Montana Mesothelioma Lawyers

How to Find and Choose a Montana Mesothelioma Lawyer

If you live in Montana and received a mesothelioma diagnosis, you need the help of experienced legal professionals who understand the process of filing compensation claims in local courts for asbestos exposure. Your asbestos attorney will manage your mesothelioma lawsuit, limiting stress on you and your family.

Asbestos exposure was common in Montana. Approximately 1 in 10 people living in Libby, Montana, have an asbestos-related illness, according to the Center for Asbestos Related Disease. Montana’s Supreme Court created a specialized Asbestos Claims Court to manage the large volume of Libby-related asbestos lawsuits. From 2018 to 2022, the mesothelioma incidence rate was 0.90 per 100,000 people, with 64 new mesothelioma cases reported.

National firms that specialize in mesothelioma lawsuits are a good choice because they have experience facing large corporations and winning. Top asbestos firms support patients and have the resources to see cases through.

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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Asbestos Settlements and Verdicts Awarded in Montana 

Montana has reached several notable asbestos verdicts and settlements, totaling millions of dollars in mesothelioma compensation. Many are related to the asbestos exposure disaster in Libby. Along with lawsuits and settlements, skilled mesothelioma lawyers in Montana have recovered six-figure payouts from asbestos trust funds.

Notable Montana Verdicts, Settlements or Trust Fund Payouts

• $3 billion: W.R. Grace & Co., which owned and operated contaminated mines in Libby, established a $3 billion asbestos trust fund in 2014 to compensate future claimants via payouts.

• $43 million: In September 2011, a $43 million mesothelioma settlement was reached between the state and nearly 1,200 plaintiffs from Libby. The state’s insurance provider was ordered to pay the total settlement, which is traditionally kept private when a single plaintiff files suit.
• $36.5 million: In this 2022 case, a Great Falls jury verdict awarded $6.5 million in economic damages and $30 million in punitive damages to Montana worker Ralph Hutt. The W.R. Grace & Co. vermiculite mill employed the former laborer. 
• $8 million: On April 22, 2024, an $8 million jury verdict was reached against BNSF Railroad on behalf of 2 families whose loved ones died of mesothelioma. Both Thomas Wells and Joyce Walder lived near the railyard. BNSF workers transported vermiculite contaminated with asbestos from the mine to its railyard in Libby.

Mesothelioma settlements often range from $1 million to $2 million. Trial verdicts typically average higher, sometimes reaching $20 million or more, according to the latest data from Mealey’s. Every case is unique, and compensation depends on your specific circumstances.

How Does an Asbestos Lawyer Handle Your Claim in Montana?

An asbestos lawyer can help you file a personal injury lawsuit for mesothelioma or apply for relevant asbestos trust fund claims. Experienced mesothelioma firms can also help surviving family members file a wrongful death lawsuit in Montana.

Steps to a Mesothelioma Claim

• Schedule a visit: An asbestos lawyer visits your home for a short interview.
• Give the green light: After making sure your case qualifies in Montana, your lawyer gets started on the filing process. They’ll ensure your claim is filed within the 3-year statutes of limitation for personal injury and wrongful death cases.
• Gather evidence: Your attorney handles the discovery process completely, gathering work documentation, medical records and other supporting evidence, and communicates with the defendants.
• Settle or go to court: Your legal team handles negotiations. Asbestos attorneys can also represent you in court and pursue a favorable verdict.

Filing a claim in another state may also be an option if your asbestos exposure happened outside of Montana or involved contaminated products from manufacturers headquartered elsewhere. Your mesothelioma lawyer can guide you through the process.

Unsure About Your Legal Options?

Over $30 billion has been set aside to support those diagnosed with mesothelioma. We’ll help you explore your options and introduce you to the nation’s leading mesothelioma law firms.

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Asbestos Exposure in Montana

Most of Montana’s asbestos exposure cases can be traced to the former vermiculite mines near Libby, but mining isn’t the only industry at higher risk of exposure. Many commercial and industrial laborers in the state were exposed to asbestos products at work, especially in insulation products and heat-resistant building materials.

