Nevada Mesothelioma Lawyer

How Do I File a Claim in Nevada?

The process for filing a claim in Nevada requires attention to legal details and procedures that can be fairly complicated. Most people find legal assistance from a Nevada mesothelioma lawyer beneficial when pursuing financial compensation from asbestos trust funds or when filing a lawsuit.

Key Facts About Filing in Nevada

1. The state’s statute of limitations rule is 2 years from the date of diagnosis for a personal injury lawsuit. 
2. Nevada’s statute of limitations is also 2 years from the death of a loved one for filing a wrongful death lawsuit.
3. Nevada follows a comparative negligence rule, meaning your compensation may be reduced if you’re found partially at fault for your illness.
4. State courts have caps on the amount of punitive damages that can be awarded. 

Some points in Nevada’s regulations that can present confusion include the difference between the limit on time to file a workman’s compensation claim versus a legal claim. While the statute of limitations is 2 years for both personal injury and wrongful death lawsuits, it’s only 90 days from diagnosis for workmen’s comp. And a family member only has 1 year from the loss of a loved one to file a workman’s comp claim.  

An experienced Nevada asbestos lawyer can help you navigate different options. You may be eligible for multiple claims. Compensation can help cover medical expenses and lost wages.

Why Should I Hire a Nevada Asbestos Lawyer? 

Nevada courts often favor asbestos defendants. It’s important to work with a skilled Nevada asbestos lawyer who has a record of success with cases like yours in the state. 

This experience can affect the outcome of your claim. An attorney with a successful track record of handling cases similar to yours in Nevada will know essential details about specific laws that may affect your case. 

Contacting a Nevada asbestos attorney to discuss if you’re eligible to file a lawsuit as soon as possible is advisable. The sooner you file, the sooner you may receive compensation to help you and your family.

Nevada Mesothelioma Law Firms

Lawyers with top Nevada mesothelioma law firms will have experience investigating and building solid cases. They’ll manage the process for you until a settlement is negotiated or a verdict is awarded. Most cases settle before going to trial. 

Several factors may affect your verdict or settlement amount. Be sure your experienced Nevada asbestos attorney knows all of the details of your case.

Nationwide Asbestos Law Firms Outside Nevada

Nevadans diagnosed with an asbestos-related disease also have the option of working with a national mesothelioma law firm. It’s important to work with a firm that’s most appropriate for your specific claim.

If your asbestos exposure happened outside of Nevada, your lawyer can decide if filing your claim in another state may be your best option. If the company responsible for your asbestos-related illness is based in another state, this may also affect where you should file. A skilled Nevada mesothelioma lawyer will guide you. 

National asbestos law firms are willing to travel to you. A representative of these firms will come to you to conduct interviews and record depositions. You don’t have to worry about traveling to a law office in another state if you choose a national mesothelioma firm. 

Successful Asbestos Litigation in Nevada

Several verdicts and settlements have been reached in asbestos cases across Nevada. Many cases resulted in millions of dollars in mesothelioma compensation. 

For example, a Las Vegas forklift operator was awarded $5.47 million. In another case, a mining laborer from Battle Mountain won $3.9 million in an asbestos verdict.

Notable Nevada Settlements and Verdicts

• $2 Million: A Nevada power plant worker who developed an asbestos-related disease received more than $2 million to settle his claim against Nevada Power of Las Vegas in 2005.
• $1.8 Million: A retired U.S. Navy veteran and maintenance worker from Nevada who was diagnosed with mesothelioma received a $1.8 million settlement.
• $1.4 Million: An 83-year-old retired plumber and U.S. Navy veteran received $1.4 million in a mesothelioma settlement.
• $1.1 Million: A 78-year-old Nevada mechanic and former police officer received $1.1 million to resolve his mesothelioma claim.

Your mesothelioma case is unique. Since every asbestos claim differs, settlements can range from $1 million to $2 million. Mesothelioma verdicts usually average higher compared to settlements. The national average asbestos lawsuit trial verdict is $20.7 million.

Nevada Laws That Regulate Asbestos 

Both state regulations and federal laws regarding asbestos apply in Nevada. The Nevada Occupational Safety and Health Administration licenses asbestos contractors in the state. If companies are found violating asbestos abatement rules, they can be fined.

