Michigan Mesothelioma Lawyer

Filing a Mesothelioma Claim in Michigan

People in Michigan may file a personal injury or wrongful death claim associated with an asbestos-related illness. The statute of limitations in Michigan when filing a personal injury claim is 3 years from the date of diagnosis. A wrongful death claim may be filed within 3 years of the death of a loved one. 

Key Facts About Filing in Michigan

1. The Asbestos Trust Claims Transparency Act requires Michigan plaintiffs to file all trust fund claims before a trial begins. 
2. Michigan law doesn’t allow punitive damages in personal injury or wrongful death cases.
3. Compensation laws may limit lawsuits against employers.

The ATCT Act requirements include a sworn statement. Failure to comply may result in the case’s dismissal. In Michigan, plaintiffs may only recover compensatory damages for medical expenses, lost wages and pain and suffering. The ability to sue employers may be limited, but plaintiffs can pursue third-party lawsuits against manufacturers or suppliers of asbestos-containing products.

The complexities of Michigan’s laws make it important to work with an experienced asbestos lawyer in the state. They can help you file a mesothelioma claim. Knowledgeable asbestos attorneys will manage the process for you so you can focus on your health.

Why Hire an Asbestos Lawyer in Michigan?

Hiring an expert mesothelioma lawyer in Michigan can affect the success of your claim. A proven record of success litigating asbestos cases in Michigan like yours can make a key difference. 

Your asbestos attorney will ensure your case is handled on time. The sooner you file, the sooner you may receive much-needed compensation to help cover your lost wages or medical expenses. Your lawyer may also determine if there are any exceptions to statutes relevant to your case.

Michigan Mesothelioma Law Firms

Michigan firms have experience working within the state’s courts. They’ll have experience with Michigan judges and potential jury pools, which may be advantageous in managing your case.

They may also have experience gathering evidence of asbestos exposure at sites across the state. Evidence is critical in building your case successfully.

Nationwide Asbestos Law Firms Outside Michigan

Plaintiffs in Michigan can also work with national mesothelioma law firms. These firms have lawyers licensed to practice across the country. Top national mesothelioma firms will travel to meet you and typically won’t charge for travel expenses for your first consultation.

Experienced national firms have extensive resources. They also have records of success holding companies accountable for negligence that led to asbestos exposure. 

National law firms can also help you file in another state depending on the details of your case. For example, if you live in Michigan, but your exposure happened in another state, you may need to file there. Some plaintiffs also file in another state if the defendant in their case is based outside of Michigan. 

Asbestos Settlements and Verdicts Awarded in Michigan

There have been many asbestos verdicts and settlements in Michigan. Past cases have led to millions of dollars in mesothelioma compensation. 

An example of successful litigation in the state, Simmons Hanly Conroy helped a woman in Branch, Michigan secure $3 million. The plaintiff was exposed to asbestos through secondhand exposure. Her husband’s job exposed him to asbestos, which he inadvertently brought home. The firm also secured $2.8 million for a U.S. Army veteran and communications worker in Superior, Michigan.

Notable Michigan Settlements and Verdicts

• $1.9 Million: A wrongful death lawsuit claimed the steelworker plaintiff’s 30-year career at the Ford Rouge Steel Mill caused his lung cancer and death from asbestos exposure. The case concluded with a successful jury verdict in Saginaw County, Michigan.
• $1.8 Million: A Michigan jury awarded $1.8 million in 2018 to the family of James Parrot after a two-week trial. Parrot’s surviving family claimed their loved one died of lung cancer following asbestos exposure he experienced as a steel worker. 
• $1.5 Million: A Detroit jury awarded $1.5 million to the family of a man who died from mesothelioma. His asbestos exposure occurred while working as a pipe fitter for Buick in Flint, Michigan.
• $1.2 Million: A family of a millwright and blacksmith diagnosed with lung cancer filed a lawsuit that resulted in a $1.2 million award. He’d worked at GM’s Detroit Cadillac plant in the 1960s and 1970s.