Sites in Montana Known for Asbestos Exposure

• ASARCO lead smelter: ASARCO entered the asbestos mining and pipe-manufacturing business in the 1950s and 1960s, and its lead smelter operations have been identified as potential asbestos exposure sites.
• Boise Cascade plywood company: The Billings plant used asbestos products through the 1980s. 
• Conoco oil refinery: The site in Billings is known to have exposed workers to asbestos.
• Glasgow Air Force Base: U.S. Air Force Veterans across the country were exposed to asbestos since it was used extensively for its heat-resistant properties. The Glasgow facility was found to have a wide variety of contaminants on the 6,000-acre property.  
• J.E. Corette power plant: This coal-fired plant in Billings shut down in 2014 and was later demolished after extensive asbestos abatement work. 
• Karst Mine: The former asbestos mine near Big Sky is now a Superfund site.

Buildings constructed in Montana before the 1980s, including schools, homes and government buildings, likely contain asbestos. This legacy asbestos can pose a danger if the material is damaged or deteriorates. The harmful fibers can become airborne when disturbed.

The Libby Vermiculite Mine

The W.R. Grace & Company vermiculite mine in Libby is infamous for the enormous emotional and financial losses it has caused families, not just in Montana, but throughout the U.S. According to EPA estimates and court records, the Libby vermiculite operation released around 5,000 pounds of asbestos into the air every day until the mine closed in 1990. The vermiculite was contaminated with hazardous tremolite, a type of asbestos.

Evidence suggests W.R. Grace knew about the dangers to company workers and town residents as of at least 1960, but hid the truth and pressured local doctors. In 2002, the EPA added Libby to its Superfund National Priorities List, eventually removing more than 3 million cubic feet of contaminated soil from over 2,500 local businesses and homes.

Occupational Asbestos Exposure in Montana 

Montana workers have been exposed to asbestos at power plants, refineries, factories and construction sites. Exposure to asbestos-containing materials occurred across the state. Long-term exposure, either occupational or from living near a contaminated site, is responsible for many cases of mesothelioma.

Higher-Risk Jobs in Montana

• Chemical production
• Construction worker
• Farming operations
• Forestry
• Industrial worker
• Lumber mill worker
• Military personnel
• Oil refining
• Paper mill worker
• Power generation
• Teacher
• Vermiculite mining

Asbestos contamination in Libby has resulted in a history of secondhand asbestos exposure lawsuits. Secondary exposure happens when someone who works with asbestos inadvertently brings hazardous fibers home on their clothing, hair or skin. Secondary exposure is just as dangerous as primary exposure, and Montana courts have recognized the legality of these personal injury or wrongful death claims.

How Your Lawyer Supports You in Montana’s Changing Asbestos Litigation

Montana laws are generally favorable to people who have mesothelioma and asbestos-related illnesses, as multimillion-dollar state verdicts show. Your attorney must still show proof that links your asbestos exposure to a specific site or products.

Montana Legislative Changes

• Health care costs: When calculating economic damages for personal injury lawsuits in Montana, the jury has to limit verdicts to the actual costs of current medical care, past hospital bills and reasonable future healthcare expenses, such as surgery costs. To help ensure verdicts adequately cover your care needs, asbestos lawyers submit detailed records and testimony from respected medical professionals.
• Maryland Casualty Co. v. Asbestos Claims Court: This massive 2020 Supreme Court decision allows people who worked at the Libby W.R. Grace plant to file personal injury claims against Maryland Casualty Company, the insurer responsible for workers’ comp insurance at the plant. MCC directly performed health monitoring services on plant employees in the 1960s and should have warned them about commonly known asbestos hazards.
• Punitive damages: Montana specifically allows judges and juries to award punitive damages against defendants, especially when companies were negligent or tried to hide the dangers of asbestos. Except in class actions, Montana caps punitive damages at the lesser of $10 million or 3% of the defendant’s net worth.
• Products containing asbestos: Montana’s product liability statute can hold both manufacturers and sellers responsible when a product is defective and unreasonably dangerous, and it reaches the user without substantial change. In failure-to-warn cases, lawyers also work to show that important safety warnings were missing or inadequate.

Recent business-backed legislation would add new disclosure and evidentiary requirements in asbestos cases. Critics argue that these changes are intended to delay and complicate claims. A mesothelioma law firm with resources and extensive courtroom experience taking on big businesses can help you improve your chances of a successful outcome for your case.