List title: Nevada Asbestos Laws and Regulations

• Nevada Revised Statute 618.750: Contains the state’s definition of asbestos and how it should be controlled in Nevada.
• Nevada Administrative Code 444.972: Defines the laws around asbestos waste disposal in Nevada.
• Clark County Air Quality Regulations Section 13.1: Defines regulations involving asbestos renovation and demolition in Clark County, Nevada.
• Nevada Revised Statute 11.190-(4)(c): Defines the statute of limitations for personal injury and wrongful death lawsuits in Nevada.
• Nevada Revised Statute 41.141: Defines Nevada’s negligence laws, including the definition of the state’s comparative negligence rule.

Nevada’s Division of Environmental Protection oversees and enforces asbestos laws and the state’s Solid Waste Management Authority handles asbestos waste disposal. Clark County has also applied some of its own regulations to protect residents from the area’s naturally occurring asbestos.

Asbestos Exposure Risks in Nevada

Nevada residents have been exposed to asbestos in the environment and the workplace. Occupational exposure is likely the primary source of asbestos exposure statewide. Workers in power plants, chemical plants and casinos also faced some of the greatest exposure.

Sites in Nevada Known for Asbestos Exposure

• Clark County Naturally Occurring Asbestos: Naturally occurring asbestos has been found in Clark County, Nevada. Researchers estimate asbestos is present in the surrounding 53,000 acres. The size and shape of the fibers make them easy to inhale and potentially carcinogenic.
• Flamingo Hotel and Casino: An investigation in 2007 found that remodeling at the Las Vegas facilities had exposed workers and casino patrons to airborne asbestos dust.
• Harrah’s Casinos: The company has a history of asbestos scandals. For example, the casino paid $6,930 in fines for 12 serious asbestos violations in 2006. It failed to provide workers with proper protective gear while removing asbestos.
• Johns Manville: The company created asbestos products but hid the dangers of toxic exposure. After decades of legal battles, it created a $2.5 billion asbestos trust fund in 1988.
• Nevada Power Company: Much of the equipment used contained asbestos. Turbines, boilers, arc chutes, pipes and other equipment contained asbestos for its heat-resistant properties. 
• Southern Pacific Company: The former railroad has been involved in asbestos exposure incidents. Asbestos was used extensively in the railroad industry for decades before the early 1980s.
• Union Pacific System: The hazardous material was used in the railroad’s buildings, yard offices, locomotives, rail cars, signal houses and to repair broken rails. 
• U.S. Gypsum Company: Between 1920 and 1978, the company sold and manufactured many asbestos-containing products. In 2001, it declared bankruptcy to resolve thousands of asbestos lawsuits. In 2006, it formed an asbestos trust fund.

Higher-than-normal rates of mesothelioma have been reported among women and younger people in Nevada’s Clark and Nye counties. Researchers suggest naturally occurring asbestos and wind are responsible. Boulder City and the Las Vegas metropolitan area are at risk of asbestos exposure, especially on windy days.

With blowing dust a concern, crews expect cleanup to continue through 2026 at the Three Kids Mine in Clark County. Crews are removing asbestos and toxic metals from the old manganese mine. Once the cleanup process is completed, homes will be built on the property. 

Asbestos Exposure at Work in Nevada

Workers were at risk of asbestos exposure in occupations involving construction, manufacturing and industrial work. Residents and workers have also been exposed to asbestos in the state’s casinos.

Jobs With Higher Exposure Rates in Nevada 

• Casino construction, repair and demolition
• Chemical production
• Government worker
• Manufacturing
• Military occupations
• Power generation
• Teacher 
• Vermiculite processing

If secondhand asbestos exposure caused your mesothelioma or asbestos lung cancer, companies in Nevada can be held liable for your condition. Also known as “take-home duty,” secondhand asbestos exposure happens when someone who works with asbestos brings home dangerous fibers on their clothing, hair or skin. 

Before filing your suit, you’ll need to prove your diagnosis with medical records. Your Nevada mesothelioma attorney can help you provide details about your asbestos exposure and documentation of where and how the exposure occurred.

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