An average mesothelioma settlement amount depends on the details of each case. Settlements can range from $1 million to $2 million. Mesothelioma verdicts usually average a higher payout. The national average asbestos lawsuit trial verdict is $20.7 million.

Regulating Asbestos in Michigan 

Along with federal asbestos laws, Michigan sets its own state laws to regulate asbestos and prevent exposure among residents. The state’s air quality department can enforce both federal and state asbestos regulations. 

Michigan’s Occupational Safety and Health Administration also has an asbestos program. It works to prevent asbestos exposure at Michigan job sites.

Michigan Asbestos Laws and Regulations

• Michigan Code, Chapter 338, Section 338.3101: Defines the laws and regulations for the state’s Asbestos Abatement Contractors Licensing Act.
• Michigan Compiled Laws, Chapter 600, Section 600.5805(2): Defines the statutes of limitations for personal injury and wrongful death lawsuits in Michigan.
• Michigan Compiled Laws, Chapter 600, Sections 600.2959 and 600.6306: Defines Michigan’s negligence laws.
• House Bill 5456: Amended the Revised Judicature Act, adding the Asbestos Bankruptcy Trust Claims Transparency Act.

The Michigan Department of Licensing and Regulatory Affairs oversees the state’s asbestos regulations. This department created an asbestos abatement contractor’s licensing board that administers and enforces abatement regulations. 

The Michigan Department of Environment, Great Lakes and Energy regulates asbestos demolition and renovation. It does this through the Asbestos National Emission Standards for Hazardous Air Pollutants regulation. NESHAP is an EPA regulation created to minimize asbestos fibers released into the air during building demolition and renovation activities.

Asbestos Exposure in Michigan

Michigan’s history of automobile manufacturing and other industries has had a significant impact on residents’ health. It’s led to the state’s ranking of No. 9 in the nation for deaths attributable to mesothelioma and other asbestos-related diseases. 

Michigan’s automotive factories, manufacturing plants and refineries contributed to asbestos exposure at work. Serving in the military also can present a risk of exposure. Several naturally occurring asbestos deposits also exist across Michigan.

Sites in Michigan Known for Asbestos Exposure 

• Defoe Shipyard: The Bay City shipbuilding company frequently used asbestos products in the shipbuilding process. The facility helped the U.S. Navy during World War II. 
• Detroit Edison Power Plants: The facilities used asbestos for insulation in boilers, turbines and other equipment.
• Dow Chemical: The Midland, Michigan, company exposed many workers to asbestos-containing materials and has been a defendant in several asbestos lawsuits. 
• McLouth Steel: The former steel company in Trenton used asbestos as insulation to protect against high temperatures. After the EPA discovered asbestos and other hazardous waste, the facility is now a Superfund site.

Automotive Plants were also significant sources of asbestos exposure. Asbestos has been found at Buick, Cadillac, Chevrolet, Chrysler, Ford, General Motors, Oldsmobile, Plymouth and Pontiac facilities across Michigan. Power plants also relied heavily on asbestos to insulate high-heat machinery.

Asbestos in schools across Michigan put students and staff at risk of developing an asbestos-related illness. Structures built before the 1980s likely contain legacy asbestos. The toxic mineral was used in classrooms, auditoriums, teachers’ lounges, school corridors and other high-traffic areas.

Occupational Asbestos Exposure in Michigan

In Michigan, a number of occupations have an increased risk of developing asbestos-caused health conditions. Workers were exposed during their daily professional tasks. Families were also exposed when workers came home with asbestos on their work clothes and gear.

Higher-Risk Jobs in Michigan 

• Automobile manufacturing
• Assembly line work
• Chemical production
• Construction workers
• Electricians 
• Industrial milling
• Manufacturing
• Mechanical engineering
• Military personnel
• Oil refining
• Pipefitting 
• Power generation
• School workers
• Vermiculite processing

Companies in Michigan can be held responsible for secondhand asbestos exposure. Past rulings in Michigan courts have ruled in favor of plaintiffs and have sided with defendants concerning secondhand exposure cases. An experienced asbestos attorney can help you determine if your secondary exposure case qualifies for a lawsuit. 

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