Indiana Mesothelioma Lawyers

How Do I File a Claim in Indiana?

Filing an asbestos claim in Indiana can be a complicated process. But a top Indiana mesothelioma lawyer can manage the process for you. They’ll help you collect the documentation you need and manage each step of your case.

People exposed to asbestos in Indiana who have developed mesothelioma or other asbestos-related diseases may file a personal injury lawsuit or asbestos trust fund claim. Family members who’ve lost loved ones may file wrongful death claims. 

Key Facts About Filing in Indiana

1. People have 2 years from the time of their diagnosis to file a claim.
2. People can file separate lawsuits if they develop a second asbestos-related disease later thanks to Indiana’s 2-disease rule.
3. There are no caps on compensatory damages for asbestos cases.
4. Punitive damages are capped at more than $50,000 or 3 times the compensatory damages.

The Indiana Supreme Court modified the statute of limitations statewide in 2016. Previously the statute limited filings to within 10 years of asbestos exposure. Now, those diagnosed with mesothelioma or other  asbestos-related diseases can file a claim within 2 years of their diagnosis. Symptoms of asbestos-related diseases like mesothelioma typically take 20 to 60 years to develop.

Why Should I Hire an Indiana Asbestos Lawyer?

Complexities of asbestos litigation in Indiana include the state’s rule regarding percentages of fault. This is known as the “modified comparative fault rule.” If the plaintiff is found to be 51% or more at fault for their asbestos-related injuries, they cannot recover damages. 

This underscores the importance of working with an Indiana asbestos lawyer familiar with litigation in the state. A law firm with experience in Indiana can effectively manage your mesothelioma claim. 

Indiana Mesothelioma Law Firms

Working with an experienced mesothelioma attorney in Indiana can affect the outcome of your claim. Your lawyer should have a successful track record regarding asbestos cases across the state. A skilled mesothelioma attorney will be able to better navigate Indiana’s laws and regulations and do what’s needed for your asbestos lawsuit.

They can also assess if there are any exceptions to the state’s statute of limitations in your case. They’ll also be able to determine if your best action plan may be to file in another state. This may be the case if your asbestos exposure happened in a different state. This could also be the case if the company liable for your asbestos exposure is headquartered outside of Indiana.

Nationwide Asbestos Law Firms Outside Indiana

Indiana residents with asbestos-related diseases can choose a national asbestos law firm with nationwide experience and more extensive reach than local firms. Firms that practice nationwide are knowledgeable about state asbestos laws and can help you litigate in other states if that’s most appropriate for your specific case. 

Lawyers with national mesothelioma law firms will travel to meet with you. They regularly travel for consultations. Top asbestos law firms usually don’t charge for travel expenses for these initial meetings. Your lawyer can also travel to you for depositions and other important in-person meetings. Virtual calls can also be arranged.

Successful Asbestos Litigation in Indiana 

Indiana has seen many significant asbestos verdicts and settlements. Past asbestos litigation statewide reflects Indiana’s heavy industrial use of asbestos. The toxic mineral was used in automobile factories, steel mills and chemical plants. Past cases have led to millions of dollars in mesothelioma compensation. 

Notable Indiana Settlements and Verdicts

• $250 Million: Roby Whittington worked for U.S. Steel in Gary, Indiana. He developed mesothelioma and filed an asbestos lawsuit. A jury awarded the former steelworker $250 million. His asbestos law firm, Simmons Hanly Conroy, negotiated a private settlement in 2003 that stopped the company from appealing.
• $34 Million: Auto mechanic Arthur Putt worked for Ford Motor Co. in service shops in Indiana and California. He filed a mesothelioma lawsuit that claimed he was exposed to asbestos in Ford’s brakes. Simmons Hanly Conroy secured a verdict in 2020. Ford appealed. A California court confirmed the judgment, reduced the punitive damages award from $25.5 million to $17.4 million and denied Ford’s request for a new trial. 
• $10.5 Million: Katherine Chisholm, filed a wrongful death lawsuit against R.T. Vanderbilt Inc. after her husband, Richard, died of mesothelioma in 2012. Her suit claimed the talc used at the ceramics company was asbestos-contaminated. A jury found Vanderbilt liable and awarded $10.5 million to the Chisholm estate in 2015.

Simmons Hanly Conroy, for example, helped a laborer and U.S. Army veteran in Dyer, Indiana, secure $29 Million. They also helped a Crown Point sheet metal worker obtain $6.13 Million.

