treatment while they manage your case.

Asbestos Settlements and Verdicts Awarded in North Dakota

People in North Dakota have received millions of dollars in mesothelioma compensation. The amount you may receive depends on how much asbestos you were exposed to, how long the exposure lasted and how responsible each company was for your illness.

Settlements usually range from $1 million to $2 million, and the average trial verdict in the U.S. is about $20.7 million. Talk with your experienced North Dakota lawyer about the details of your case, because they can affect how much money you may receive.

Regulating Asbestos in North Dakota

The North Dakota Department of Environmental Quality manages most state level asbestos rules. Cities and towns can also make their own laws, but they must be at least as strict as the federal rules for asbestos.

These laws apply to demolishing buildings, renovating older ones and removing asbestos materials. Key rules require inspections before work begins, certified workers for asbestos removal and proper disposal at approved landfills. Companies that break these laws can be fined up to $10,000 for each day of noncompliance.

North Dakota Asbestos Laws and Regulations 

• Chapter 33.1-15-13 of the North Dakota Administrative Code: This includes rules and emission standards for asbestos mills, roads, manufacturing, demolition, renovation, spraying, fabrication, insulation materials and waste disposal.
• NDCC Title 32, Chapter 32-46.1: This chapter deals with civil actions involving asbestos, specifically focusing on requirements for plaintiffs and defendants in asbestos-related lawsuits.
• NDCC Title 32, Chapter 32-46.2: This chapter also covers civil actions involving asbestos, including requirements for prima facie evidence of impairment due to asbestos exposure.
• Title 32, Chapter 32-46.1 and Chapter 32-46.2 of the North Dakota Century Code: These regulations cover emission standards, civil actions involving asbestos and asbestos-related liability of successors.

The North Dakota Department of Environmental Quality enforces these regulations, aligning with federal standards the Environmental Protection Agency and the Occupational Safety and Health Administration have set. These rules help protect workers and the public from the dangers of asbestos.

Asbestos Exposure in North Dakota

With a small state population and limited industrial sites, North Dakota has a low asbestos-related death rate. There are potential risks from natural asbestos deposits, job sites where asbestos products were used and older buildings that contain legacy asbestos materials.

Sites in North Dakota Known for Asbestos Exposure

• BP Amoco Oil Refinery: The facility in Mandan is likely to have exposed workers to asbestos. Oil refineries used asbestos to insulate machinery and equipment from extreme heat.
• Grand Forks Air Force Base: Asbestos was used in various structures and facilities on the base. 
• Minot Flooding: In the summer of 2011, agencies warned Minot-area homeowners about the risk of asbestos exposure after severe flooding damaged thousands of homes and more than 11,000 people were evacuated. Many of these homes likely contained asbestos products used in construction materials like attic insulation. 
• Power Stations: The Milton R. Young Station, Stanton Power Station, Coyote Station, United Power, Northern States Power Company, Grand Forks Gas and Electric Company power stations have a history of asbestos exposure. Power plant workers are at a higher risk of being exposed since the material was used to insulate the machinery.
• Robinson Insulation Plant: The Minot plant exposed workers and nearby residents to asbestos from 1967 to 1983 through more than 16,000 tons of contaminated vermiculite. Some of the asbestos came from Libby, Montana, and much of it also went to other cities in North Dakota.
• Selfridge Abandoned Buildings Site: The EPA has been involved in cleaning up asbestos at this site, which includes abandoned and vandalized buildings.

Many older buildings in North Dakota may still have legacy asbestos. Builders used asbestos products in walls, floors, ceiling and insulation. Most schools built before the 1980s likely still contain asbestos materials.

Occupational Asbestos Exposure in North Dakota

Many occupations in North Dakota resulted in asbestos exposure while on the job. Higher-risk job sites in the state include power plants, oil refineries, military bases and insulation plants. Jobs like construction, maintenance and factory work often involved handling asbestos materials.

Higher-Risk Jobs in North Dakota

• Agricultural workers and farmers
• Construction workers
• Industrial plant workers
• Insulators
• Maintenance workers
• Military member
• Oil refinery workers
• Power generation workers

In North Dakota, it can be difficult to hold companies responsible for secondhand asbestos exposure. Courts usually don’t allow these “take-home” cases unless the person filing the claim proves the company had a duty to protect their family, the risk was clear or there was a special relationship between the defendant and a family member. Secondhand exposure happens when a worker brings toxic asbestos dust home on their clothes, skin or hair, and a family member breathes it in.

Recommended Reading