Montana Mesothelioma Lawyers

Filing a Mesothelioma Claim in Montana 

Many of the claims filed in Montana are related to the asbestos-contaminated vermiculite mines that once operated in Libby. Hundreds of people have died of asbestos-related diseases, such as mesothelioma, and thousands have been diagnosed because of contamination from the mines. 

At least 1 in 10 people living in the Libby area currently have an asbestos-related illness, according to the Center for Asbestos Related Disease in the city. Montana courts handle so many asbestos lawsuits that the state created a special court just for asbestos claims.

Key Facts About Filing in Montana

1. The statute of limitations in Montana is 3 years after your diagnosis for a personal injury claim.
2. Wrongful death lawsuits in Montana must be filed 3 years from the date of a loved one’s death.
3. Plaintiffs must present evidence of their asbestos exposure and evidence linking it to a defendant’s product or conduct. 

Montana follows a modified comparative negligence rule. A plaintiff seeking compensation in a mesothelioma lawsuit has to be less responsible for the injury than the company that allegedly caused the injury. Defendants can be held accountable for the full damages if they’re at least 50% at fault.

Your experienced Montana asbestos lawyer can help you navigate the state’s legal complexities. Montanans may be able to file both lawsuits and asbestos trust fund claims. 

Why Hire an Asbestos Lawyer in Montana?

Hiring a skilled Montana mesothelioma lawyer helps ensure your claim follows all state laws and procedures. A top attorney will have successfully litigated cases like yours in the state.

It’s best not to wait to file your mesothelioma claim. Thoroughly investigating an asbestos-exposure case requires a fair amount of time and should be completed before you file your case. Experience in these investigations on the part of your asbestos attorney will make a key difference in building the strength of your case.

Montana Mesothelioma Law Firms

Top Montana firms will be familiar with state laws and regulations that are important to your case. Familiarity with processes, specific courts, judges and jury pools in the state can be advantageous in managing your case.

Your Montana asbestos lawyer will also be able to determine if there are any exceptions to rules in your specific case. For example, sometimes there are exceptions to statutes of limitations in individual cases. To avoid delay and possibly missing your window to file, it’s important to speak with a lawyer as soon as possible.

Nationwide Asbestos Law Firms Outside Montana 

Residents of Montana with asbestos-related diseases often choose to work with nationwide mesothelioma law firms. Asbestos lawyers at these national law firms have experience facing off against large corporations in court. 

They regularly travel to meet mesothelioma clients across the country. They typically don’t charge for travel expenses for consultations.

Simmons Hanly Conroy, for example, assisted a ranch helper in Baker obtain $5.33 million. The firm also helped a carpenter and mill worker in Conrad secure $3.27 million. 

Filing a claim in another state may also be an option for your case. This could be the best option if your asbestos exposure happened in another state or if the company responsible is based outside of Montana. Your experienced mesothelioma lawyer will be able to guide you through the process. 

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 6-figure payouts from asbestos trust funds.

Notable Montana Settlements and Verdicts

• $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.

• $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 2022, a Great Falls jury awarded laborer Ralph Hutt $36.5 million. Hutt is a former asbestos worker at the W.R. Grace & Co. vermiculite mill in Libby. 
• $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 carried vermiculite contaminated with asbestos from the mine to the railyard in Libby. 

Your asbestos case is unique. Many factors can affect your verdict or settlement amount. Mesothelioma settlements can range from $1 million to $2 million. Verdicts typically average higher. The national average asbestos lawsuit trial verdict is $20.7 million. Discuss factors that may affect your claim with your attorney.

Regulating Asbestos in Montana 

A combination of federal laws and state regulations govern asbestos throughout Montana. Several regulatory authorities, including the Montana Department of Environmental Quality, the Environmental Protection Agency and the Occupational Safety and Health Administration regulate asbestos use in facilities.

Montana Asbestos Laws and Regulations

• Montana Code Section 75-2-501: Defines the Asbestos Control Act of Montana.
• Montana Department of Environmental Quality: This administers the regulatory requirements for asbestos abatement set forth at the federal and state levels.
• Montana Code Section 27-1-703: Defines Montana’s negligence laws.
• Montana Code Section 27-2-204: Defines Montana’s statutes of limitations.

Montana’s Asbestos Control Program is responsible for issuing asbestos project permits and demolition acknowledgments for building renovation and demolition activities. The program also maintains the training and accreditation programs for all asbestos-related occupations in the state. The EPA and the Asbestos Control Act of Montana have delegated the DEQ as the state’s rule-making authority.

Asbestos Exposure in Montana

For most states asbestos exposure happens in occupational settings. However, the majority of Montana’s exposure can be traced to the former vermiculite mines near Libby. Mining operations extracted vermiculite contaminated with toxic tremolite asbestos from the ground for several decades. Workers in other parts of the state were exposed to asbestos at several job sites. 

Sites in Montana Known for Asbestos Exposure

• ASARCO lead smelter: The company began mining asbestos in the 1950s. It started as an asbestos pipe manufacturing business in 1960.
• 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: The Billings coal-fired power plant was shut down in 2014 following an asbestos leak. A year later, it closed permanently before being demolished. 
• Karst Mine:  The former asbestos mine near Big Sky is now a Superfund site.
• W.R. Grace & Company vermiculite mine: From 1923 to 1990, at least 5,000 pounds of asbestos was released into the air daily from vermiculite mines near Libby. In 2002, the EPA added Libby to its Superfund National Priorities List. It wasn’t until 2014 that the agency determined the cleanup efforts were successful and declared Libby safe.

In 2011, the Associated Press located asbestos-contaminated wood chips and tree bark in public parks, yards and outside schools. It’s unclear exactly where the contaminated wood was placed, so residents were warned to be aware of public areas with landscaping.

Structures built before the 1980s, including schools and homes, likely contain asbestos. Legacy asbestos can pose a danger if the material is damaged or deteriorates. Dangerous fibers can become airborne and ingested. If asbestos is found in a building, it shouldn’t be disturbed. Professionals should be hired for testing and asbestos abatement.

Occupational Asbestos Exposure in Montana 

Outside of the Libby asbestos disaster, many workers have been exposed to asbestos at their jobs. Power plants, refineries, factories and construction sites exposed workers to asbestos-containing materials across Montana. Regular long-term exposure, either occupational or from living near a contaminated site, causes most diagnoses.

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

Some Montana veterans were exposed to asbestos materials on military bases. Those who develop an asbestos-related disease may file VA claims for benefits and can access VA health care in Montana. Veterans should contact a qualified asbestos lawyer in Montana to review their case.

Asbestos contamination in Libby has resulted in a history of secondhand asbestos exposure lawsuits. Montana courts have recognized secondary exposure claims. Also known as “take-home duty,” 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. 

Recommended Reading