The average mesothelioma settlement amount varies depending on the individual case. Settlements can range from $1 million to $2 million. The national average asbestos lawsuit trial verdict is $20.7 million. Many factors can affect your verdict or settlement amount. Talk to your attorney about any factors that could affect your claim. 

Asbestos Regulations and Laws in Indiana 

Federal and state laws regulate asbestos in Indiana to protect the public from exposure. In addition to U.S. federal asbestos laws, Indiana sets its own regulations for licensing and overseeing asbestos abatement in the state.

Indiana Asbestos Laws and Regulations

• Indiana Code Section 13-17-6-1: Outlines regulations on licensing, accreditation and oversight in the state.
• Indiana Code Section 13-14-1-2 and Section 13-14-8-7: Defines power and duties of Indiana’s environmental management department, including asbestos management.

• Indiana Code Title 34, Section 34-11-2-4(1): Defines the statutes of limitations for personal injury claims in Indiana.
• Indiana Code Title 34, Section 51-2-5: Defines Indiana’s negligence laws.

A pair of offices within the Indiana Department of Environmental Management work to regulate asbestos in the state. The Office of Air Quality oversees asbestos in the workplace. The Office of Land Quality oversees asbestos contamination in water and soil. The Indiana Department of Labor presides over the licensing of asbestos abatement professionals. 

Asbestos Exposure Risks in Indiana 

Naturally occurring asbestos deposits don’t exist in Indiana. However, the state’s numerous manufacturing industries used a large amount of imported asbestos-containing materials. 

Asbestos was prized for its insulating capabilities and heat-resistant qualities. Workers in many industries were at risk of asbestos exposure at job sites and inside manufacturing facilities. 

Sites in Indiana Known for Asbestos Exposure 

• Federal Office Building in Evansville: According to the CDC, testing in 1986 showed the office building contained amosite and chrysotile asbestos.
• General Motors: In the past, GM used asbestos in many of its auto parts and products, including brakes, clutches, hood liners, gaskets and heat shields.
• Nuturn Corporation: In 1984, a concerned union member at the brake manufacturer in New Castle contacted OSHA. The agency surveyed and detected asbestos concentrations that far exceeded the allowable amount. Pulmonary function tests and chest X-rays of 170 plant workers revealed several complications from the asbestos exposure. Many employees had abnormal pulmonary function test results.
• Rolls Royce: In 2021, the company completed a $600 million renovation of its Indianapolis facilities. Included in the project was 2 million pounds of abated asbestos.

In September 2018, the EPA’s internal watchdog released a report about the agency’s failure to inspect schools for asbestos. The EPA is responsible for inspecting schools in most states, but some states do their own inspections.

The EPA conducted 13% of all asbestos compliance inspections from 2011 to 2015, while the states conducting their own inspections conducted 87%. This means states relying on the EPA aren’t getting as many compliance inspections. EPA’s Region 5, which includes Indiana, performed even fewer inspections than other regions.

Asbestos Exposure at Work in Indiana

Workers in many industries across Indiana experienced occupational asbestos exposure. Asbestos was used to make products such as: Steel, automobiles, electrical equipment, chemical products, rubber, petroleum and coal. Steel mill workers faced the highest risk of asbestos exposure. 

Because asbestos can withstand high temperatures, companies used it in various applications in the mills. Lake County has the highest incidence rate for asbestos-related diseases in Indiana. It’s home to the city of Gary, best known for its steel mills.

Higher-Risk Jobs in Indiana

• Automobile manufacturing
• Chemical manufacturing
• Coal mining
• Electrical equipment manufacturing
• Metalworks
• Oil and gas
• Rubber manufacturing

Veterans in Indiana may have also been exposed to asbestos. The U.S. armed forces used asbestos throughout military bases. Air Force veterans could have been exposed at Grissom Air Reserve Base near Kokomo, Indiana. Army veterans may have been exposed at Camp Atterbury Army Base in Edinburgh, Indiana. 

In 2002, an Indiana court ruled that secondary asbestos exposure cases may be filed based on the Indiana Product Liability Act. In the case that confirmed the ruling, the Indiana Supreme Court held that the wife of an asbestos insulator was considered a “consumer” who was subjected to bystander asbestos exposure and thus had legal standing to file a claim.

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